S. B. No. 117 As Introduced

Senators Mallory, Dann, Fedor, Jacobson, Miller

A BILL

To amend section 2307.60 of the Revised Code to 1
provide that a final judgment, entered after a 2
trial or upon a plea of guilty in certain criminal 3
actions generally precludes the offender from 4
denying any fact essential to sustain that 5
judgment when entered in evidence in a civil 6
proceeding that is based on the criminal act. 7

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

       Section 1. That section 2307.60 of the Revised Code be 8
amended to read as follows: 9

       Sec. 2307.60. (A)(1) Anyone injured in person or property by 10
a criminal act has, and may recover full damages in, a civil 11
action unless specifically excepted by law, may recover the costs 12
of maintaining the civil action and attorney's fees if authorized 13
by any provision of the Rules of Civil Procedure or another 14
section of the Revised Code or under the common law of this state, 15
and may recover punitive or exemplary damages if authorized by 16
section 2315.21 or another section of the Revised Code. ~~No record~~ 17
~~of a conviction, unless obtained by confession in open court,~~ 18
~~shall be used as evidence in a civil action brought pursuant to~~ 19
~~division (A) of this section.~~ 20

       (2) A final judgment, entered after a trial or upon a plea of 21
guilty, but not upon a plea of no contest or the equivalent plea 22
from another jurisdiction, that adjudges an offender guilty of a 23
crime punishable by death or imprisonment in excess of one year, 24
when entered as evidence in any subsequent civil proceeding based 25
on the criminal act, shall preclude the offender from denying in 26
the subsequent civil proceeding any fact essential to sustaining 27
that judgment, unless the offender did not have a full and fair 28
opportunity to litigate the issue in the criminal proceeding or 29
other circumstances justify affording the offender an opportunity 30
to relitigate the issue. 31

       (B)(1) As used in division (B) of this section, "tort action" 32
means a civil action for damages for injury, death, or loss to 33
person or property other than a civil action for damages for a 34
breach of contract or another agreement between persons. "Tort 35
action" includes, but is not limited to, a product liability 36
claim, as defined in section 2307.71 of the Revised Code, and an 37
asbestos claim, as defined in section 2307.91 of the Revised Code, 38
an action for wrongful death under Chapter 2125. of the Revised 39
Code, and an action based on derivative claims for relief. 40

       (2) Recovery on a claim for relief in a tort action is barred 41
to any person or the person's legal representative if the person 42
has been convicted of or has pleaded guilty to a felony, or to a 43
misdemeanor that is an offense of violence, arising out of 44
criminal conduct that was a proximate cause of the injury or loss 45
for which relief is claimed in the action. 46

       (3) Division (B) of this section does not apply to civil 47
claims based upon alleged intentionally tortious conduct, alleged 48
violations of the United States Constitution, or alleged 49
violations of statutes of the United States pertaining to civil 50
rights. 51

       Section 2. That existing section 2307.60 of the Revised Code 52
is hereby repealed. 53

Section 1. That section 2307.60 of the Revised Code be	8
amended to read as follows:	9

Sec. 2307.60. (A)(1) Anyone injured in person or property by	10
a criminal act has, and may recover full damages in, a civil	11
action unless specifically excepted by law, may recover the costs	12
of maintaining the civil action and attorney's fees if authorized	13
by any provision of the Rules of Civil Procedure or another	14
section of the Revised Code or under the common law of this state,	15
and may recover punitive or exemplary damages if authorized by	16
section 2315.21 or another section of the Revised Code. ~~No record~~	17
~~of a conviction, unless obtained by confession in open court,~~	18
~~shall be used as evidence in a civil action brought pursuant to~~	19
~~division (A) of this section.~~	20

(2) A final judgment, entered after a trial or upon a plea of	21
guilty, but not upon a plea of no contest or the equivalent plea	22
from another jurisdiction, that adjudges an offender guilty of a	23
crime punishable by death or imprisonment in excess of one year,	24
when entered as evidence in any subsequent civil proceeding based	25
on the criminal act, shall preclude the offender from denying in	26
the subsequent civil proceeding any fact essential to sustaining	27
that judgment, unless the offender did not have a full and fair	28
opportunity to litigate the issue in the criminal proceeding or	29
other circumstances justify affording the offender an opportunity	30
to relitigate the issue.	31

(B)(1) As used in division (B) of this section, "tort action"	32
means a civil action for damages for injury, death, or loss to	33
person or property other than a civil action for damages for a	34
breach of contract or another agreement between persons. "Tort	35
action" includes, but is not limited to, a product liability	36
claim, as defined in section 2307.71 of the Revised Code, and an	37
asbestos claim, as defined in section 2307.91 of the Revised Code,	38
an action for wrongful death under Chapter 2125. of the Revised	39
Code, and an action based on derivative claims for relief.	40

(2) Recovery on a claim for relief in a tort action is barred	41
to any person or the person's legal representative if the person	42
has been convicted of or has pleaded guilty to a felony, or to a	43
misdemeanor that is an offense of violence, arising out of	44
criminal conduct that was a proximate cause of the injury or loss	45
for which relief is claimed in the action.	46

(3) Division (B) of this section does not apply to civil	47
claims based upon alleged intentionally tortious conduct, alleged	48
violations of the United States Constitution, or alleged	49
violations of statutes of the United States pertaining to civil	50
rights.	51

Section 2. That existing section 2307.60 of the Revised Code	52
is hereby repealed.	53