SENATOR Coughlin

To amend section 2743.48 of the Revised Code to

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increase the amount that a wrongfully imprisoned

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individual, in an action brought in the Court of

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Claims, is entitled to for each year of

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imprisonment.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2743.48 of the Revised Code be	6
amended to read as follows:	7

Sec. 2743.48.  (A) As used in this section, a "wrongfully	8
imprisoned individual" means an individual who satisfies each of	9
the following:	10

(1) HeThe individual was charged with a violation of a	11
section of the Revised Code by an indictment or information prior	12
to, or on or after, September 24, 1986, and the violation charged	13
was an aggravated felony or felony.	14

(2) HeThe individual was found guilty of, but did not plead	15
guilty to, the particular charge or a lesser-included offense by	16
the court or jury involved, and the offense of which hethe	17
individual was found guilty was an aggravated felony or felony.	18

(3) HeThe individual was sentenced to an indefinite or	19
definite term of imprisonment in a state correctional institution	20
for the offense of which hethe individual was found guilty.	21

(4) The individual's conviction was vacated or was	22
dismissed, or reversed on appeal, the prosecuting attorney in the	23
case cannot or will not seek any further appeal of right or upon	24
leave of court, and no criminal proceeding is pending, can be	25
brought, or will be brought by any prosecuting attorney, city	26
director of law, village solicitor, or other chief legal officer	27
of a municipal corporation against the individual for any act	28
associated with that conviction.	29

(5) Subsequent to his sentencing and during or subsequent to	30
his imprisonment, it was determined by a court of common pleas	31
that the offense of which hethe individual was found guilty,	32
including all lesser-included offenses, either was not committed	33
by himthe individual or was not committed by any person.	34

(B)(1) When a court of common pleas determines, on or after	35
September 24, 1986, that a person is a wrongfully imprisoned	36
individual, the court shall provide the person with a copy of this	37
section and orally inform himthe person and histhe person's	38
attorney of histhe person's rights under this section to commence	39
a civil action against the state in the court of claims because of	40
histhe person's wrongful imprisonment and to be represented in	41
that civil action by counsel of histhe person's own choice.	42

(2) The court described in division (B)(1) of this section	43
shall notify the clerk of the court of claims, in writing and	44
within seven days after the date of the entry of its determination	45
that the person is a wrongfully imprisoned individual, of the name	46
and proposed mailing address of the person and of the fact that	47
the person has the rights to commence a civil action and to have	48
legal representation as provided in this section. The clerk of	49
the court of claims shall maintain in histhe clerk's office a	50
list of wrongfully imprisoned individuals for whom notices are	51
received under this section and shall create files in histhe	52
clerk's office for each such individual.	53

(C)(1) In a civil action under this section, a wrongfully	54
imprisoned individual has the right to have counsel of histhe	55
individual's own choice.	56

(2) If a wrongfully imprisoned individual who is the subject	57
of a court determination as described in division (B)(1) of this	58
section does not commence a civil action under this section within	59
six months after the entry of that determination, the clerk of the	60
court of claims shall send a letter to himthe wrongfully	61
imprisoned individual, at the address set forth in the notice	62
received from the court of common pleas pursuant to division	63
(B)(2) of this section or to any later address provided by the	64
wrongfully imprisoned individual, that reminds himthe wrongfully	65
imprisoned individual of histhe wrongfully imprisoned	66
individual's rights under this section. Until the statute of	67
limitations provided in division (H) of this section expires and	68
unless the wrongfully imprisoned individual commences a civil	69
action under this section, the clerk of the court of claims shall	70
send a similar letter in a similar manner to himthe wrongfully	71
imprisoned individual at least once each three months after the	72
sending of the first reminder.	73

(D) Notwithstanding any provisions of this chapter to the	74
contrary, a wrongfully imprisoned individual has and may file a	75
civil action against the state, in the court of claims, to recover	76
a sum of money as described in this section, because of histhe	77
individual's wrongful imprisonment. The court of claims shall	78
have exclusive, original jurisdiction over such a civil action.	79
The civil action shall proceed, be heard, and be determined as	80
provided in sections 2743.01 to 2743.20 of the Revised Code,	81
except that if a provision of this section conflicts with a	82
provision in any of those sections, the provision in this section	83
controls.	84

(E)(1) In a civil action as described in division (D) of	85
this section, the complainant may establish that hethe claimant	86
is a wrongfully imprisoned individual by submitting to the court	87
of claims a certified copy of the judgment entry of the court of	88
common pleas associated with histhe claimant's conviction and	89
sentencing, and a certified copy of the entry of the determination	90
of a court of common pleas that hethe claimant is a wrongfully	91
imprisoned individual. No other evidence shall be required of the	92
complainant to establish that hethe claimant is a wrongfully	93
imprisoned individual, and hethe claimant shall be irrebuttably	94
presumed to be a wrongfully imprisoned individual.	95

(2) In a civil action as described in division (D) of this	96
section, upon presentation of requisite proof to the court, a	97
wrongfully imprisoned individual is entitled to receive a sum of	98
money that equals the total of each of the following amounts:	99

(a) The amount of any fine or court costs imposed and paid,	100
and the reasonable attorney's fees and other expenses incurred by	101
the wrongfully imprisoned individual in connection with all	102
associated criminal proceedings and appeals, and, if applicable,	103
in connection with obtaining histhe wrongfully imprisoned	104
individual's discharge from confinement in the state penal or	105
reformatorycorrectional institution;	106

(b) For each full year that he was imprisonedof	107
imprisonment in the state correctional institution for the offense	108
of which hethe wrongfully imprisoned individual was found guilty,	109
twenty-fiveforty thousand three hundred thirty dollars, and for	110
each part of a year that he wasof being so imprisoned, a	111
pro-rated share of twenty-fiveforty thousand three hundred thirty	112
dollars;	113

(c) Any loss of wages, salary, or other earned income that	114
directly resulted from histhe wrongfully imprisoned individual's	115
arrest, prosecution, conviction, and wrongful imprisonment.	116

(F)(1) If the court of claims determines in a civil action	117
as described in division (D) of this section that the complainant	118
is a wrongfully imprisoned individual, it shall enter judgment for	119
the wrongfully imprisoned individual in the amount of the sum of	120
money to which hethe wrongfully imprisoned individual is entitled	121
under division (E)(2) of this section. In determining that sum,	122
the court of claims shall not take into consideration any expenses	123
incurred by the state or any of its political subdivisions in	124
connection with the arrest, prosecution, and imprisonment of the	125
wrongfully imprisoned individual, including, but not limited to,	126
expenses for food, clothing, shelter, and medical services.	127

(2) If the wrongfully imprisoned individual was represented	128
in the civil action under this section by counsel of histhe	129
wrongfully imprisoned individual's own choice, the court of claims	130
shall include in the judgment entry referred to in division (F)(1)	131
of this section an award for the reasonable attorney's fees of	132
that counsel. These fees shall be paid as provided in division	133
(G) of this section.	134

(3) The state consents to be sued by a wrongfully imprisoned	135
individual because histhe imprisonment was wrongful, and to	136
liability on its part because of that fact, only as provided in	137
this section. However, this section does not affect any liability	138
of the state or of its employees to a wrongfully imprisoned	139
individual on a claim for relief that is not based on the fact of	140
histhe wrongful imprisonment, including, but not limited to, a	141
claim for relief that arises out of circumstances occurring during	142
histhe wrongfully imprisoned individual's confinement in the	143
state correctional institution.	144

(G) The clerk of the court of claims shall forward a	145
certified copy of a judgment under division (F) of this section to	146
the president of the controlling board. The board shall take all	147
actions necessary to cause the payment of the judgment out of the	148
emergency purposes special purpose account of the board.	149

(H) To be eligible to recover a sum of money as described in	150
this section because of his wrongful imprisonment, a wrongfully	151
imprisoned individual shall not have been, prior to September 24,	152
1986, the subject of an act of the general assembly that	153
authorized an award of compensation for histhe wrongful	154
imprisonment or have been the subject of an action before the	155
former sundry claims board that resulted in an award of	156
compensation for histhe wrongful imprisonment. Additionally, to	157
be eligible to so recover, the wrongfully imprisoned individual	158
shall commence a civil action under this section in the court of	159
claims no later than two years after the date of the entry of the	160
determination of a court of common pleas that hethe individual is	161
a wrongfully imprisoned individual.	162

Section 2. That existing section 2743.48 of the Revised Code	163
is hereby repealed.	164

Section 3. Section 2743.48 of the Revised Code, as amended by	165
this act, applies to civil actions for wrongful imprisonment in	166
the Court of Claims commenced on or after the effective date of	167
this act, or commenced prior to and pending on the effective date	168
of this act.	169