Sec. 107.64. On an annual basis, a survivor of abduction, as | 14 |
defined in section 2743.51 of the Revised Code, may submit to the | 15 |
governor an accounting of the survivor of abduction's physical and | 16 |
mental health care expenses for the immediately preceding | 17 |
twelve-month period, as well as a description of any anticipated | 18 |
physical and mental health care needs for the next year. If the | 19 |
governor receives an accounting or description from a survivor of | 20 |
abduction, the governor shall review it. After completing the | 21 |
review and based on the survivor of abduction's health care | 22 |
expenses and needs, the governor shall determine an amount to be | 23 |
provided to the survivor of abduction to meet anticipated expenses | 24 |
and needs for the next year in the form of reimbursement for | 25 |
copays and coinsurance or premium assistance. | 26 |
(c) A third person, other than a collateral source, who | 41 |
legally assumes or voluntarily pays the obligations of a victim, | 42 |
or of a dependent of a victim, who is described in division | 43 |
(A)(1)(a) of this section, which obligations are incurred as a | 44 |
result of the criminally injurious conduct that is the subject of | 45 |
the claim and may include, but are not limited to, medical or | 46 |
burial expenses; | 47 |
(c) A third person, other than a collateral source, who | 85 |
legally assumes or voluntarily pays the obligations of a victim, | 86 |
or of a dependent of a victim, who is described in division | 87 |
(A)(2)(a) of this section, which obligations are incurred as a | 88 |
result of the criminally injurious conduct that is the subject of | 89 |
the claim and may include, but are not limited to, medical or | 90 |
burial expenses; | 91 |
(1) For the purposes of any person described in division | 136 |
(A)(1) of this section, any conduct that occurs or is attempted in | 137 |
this state; poses a substantial threat of personal injury or | 138 |
death; and is punishable by fine, imprisonment, or death, or would | 139 |
be so punishable but for the fact that the person engaging in the | 140 |
conduct lacked capacity to commit the crime under the laws of this | 141 |
state. Criminally injurious conduct does not include conduct | 142 |
arising out of the ownership, maintenance, or use of a motor | 143 |
vehicle, except when any of the following applies: | 144 |
(2) For the purposes of any person described in division | 161 |
(A)(2) of this section, any conduct that occurs or is attempted in | 162 |
another state, district, territory, or foreign country; poses a | 163 |
substantial threat of personal injury or death; and is punishable | 164 |
by fine, imprisonment, or death, or would be so punishable but for | 165 |
the fact that the person engaging in the conduct lacked capacity | 166 |
to commit the crime under the laws of the state, district, | 167 |
territory, or foreign country in which the conduct occurred or was | 168 |
attempted. Criminally injurious conduct does not include conduct | 169 |
arising out of the ownership, maintenance, or use of a motor | 170 |
vehicle, except when any of the following applies: | 171 |
(d) The conduct occurred on or after July 25, 1990, the | 182 |
person engaging in the conduct was using the vehicle in a manner | 183 |
that constitutes a violation of any law of the state, district, | 184 |
territory, or foreign country in which the conduct occurred, and | 185 |
that law is substantially similar to a violation of section | 186 |
2903.08 of the Revised Code; | 187 |
(E) "Economic loss" means economic detriment consisting only | 200 |
of allowable expense, work loss, funeral expense, unemployment | 201 |
benefits loss, replacement services loss, cost of crime scene | 202 |
cleanup, and cost of evidence replacement. If criminally injurious | 203 |
conduct causes death, economic loss includes a dependent's | 204 |
economic loss and a dependent's replacement services loss. | 205 |
Noneconomic detriment is not economic loss; however, economic loss | 206 |
may be caused by pain and suffering or physical impairment. | 207 |
(F)(1) "Allowable expense" means reasonable charges incurred | 208 |
for reasonably needed products, services, and accommodations, | 209 |
including those for medical care, rehabilitation, rehabilitative | 210 |
occupational training, and other remedial treatment and care and | 211 |
including replacement costs for hearing aids; dentures, retainers, | 212 |
and other dental appliances; canes, walkers, and other mobility | 213 |
tools; and eyeglasses and other corrective lenses. It does not | 214 |
include that portion of a charge for a room in a hospital, clinic, | 215 |
convalescent home, nursing home, or any other institution engaged | 216 |
in providing nursing care and related services in excess of a | 217 |
reasonable and customary charge for semiprivate accommodations, | 218 |
unless accommodations other than semiprivate accommodations are | 219 |
medically required. | 220 |
(2) An immediate family member of a victim of criminally | 221 |
injurious conduct that consists of a homicide, a sexual assault, | 222 |
domestic violence, or a severe and permanent incapacitating injury | 223 |
resulting in paraplegia or a similar life-altering condition, who | 224 |
requires psychiatric care or counseling as a result of the | 225 |
criminally injurious conduct, may be reimbursed for that care or | 226 |
counseling as an allowable expense through the victim's | 227 |
application. The cumulative allowable expense for care or | 228 |
counseling of that nature shall not exceed two thousand five | 229 |
hundred dollars for each immediate family member of a victim of | 230 |
that type and seven thousand five hundred dollars in the aggregate | 231 |
for all immediate family members of a victim of that type. | 232 |
(3) A family member of a victim who died as a proximate | 233 |
result of criminally injurious conduct may be reimbursed as an | 234 |
allowable expense through the victim's application for wages lost | 235 |
and travel expenses incurred in order to attend criminal justice | 236 |
proceedings arising from the criminally injurious conduct. The | 237 |
cumulative allowable expense for wages lost and travel expenses | 238 |
incurred by a family member to attend criminal justice proceedings | 239 |
shall not exceed five hundred dollars for each family member of | 240 |
the victim and two thousand dollars in the aggregate for all | 241 |
family members of the victim. | 242 |
(b) "Allowable expense" includes attorney's fees not | 247 |
exceeding one thousand dollars, at a rate not exceeding one | 248 |
hundred dollars per hour, incurred to successfully obtain a | 249 |
restraining order, custody order, or other order to physically | 250 |
separate a victim from an offender. Attorney's fees for the | 251 |
services described in this division may include an amount for | 252 |
reasonable travel time incurred to attend court hearings, not | 253 |
exceeding three hours' round-trip for each court hearing, assessed | 254 |
at a rate not exceeding thirty dollars per hour. | 255 |
(G) "Work loss" means loss of income from work that the | 256 |
injured person would have performed if the person had not been | 257 |
injured and expenses reasonably incurred by the person to obtain | 258 |
services in lieu of those the person would have performed for | 259 |
income, reduced by any income from substitute work actually | 260 |
performed by the person, or by income the person would have earned | 261 |
in available appropriate substitute work that the person was | 262 |
capable of performing but unreasonably failed to undertake. | 263 |
(I) "Dependent's economic loss" means loss after a victim's | 269 |
death of contributions of things of economic value to the victim's | 270 |
dependents, not including services they would have received from | 271 |
the victim if the victim had not suffered the fatal injury, less | 272 |
expenses of the dependents avoided by reason of the victim's | 273 |
death. If a minor child of a victim is adopted after the victim's | 274 |
death, the minor child continues after the adoption to incur a | 275 |
dependent's economic loss as a result of the victim's death. If | 276 |
the surviving spouse of a victim remarries, the surviving spouse | 277 |
continues after the remarriage to incur a dependent's economic | 278 |
loss as a result of the victim's death. | 279 |
(J) "Dependent's replacement services loss" means loss | 280 |
reasonably incurred by dependents after a victim's death in | 281 |
obtaining ordinary and necessary services in lieu of those the | 282 |
victim would have performed for their benefit if the victim had | 283 |
not suffered the fatal injury, less expenses of the dependents | 284 |
avoided by reason of the victim's death and not subtracted in | 285 |
calculating the dependent's economic loss. If a minor child of a | 286 |
victim is adopted after the victim's death, the minor child | 287 |
continues after the adoption to incur a dependent's replacement | 288 |
services loss as a result of the victim's death. If the surviving | 289 |
spouse of a victim remarries, the surviving spouse continues after | 290 |
the remarriage to incur a dependent's replacement services loss as | 291 |
a result of the victim's death. | 292 |
(2) An award for funeral expenses shall be applied first to | 315 |
expenses directly related to the victim's funeral, cremation, or | 316 |
burial. An award for wages lost or travel expenses incurred by a | 317 |
family member of the victim shall not exceed five hundred dollars | 318 |
for each family member and shall not exceed in the aggregate the | 319 |
difference between seven thousand five hundred dollars and | 320 |
expenses that are reimbursed by the program and that are directly | 321 |
related to the victim's funeral, cremation, or burial. | 322 |
(1) A violation of section 4511.19 of the Revised Code, of | 330 |
any municipal ordinance prohibiting the operation of a vehicle | 331 |
while under the influence of alcohol, a drug of abuse, or a | 332 |
combination of them, or of any municipal ordinance prohibiting the | 333 |
operation of a vehicle with a prohibited concentration of alcohol, | 334 |
a controlled substance, or a metabolite of a controlled substance | 335 |
in the whole blood, blood serum or plasma, breath, or urine; | 336 |
(4) For purposes of any person described in division (A)(2) | 344 |
of this section, a violation of any law of the state, district, | 345 |
territory, or foreign country in which the criminally injurious | 346 |
conduct occurred, if that law is substantially similar to a | 347 |
violation described in division (P)(1) or (2) of this section or | 348 |
if that law is substantially similar to a violation described in | 349 |
division (P)(3) of this section and the offender was under the | 350 |
influence of alcohol, a drug of abuse, or a combination of them, | 351 |
at the time of the commission of the offense. | 352 |
(2) The act described in division (R)(1) of this section is | 363 |
committed within the territorial jurisdiction of the United States | 364 |
and is a violation of the criminal laws of the United States, this | 365 |
state, or any other state or the act described in division (R)(1) | 366 |
of this section is committed outside the territorial jurisdiction | 367 |
of the United States and would be a violation of the criminal laws | 368 |
of the United States, this state, or any other state if committed | 369 |
within the territorial jurisdiction of the United States. | 370 |
Sec. 2743.56. (A) A claim for an award of reparations shall | 421 |
be commenced by filing an application for an award of reparations | 422 |
with the attorney general. The application may be filed by mail. | 423 |
If the application is filed by mail, the post-marked date of the | 424 |
application shall be considered the filing date of the | 425 |
application. The application shall be in a form prescribed by the | 426 |
attorney general and shall include a release authorizing the | 427 |
attorney general and the court of claims to obtain any report, | 428 |
document, or information that relates to the determination of the | 429 |
claim for an award of reparations that is requested in the | 430 |
application. | 431 |
(1) If the victim of the criminally injurious conduct was a | 434 |
minor, within two years of the victim's eighteenth birthday or | 435 |
within two years from the date a complaint, indictment, or | 436 |
information is filed against the alleged offender, whichever is | 437 |
later. This division does not require that a complaint, | 438 |
indictment, or information be filed against an alleged offender in | 439 |
order for an application for an award of reparations to be filed | 440 |
pertaining to a victim who was a minor if the application is filed | 441 |
within two years of the victim's eighteenth birthday, and does not | 442 |
affect the provisions of section 2743.64 of the Revised Code. | 443 |
(2) Before conducting the investigation required under | 455 |
division (A)(1) of this section, the attorney general shall | 456 |
determine whether the claimant is a survivor of abduction. If the | 457 |
attorney general finds that the claimant is a survivor of | 458 |
abduction, the attorney general shall award the claimant | 459 |
twenty-five thousand dollars, payable once per year, for a period | 460 |
of years lasting the number of years that the claimant was | 461 |
restrained. The attorney general is not required to make a written | 462 |
finding of fact and decision concerning a claimant that the | 463 |
attorney general determines is a survivor of abduction. The amount | 464 |
received by the claimant shall be reduced by any other award of | 465 |
reparations under this section for the criminally injurious | 466 |
conduct alleged in the application. | 467 |
(B)(1) The attorney general may require the claimant to | 472 |
supplement the application for an award of reparations with any | 473 |
further information or documentary materials, including any | 474 |
medical report readily available, that may lead to any relevant | 475 |
facts in the determination of whether, and the extent to which, a | 476 |
claimant qualifies for an award of reparations. The attorney | 477 |
general may depose any witness, including the claimant, pursuant | 478 |
to Civil Rules 28, 30, and 45. | 479 |
(2)(a) For the purpose of determining whether, and the extent | 480 |
to which, a claimant qualifies for an award of reparations, the | 481 |
attorney general may issue subpoenas and subpoenas duces tecum to | 482 |
compel any person or entity, including any collateral source, that | 483 |
provided, will provide, or would have provided to the victim any | 484 |
income, benefit, advantage, product, service, or accommodation, | 485 |
including any medical care or other income, benefit, advantage, | 486 |
product, service, or accommodation that might qualify as an | 487 |
allowable expense or a funeral expense, to produce materials to | 488 |
the attorney general that are relevant to the income, benefit, | 489 |
advantage, product, service, or accommodation that was, will be, | 490 |
or would have been so provided and to the attorney general's | 491 |
determination. | 492 |
(b) If the attorney general issues a subpoena or subpoena | 493 |
duces tecum under division (B)(2)(a) of this section and if the | 494 |
materials that the attorney general requires to be produced are | 495 |
located outside this state, the attorney general may designate one | 496 |
or more representatives, including officials of the state in which | 497 |
the materials are located, to inspect the materials on the | 498 |
attorney general's behalf, and the attorney general may respond to | 499 |
similar requests from officials of other states. The person or | 500 |
entity subpoenaed may make the materials available to the attorney | 501 |
general at a convenient location within the state. | 502 |
(c) At any time before the return day specified in the | 503 |
subpoena or subpoena duces tecum issued under division (B)(2)(a) | 504 |
of this section or within twenty days after the subpoena or | 505 |
subpoena duces tecum has been served, whichever period is shorter, | 506 |
the person or entity subpoenaed may file with a judge of the court | 507 |
of claims a petition to extend the return day or to modify or | 508 |
quash the subpoena or subpoena duces tecum. The petition shall | 509 |
state good cause. | 510 |
(d) A person or entity who is subpoenaed under division | 511 |
(B)(2)(a) of this section shall comply with the terms of the | 512 |
subpoena or subpoena duces tecum unless otherwise provided by an | 513 |
order of a judge of the court of claims entered prior to the day | 514 |
for return contained in the subpoena or as extended by the court. | 515 |
If a person or entity fails without lawful excuse to obey a | 516 |
subpoena or subpoena duces tecum issued under division (B)(2)(a) | 517 |
of this section or to produce relevant materials, the attorney | 518 |
general may apply to a judge of the court of claims for and obtain | 519 |
an order adjudging the person or entity in contempt of court. | 520 |
(5) A specific list of any benefits or advantages that the | 537 |
victim, the claimant, or a dependent has received or is entitled | 538 |
to receive from any collateral source for economic loss that | 539 |
resulted from the conduct and whether a collateral source would | 540 |
have reimbursed the claimant for a particular expense if a timely | 541 |
claim had been made, and the extent to which the expenses likely | 542 |
would have been reimbursed by the collateral source; | 543 |
(6) A description of any evidence in support of contributory | 544 |
misconduct by the claimant or by the victim through whom the | 545 |
claimant claims an award of reparations, whether the victim has | 546 |
been convicted of a felony or has a record of felony arrests under | 547 |
the laws of this state, another state, or the United States, | 548 |
whether disqualifying conditions exist under division (E) of | 549 |
section 2743.60 of the Revised Code, and whether there is evidence | 550 |
that the victim engaged in an ongoing course of criminal conduct | 551 |
within five years or less of the criminally injurious conduct that | 552 |
is the subject of the claim; | 553 |
(E) The attorney general shall make a written finding of fact | 575 |
and decision in accordance with sections 2743.51 to 2743.72 of the | 576 |
Revised Code within one hundred twenty days after receiving the | 577 |
claim application. The attorney general may extend the | 578 |
one-hundred-twenty-day time limit and shall record in writing | 579 |
specific reasons to justify the extension. The attorney general | 580 |
shall notify the claimant of the extension and of the reasons for | 581 |
the extension. The attorney general shall serve a copy of its | 582 |
written finding of fact and decision upon the claimant. | 583 |
(D) The attorney general, a panel of commissioners, or a | 623 |
judge of the court of claims shall reduce an award of reparations | 624 |
or deny a claim for an award of reparations that is otherwise | 625 |
payable to a claimant to the extent that the economic loss upon | 626 |
which the claim is based is recouped from other persons, including | 627 |
collateral sources. If an award is reduced or a claim is denied | 628 |
because of the expected recoupment of all or part of the economic | 629 |
loss of the claimant from a collateral source, the amount of the | 630 |
award or the denial of the claim shall be conditioned upon the | 631 |
claimant's economic loss being recouped by the collateral source. | 632 |
If the award or denial is conditioned upon the recoupment of the | 633 |
claimant's economic loss from a collateral source and it is | 634 |
determined that the claimant did not unreasonably fail to present | 635 |
a timely claim to the collateral source and will not receive all | 636 |
or part of the expected recoupment, the claim may be reopened and | 637 |
an award may be made in an amount equal to the amount of expected | 638 |
recoupment that it is determined the claimant will not receive | 639 |
from the collateral source. | 640 |
(c) It is proved by a preponderance of the evidence that the | 659 |
victim or the claimant engaged, within ten years prior to the | 660 |
criminally injurious conduct that gave rise to the claim or during | 661 |
the pendency of the claim, in an offense of violence, a violation | 662 |
of section 2925.03 of the Revised Code, or any substantially | 663 |
similar offense that also would constitute a felony under the laws | 664 |
of this state, another state, or the United States. | 665 |
(2) The attorney general, a panel of commissioners, or a | 677 |
judge of the court of claims may make an award to a minor | 678 |
dependent of a deceased victim for dependent's economic loss or | 679 |
for counseling pursuant to division (F)(2) of section 2743.51 of | 680 |
the Revised Code if the minor dependent is not ineligible under | 681 |
division (E)(1) of this section due to the minor dependent's | 682 |
criminal history and if the victim was not killed while engaging | 683 |
in illegal conduct that contributed to the criminally injurious | 684 |
conduct that gave rise to the claim. For purposes of this section, | 685 |
the use of illegal drugs by the deceased victim shall not be | 686 |
deemed to have contributed to the criminally injurious conduct | 687 |
that gave rise to the claim. | 688 |
(F) In determining whether to make an award of reparations | 689 |
pursuant to this section, the attorney general or panel of | 690 |
commissioners shall consider whether there was contributory | 691 |
misconduct by the victim or the claimant. The attorney general, a | 692 |
panel of commissioners, or a judge of the court of claims shall | 693 |
reduce an award of reparations or deny a claim for an award of | 694 |
reparations to the extent it is determined to be reasonable | 695 |
because of the contributory misconduct of the claimant or the | 696 |
victim. | 697 |
(G) The attorney general, a panel of commissioners, or a | 710 |
judge of the court of claims shall not make an award of | 711 |
reparations to a claimant if the criminally injurious conduct that | 712 |
caused the injury or death that is the subject of the claim | 713 |
occurred to a victim who was an adult and while the victim, after | 714 |
being convicted of or pleading guilty to an offense, was serving a | 715 |
sentence of imprisonment in any detention facility, as defined in | 716 |
section 2921.01 of the Revised Code. | 717 |
(H) If a claimant unreasonably fails to present a claim | 718 |
timely to a source of benefits or advantages that would have been | 719 |
a collateral source and that would have reimbursed the claimant | 720 |
for all or a portion of a particular expense, the attorney | 721 |
general, a panel of commissioners, or a judge of the court of | 722 |
claims may reduce an award of reparations or deny a claim for an | 723 |
award of reparations to the extent that it is reasonable to do so. | 724 |
(I) ReparationsExcept as provided in division (A)(2) of | 725 |
section 2743.59 of the Revised Code, reparations payable to a | 726 |
victim and to all other claimants sustaining economic loss because | 727 |
of injury to or the death of that victim shall not exceed fifty | 728 |
thousand dollars in the aggregate. If the attorney general, a | 729 |
panel of commissioners, or a judge of the court of claims reduces | 730 |
an award under division (F) of this section, the maximum aggregate | 731 |
amount of reparations payable under this division shall be reduced | 732 |
proportionately to the reduction under division (F) of this | 733 |
section. | 734 |
Sec. 2743.66. (A) AExcept as provided in division (F) of | 740 |
this section, a decision of the attorney general, order of a court | 741 |
of claims panel of commissioners, or judgment of a judge of the | 742 |
court of claims granting an award of reparations may provide for | 743 |
the payment of the award in a lump sum or in installments. The | 744 |
part of an award equal to the amount of economic loss accrued to | 745 |
the date of the award shall be paid in a lump sum. An award for | 746 |
allowable expense that would accrue after the award is made shall | 747 |
not be paid in a lump sum. Except as provided in division (B) of | 748 |
this section, the part of an award not paid in a lump sum shall be | 749 |
paid in installments. | 750 |
(E) If a person entitled to an award of reparations is under | 787 |
eighteen years of age and if the amount of the award exceeds one | 788 |
thousand dollars, the order providing for the payment of the award | 789 |
shall specify that the award be paid either to the guardian of the | 790 |
estate of the minor appointed pursuant to Chapter 2111. of the | 791 |
Revised Code or to the person or depository designated by the | 792 |
probate court under section 2111.05 of the Revised Code. If a | 793 |
person entitled to an award of reparations is under eighteen years | 794 |
of age and if the amount of the award is one thousand dollars or | 795 |
less, the order providing for the payment of the award may specify | 796 |
that the award be paid to an adult member of the family of the | 797 |
minor who is legally responsible for the minor's care or to any | 798 |
other person designated by the attorney general or panel of | 799 |
commissioners issuing the decision or order. | 800 |
Sec. 3344.07. There is hereby created within the Cleveland | 812 |
state university the survivors of abduction educational assistance | 813 |
program to provide academic services and instruction to any | 814 |
survivor of abduction as defined in section 2743.51 of the Revised | 815 |
Code. The board of trustees of the Cleveland state university | 816 |
shall administer the program. The board may delegate to officers | 817 |
and employees of the university any of the duties of the board | 818 |
required by this section. The board shall assist each survivor of | 819 |
abduction in the admissions process and, once enrolled, shall | 820 |
provide each survivor of abduction at least five academic years of | 821 |
instruction at the university at no cost to the survivor of | 822 |
abduction. If the survivor of abduction needs remedial instruction | 823 |
prior to enrollment, the board shall coordinate the instruction | 824 |
with a local community college and shall ensure that the remedial | 825 |
instruction is provided at no cost to the survivor of abduction. | 826 |
Section 4. This act is hereby declared to be an emergency | 831 |
measure necessary for the immediate preservation of the public | 832 |
peace, health, and safety. The reason for such necessity is to | 833 |
assist survivors of abduction, without delay, in their recovery | 834 |
and transition to freedom and to restore promptly their mental and | 835 |
physical health. Therefore, this act shall go into immediate | 836 |
effect. | 837 |