As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 261

Representatives Butler, Stinziano 

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A BILL

To amend sections 2701.03, 2701.031, 2743.03,

1

2743.04, 2743.09, 2743.121, 2743.20, 2743.52,

2

2743.53, 2743.531, 2743.55, 2743.60, 2743.601,

3

2743.61, 2743.62, 2743.63, 2743.64, 2743.65,

4

2743.66, 2743.67, 2743.68, 2743.69, and 2743.71,

5

to enact section 2743.041, and to repeal section

6

2743.54 of the Revised Code to abolish the office

7

of the Court of Claims commissioner, to transfer

8

the powers of a judge of the Court of Claims to

9

the court; to specify certain powers of a Court of

10

Claims magistrate, to modify the Attorney

11

General's annual report on the crime victims

12

compensation program, to conform existing law to

13

the existing filing period for filing a claim for

14

reparations by an adult, to eliminate the

15

procedure for filing an affidavit of

16

disqualification for a judge of a municipal or

17

county court and instead include the

18

disqualification of a judge of a municipal or

19

county court and a judge of the court of claims

20

within the procedure for filing an affidavit of

21

disqualification for a probate judge, a judge of a

22

court of appeals, and a judge of the court of

23

common pleas, and to change the basis of the per

24

diem compensation of a retired judge who serves on

25

the Court of Claims from the annual compensation

26

of a judge of a court of appeals to the annual

27

compensation of a judge of a court of common

28

pleas.

29

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

Section 1. That sections 2701.03, 2701.031, 2743.03, 2743.04,	30
2743.09, 2743.121, 2743.20, 2743.52, 2743.53, 2743.531, 2743.55,	31
2743.60, 2743.601, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65,	32
2743.66, 2743.67, 2743.68, 2743.69, and 2743.71 be amended and	33
section 2743.041 of the Revised Code be enacted to read as	34
follows:	35

Sec. 2701.03.  (A) If a judge of the court of common pleas	36
allegedly is interested in a proceeding pending before the court,	37
allegedly is related to or has a bias or prejudice for or against	38
a party to a proceeding pending before the court or a party's	39
counsel, or allegedly otherwise is disqualified to preside in a	40
proceeding pending before the court, any party to the proceeding	41
or the party's counsel may file an affidavit of disqualification	42
with the clerk of the supreme court in accordance with division	43
(B) of this section.	44

(B) An affidavit of disqualification filed under section	45
2101.39 or, 2501.13, 2701.031, or 2743.041 of the Revised Code or	46
division (A) of this section shall be filed with the clerk of the	47
supreme court not less than seven calendar days before the day on	48
which the next hearing in the proceeding is scheduled and shall	49
include all of the following:	50

(1) The specific allegations on which the claim of interest,	51
bias, prejudice, or disqualification is based and the facts to	52
support each of those allegations or, in relation to an affidavit	53
filed against a judge of a court of appeals, a specific allegation	54
that the judge presided in the lower court in the same proceeding	55
and the facts to support that allegation;	56

(2) The jurat of a notary public or another person authorized	57
to administer oaths or affirmations;	58

(3) A certificate indicating that a copy of the affidavit has	59
been served on the probate judge, judge of a court of appeals, or	60
judge of a court of common pleas, judge of a municipal or county	61
court, or judge of the court of claims against whom the affidavit	62
is filed and on all other parties or their counsel;	63

(4) The date of the next scheduled hearing in the proceeding	64
or, if there is no hearing scheduled, a statement that there is no	65
hearing scheduled.	66

(C)(1) Except as provided in division (C)(2) of this section,	67
when an affidavit of disqualification is presented to the clerk of	68
the supreme court for filing under division (B) of this section,	69
all of the following apply:	70

(a) The clerk of the supreme court shall accept the affidavit	71
for filing and shall forward the affidavit to the chief justice of	72
the supreme court.	73

(b) The supreme court shall send notice of the filing of the	74
affidavit to the probate court served by the judge if the	75
affidavit is filed against a probate court judge, to the clerk of	76
the court of appeals served by the judge if the affidavit is filed	77
against a judge of a court of appeals, or to the clerk of the	78
court of common pleas served by the judge if the affidavit is	79
filed against a judge of a court of common pleas, to the clerk of	80
the municipal or county court served by the judge if the affidavit	81
is filed against a judge of a municipal or county court, or to the	82
clerk of the court of claims if the affidavit is filed against a	83
judge of the court of claims.	84

(c) Upon receipt of the notice under division (C)(1)(b) of	85
this section, the probate court, the clerk of the court of	86
appeals, or the clerk of the court of common pleas, the clerk of	87
the municipal or county court, or the clerk of the court of claims	88
shall enter the fact of the filing of the affidavit on the docket	89
of the probate court, the docket of the court of appeals, or the	90
docket in the proceeding in the court of common pleas, the docket	91
of the proceeding in the municipal or county court, or the docket	92
of the proceeding in the court of claims.	93

(2) The clerk of the supreme court shall not accept an	94
affidavit of disqualification presented for filing under division	95
(B) of this section if it is not timely presented for filing or	96
does not satisfy the requirements of divisions (B)(2), (3), and	97
(4) of this section.	98

(D)(1) Except as provided in divisions (D)(2) to (4) of this	99
section, if the clerk of the supreme court accepts an affidavit of	100
disqualification for filing under divisions (B) and (C) of this	101
section, the affidavit deprives the judge against whom the	102
affidavit was filed of any authority to preside in the proceeding	103
until the chief justice of the supreme court, or a justice of the	104
supreme court designated by the chief justice, rules on the	105
affidavit pursuant to division (E) of this section.	106

(2) A judge against whom an affidavit of disqualification has	107
been filed under divisions (B) and (C) of this section may do any	108
of the following that is applicable:	109

(a) If, based on the scheduled hearing date, the affidavit	110
was not timely filed, the judge may preside in the proceeding.	111

(b) If the proceeding is a domestic relations proceeding, the	112
judge may issue any temporary order relating to spousal support	113
pendente lite and the support, maintenance, and allocation of	114
parental rights and responsibilities for the care of children.	115

(c) If the proceeding pertains to a complaint brought	116
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	117
may issue any temporary order pertaining to the relation and	118
conduct of any other person toward a child who is the subject of a	119
complaint as the interest and welfare of the child may require.	120

(3) A judge against whom an affidavit of disqualification has	121
been filed under divisions (B) and (C) of this section may	122
determine a matter that does not affect a substantive right of any	123
of the parties.	124

(4) If the clerk of the supreme court accepts an affidavit of	125
disqualification for filing under divisions (B) and (C) of this	126
section, if the chief justice of the supreme court, or a justice	127
of the supreme court designated by the chief justice, denies the	128
affidavit of disqualification pursuant to division (E) of this	129
section, and if, after the denial, a second or subsequent	130
affidavit of disqualification regarding the same judge and the	131
same proceeding is filed by the same party who filed or on whose	132
behalf was filed the affidavit that was denied or by counsel for	133
the same party who filed or on whose behalf was filed the	134
affidavit that was denied, the judge against whom the second or	135
subsequent affidavit is filed may preside in the proceeding prior	136
to the ruling of the chief justice of the supreme court, or a	137
justice designated by the chief justice, on the second or	138
subsequent affidavit.	139

(E) If the clerk of the supreme court accepts an affidavit of	140
disqualification for filing under divisions (B) and (C) of this	141
section and if the chief justice of the supreme court, or any	142
justice of the supreme court designated by the chief justice,	143
determines that the interest, bias, prejudice, or disqualification	144
alleged in the affidavit does not exist, the chief justice or the	145
designated justice shall issue an entry denying the affidavit of	146
disqualification. If the chief justice of the supreme court, or	147
any justice of the supreme court designated by the chief justice,	148
determines that the interest, bias, prejudice, or disqualification	149
alleged in the affidavit exists, the chief justice or the	150
designated justice shall issue an entry that disqualifies that	151
judge from presiding in the proceeding and either order that the	152
proceeding be assigned to another judge of the court of which the	153
disqualified judge is a member, to a judge of another court, or to	154
a retired judge.	155

Sec. 2701.031. (A) If a judge of a municipal or county court	156
allegedly is interested in a proceeding pending before the judge,	157
allegedly is related to or has a bias or prejudice for or against	158
a party to a proceeding pending before the judge or to a party's	159
counsel, or allegedly otherwise is disqualified to preside in a	160
proceeding pending before the judge, any party to the proceeding	161
or the party's counsel may file an affidavit of disqualification	162
with the clerk of the supreme court in which the proceeding is	163
pending. The affidavit of disqualification shall be filed and	164
decided in accordance with divisions (B) to (E) of section 2701.03	165
of the Revised Code, and, upon the filing of the affidavit, the	166
provisions of those divisions apply to the affidavit, the	167
proceeding, the judge, and the parties to the proceeding.	168

(B) An affidavit of disqualification shall be filed under	169
this section with the clerk of the court in which the proceeding	170
is pending not less than seven calendar days before the day on	171
which the next hearing in the proceeding is scheduled and shall	172
include all of the following:	173

(1) The specific allegations on which the claim of interest,	174
bias, prejudice, or disqualification is based and the facts to	175
support each of those allegations;	176

(2) The jurat of a notary public or another person authorized	177
to administer oaths or affirmations;	178

(3) A certificate indicating that a copy of the affidavit has	179
been served on the judge of the municipal or county court against	180
whom the affidavit is filed and on all other parties or their	181
counsel;	182

(4) The date of the next scheduled hearing in the proceeding	183
or, if there is no hearing scheduled, a statement that there is no	184
hearing scheduled.	185

(C)(1) Except as provided in division (C)(2) of this section,	186
when an affidavit of disqualification is presented to the clerk of	187
a municipal or county court for filing under division (B) of this	188
section, the clerk shall enter the fact of the filing on the	189
docket in that proceeding and shall provide notice of the filing	190
of the affidavit to one of the following:	191

(a) The presiding judge of the court of common pleas of the	192
county;	193

(b) If there is no presiding judge of the court of common	194
pleas of the county, a judge of the court of common pleas of the	195
county.	196

(2) The clerk of the municipal or county court in which a	197
proceeding is pending shall not accept an affidavit of	198
disqualification presented for filing under division (B) of this	199
section if it is not timely presented for filing or does not	200
satisfy the requirements of divisions (B)(2), (3), and (4) of this	201
section.	202

(D)(1) Except as provided in divisions (D)(2) to (4) of this	203
section, if the clerk of the municipal or county court in which a	204
proceeding is pending accepts an affidavit of disqualification for	205
filing under divisions (B) and (C) of this section, the affidavit	206
deprives the judge of a municipal or county court against whom the	207
affidavit was filed of any authority to preside in the proceeding	208
until the judge who was notified pursuant to division (C)(1) of	209
this section rules on the affidavit pursuant to division (E) of	210
this section.	211

(2) A judge of a municipal or county court against whom an	212
affidavit of disqualification has been filed under divisions (B)	213
and (C) of this section may preside in the proceeding if, based on	214
the scheduled hearing date, the affidavit was not timely filed.	215

(3) A judge of a municipal or county court against whom an	216
affidavit of disqualification has been filed under divisions (B)	217
and (C) of this section may determine a matter that does not	218
affect a substantive right of any of the parties.	219

(4) If the clerk of a municipal or county court accepts an	220
affidavit of disqualification for filing under divisions (B) and	221
(C) of this section, if the judge who is notified pursuant to	222
division (C)(1) of this section of the filing of the affidavit of	223
disqualification denies the affidavit pursuant to division (E) of	224
this section, and if, after the denial, a second or subsequent	225
affidavit of disqualification regarding the same judge and the	226
same proceeding is filed by the same party who filed or on whose	227
behalf was filed the affidavit that was denied or by counsel for	228
the same party who filed or on whose behalf was filed the	229
affidavit that was denied, the judge of a municipal or county	230
court against whom the second or subsequent affidavit is filed may	231
preside in the proceeding prior to the ruling, by the judge who is	232
notified pursuant to division (C)(1) of this section, on the	233
second or subsequent affidavit pursuant to division (E) of this	234
section.	235

(E) If the clerk of a municipal or county court accepts an	236
affidavit of disqualification for filing under divisions (B) and	237
(C) of this section and if the judge who is notified pursuant to	238
division (C)(1) of this section of the filing of the affidavit	239
determines that the interest, bias, prejudice, or disqualification	240
alleged in the affidavit does not exist, the judge who is so	241
notified shall issue an entry denying the affidavit of	242
disqualification. If the judge who is notified pursuant to	243
division (C)(1) of this section of the filing of the affidavit	244
determines that the interest, bias, prejudice, or disqualification	245
alleged in the affidavit exists, the judge who is so notified	246
shall issue an entry that disqualifies the judge against whom the	247
affidavit was filed from presiding in the proceeding and designate	248
another judge of the municipal or county court, or of the court of	249
common pleas, to preside in the proceeding in place of the	250
disqualified judge.	251

Sec. 2743.03.  (A)(1) There is hereby created a court of	252
claims. The court of claims is a court of record and has	253
exclusive, original jurisdiction of all civil actions against the	254
state permitted by the waiver of immunity contained in section	255
2743.02 of the Revised Code,and exclusive jurisdiction of the	256
causes of action of all parties in civil actions that are removed	257
to the court of claims, and jurisdiction to hear appeals from the	258
decisions of the court of claims commissioners. The court shall	259
have full equity powers in all actions within its jurisdiction and	260
may entertain and determine all counterclaims, cross-claims, and	261
third-party claims.	262

(2) If the claimant in a civil action as described in	263
division (A)(1) of this section also files a claim for a	264
declaratory judgment, injunctive relief, or other equitable relief	265
against the state that arises out of the same circumstances that	266
gave rise to the civil action described in division (A)(1) of this	267
section, the court of claims has exclusive, original jurisdiction	268
to hear and determine that claim in that civil action. This	269
division does not affect, and shall not be construed as affecting,	270
the original jurisdiction of another court of this state to hear	271
and determine a civil action in which the sole relief that the	272
claimant seeks against the state is a declaratory judgment,	273
injunctive relief, or other equitable relief.	274

(3) In addition to its exclusive, original jurisdiction as	275
conferred by division (A)(1) and (2) of this section, the court of	276
claims has exclusive, original jurisdiction as described in	277
division (F) of section 2743.02, division (B) of section 3335.03,	278
and division (C) of section 5903.02 of the Revised Code.	279

(B) The court of claims shall sit in Franklin county, its	280
hearings shall be public, and it shall consist of incumbent	281
justices or judges of the supreme court, courts of appeals, or	282
courts of common pleas, or retired justices or judges eligible for	283
active duty pursuant to division (C) of Section 6 of Article IV,	284
Ohio Constitution, sitting by temporary assignment of the chief	285
justice of the supreme court. The chief justice may direct the	286
court to sit in any county for cases on removal upon a showing of	287
substantial hardship and whenever justice dictates.	288

(C)(1) A civil action against the state shall be heard and	289
determined by a single judge. Upon application by the claimant or	290
the state, the chief justice of the supreme court may assign a	291
panel of three judges to hear and determine a civil action	292
presenting novel or complex issues of law or fact. Concurrence of	293
two members of the panel is necessary for any judgment or order.	294

(2) Whenever the chief justice of the supreme court believes	295
an equitable resolution of a case will be expedited, the chief	296
justice may appoint refereesmagistrates in accordance with Civil	297
Rule 53 to hear the case.	298

(3) When any dispute under division (B) of section 153.12 of	299
the Revised Code is brought to the court of claims, upon request	300
of either party to the dispute, the chief justice of the supreme	301
court shall appoint a single referee or a panel of three referees.	302
The referees need not be attorneys, but shall be persons	303
knowledgeable about construction contract law, a member of the	304
construction industry panel of the American arbitration	305
association, or an individual or individuals deemed qualified by	306
the chief justice to serve. No person shall serve as a referee if	307
that person has been employed by an affected state agency or a	308
contractor or subcontractor involved in the dispute at any time in	309
the preceding five years. Proceedings governing referees shall be	310
in accordance with Civil Rule 53, except as modified by this	311
division. The referee or panel of referees shall submit its	312
report, which shall include a recommendation and finding of fact,	313
to the judge assigned to the case by the chief justice, within	314
thirty days of the conclusion of the hearings. Referees appointed	315
pursuant to this division shall be compensated on a per diem basis	316
at the same rate as is paid to judges of the court and also shall	317
be paid their expenses. If a single referee is appointed or a	318
panel of three referees is appointed, then, with respect to one	319
referee of the panel, the compensation and expenses of the referee	320
shall not be taxed as part of the costs in the case but shall be	321
included in the budget of the court. If a panel of three referees	322
is appointed, the compensation and expenses of the two remaining	323
referees shall be taxed as costs of the case.	324

All costs of a case shall be apportioned among the parties.	325
The court may not require that any party deposit with the court	326
cash, bonds, or other security in excess of two hundred dollars to	327
guarantee payment of costs without the prior approval in each case	328
of the chief justice.	329

(4) An appeal from a decision of the court of claims	330
commissionersattorney general pursuant to sections 2743.51 to	331
2743.72 of the Revised Code shall be heard and determined by one	332
judge of the court of claims.	333

(D) The Rules of Civil Procedure shall govern practice and	334
procedure in all actions in the court of claims, except insofar as	335
inconsistent with this chapter. The supreme court may promulgate	336
rules governing practice and procedure in actions in the court as	337
provided in Section 5 of Article IV, Ohio Constitution.	338

(E)(1) A party who files a counterclaim against the state or	339
makes the state a third-party defendant in an action commenced in	340
any court, other than the court of claims, shall file a petition	341
for removal in the court of claims. The petition shall state the	342
basis for removal, be accompanied by a copy of all process,	343
pleadings, and other papers served upon the petitioner, and shall	344
be signed in accordance with Civil Rule 11. A petition for removal	345
based on a counterclaim shall be filed within twenty-eight days	346
after service of the counterclaim of the petitioner. A petition	347
for removal based on third-party practice shall be filed within	348
twenty-eight days after the filing of the third-party complaint of	349
the petitioner.	350

(2) Within seven days after filing a petition for removal,	351
the petitioner shall give written notice to the parties, and shall	352
file a copy of the petition with the clerk of the court in which	353
the action was brought originally. The filing effects the removal	354
of the action to the court of claims, and the clerk of the court	355
where the action was brought shall forward all papers in the case	356
to the court of claims. The court of claims shall adjudicate all	357
civil actions removed. The court may remand a civil action to the	358
court in which it originated upon a finding that the removal	359
petition does not justify removal, or upon a finding that the	360
state is no longer a party.	361

(3) Bonds, undertakings, or security and injunctions,	362
attachments, sequestrations, or other orders issued prior to	363
removal remain in effect until dissolved or modified by the court	364
of claims.	365

Sec. 2743.04.  (A) Judges of the court of claims who are not	366
residents of Franklin county, or when the court sits outside	367
Franklin county the judges who are residents of Franklin county,	368
shall be compensated for their actual and necessary expenses of	369
traveling to and from the place of holding the court.	370

(B) A retired judge shall, in addition to histhe judge's	371
retirement allowance, receive per diem compensation for service as	372
a member of the court of claims at a rate computed on the annual	373
compensation of a judge of a court of appealscommon pleas. An	374
incumbent judge shall receive additional per diem compensation	375
equal to that allowed retired judges under this section less a per	376
diem amount computed on histhe incumbent judge's annual	377
compensation.	378

Sec. 2743.041.  If a judge of the court of claims allegedly	379
is interested in a proceeding pending before the judge, allegedly	380
is related to or has a bias or prejudice for or against a party to	381
a proceeding pending before the judge or to a party's counsel, or	382
allegedly otherwise is disqualified to preside in a proceeding	383
pending before the judge, any party to the proceeding or the	384
party's counsel may file an affidavit of disqualification with the	385
clerk of the supreme court. The affidavit of disqualification	386
shall be filed and decided in accordance with divisions (B) to (E)	387
of section 2701.03 of the Revised Code, and, upon the filing of	388
the affidavit, the provisions of those divisions apply to the	389
affidavit, the proceeding, the judge, and the parties to the	390
proceeding.	391

Sec. 2743.09.  The clerk of the court of claims shall do all	392
of the following:	393

(A) Administer oaths and take and certify affidavits,	394
depositions, and acknowledgments of powers of attorney and other	395
instruments in writing;	396

(B) Prepare the dockets, enter and record the orders,	397
judgments, decisions, awards, and proceedings of the court of	398
claims and the court of claims commissioners, and issue writs and	399
process;	400

(C) Maintain an office in Franklin county in rooms provided	401
by the supreme court for that purpose;	402

(D) Keep an appearance docket of civil actions,and claims	403
for an award of reparations, and appeals from decisions of the	404
court of claims commissioners. The clerk may refuse to accept for	405
filing any pleading or paper that relates to a civil action in the	406
court of claims and that is submitted for filing by a person who	407
has been found to be a vexatious litigator under section 2323.52	408
of the Revised Code and who has failed to obtain leave to proceed	409
under that section.	410

Upon the commencement of an action or claim, the clerk shall	411
assign it a number. This number shall be placed on the first page,	412
and every continuation page, of the appearance docket that	413
concerns the particular action or claim. In addition, this number	414
and the names of the parties shall be placed on the case file and	415
every paper filed in the action or claim.	416

At the time the action is commenced the clerk shall enter in	417
the appearance docket the names of the parties in full and the	418
names of counsel and shall index the action alphabetically by the	419
last name of each party. Thereafter, the clerk shall	420
chronologically note in the appearance docket all process issued	421
and returns, pleas, motions, papers filed in the action, orders,	422
verdicts, and judgments. The notations shall be brief but shall	423
show the date of filing, substance, and journal volume and page of	424
each order, verdict, and judgment. An action is commenced for	425
purposes of this division by the filing of a complaint, including	426
a form complaint under section 2743.10 of the Revised Code or a	427
petition for removal.	428

At the time an appeal for an award of reparations is	429
commenced, the clerk shall enter the full names of the claimant,	430
the victim, and the attorneys in the appearance docket and shall	431
index the claim alphabetically by the last name of the claimant	432
and the victim. Thereafter, the clerk shall chronologically note	433
in the appearance docket all process issued and returns, motions,	434
papers filed in the claim, orders, decisions, and awards. The	435
notations shall be brief but shall show the date of filing,	436
substance, and journal volume and page of each order.	437

(E) Keep all original papers filed in an action or claim in a	438
separate file folder and a journal in which all orders, verdicts,	439
and judgments of the court and commissioners shall be recorded;	440

(F) Charge and collect fees pursuant to section 2303.20 of	441
the Revised Code, keep a cashbook in which the clerk shall enter	442
the amounts received, make a report to the clerk of the supreme	443
court each quarter of the fees received during the preceding	444
quarter, and pay them monthly into the state treasury;	445

(G) Appoint reporters and other clerical personnel;

446

(H) Under the direction of the chief justice, establish	447
procedures for hearing and determining appeals for an award of	448
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	449
Code.	450

Sec. 2743.121. (A) A panel of court of claims commissioners	451
shall render its decisions as to claims for an award of	452
reparations in writing and shall include separate findings of fact	453
and any conclusions of law that are necessary. Orders as to claims	454
for an award of reparations shall be entered on the journal, and	455
the clerk shall certify on the order the date of journalization	456
and shall send copies of the order and decision to the claimant,	457
the attorney general, and the prosecuting attorney of the county	458
in which the criminally injurious conduct occurred.	459

(B) A judge of theThe court of claims shall render the	460
judge'sits decisions as to appeals from decisions of a panel of	461
court of claims commissionersthe attorney general pursuant to	462
sections 2743.51 to 2743.72 of the Revised Code in writing and	463
shall include a separate finding for each issue contested upon	464
appeal. Orders as to appeals shall be entered on the journal, and	465
the clerk shall certify on the order the date of journalization	466
and shall send copies of the order and decision to the claimant,	467
the attorney general, and the prosecuting attorney of the county	468
in which the criminally injurious conduct occurred.	469

Sec. 2743.20.  Appeals from orders and judgments of the court	470
of claims lie to the same courts under the same circumstances, as	471
appeals from the court of common pleas of Franklin county, and the	472
same rules of law govern their determination. The decision of the	473
court of claims with respect to an appeal from a decision of the	474
court of claims commissionersthe attorney general pursuant to	475
sections 2743.51 to 2743.72 of the Revised Code is final, and no	476
appeal from the decision of the court of claims lies to any other	477
court.	478

Sec. 2743.52.  (A) The attorney general shall make awards of	479
reparations for economic loss arising from criminally injurious	480
conduct, if satisfied by a preponderance of the evidence that the	481
requirements for an award of reparations have been met.	482

(B) AThe court of claims panel of commissioners or a judge	483
of the court of claims has appellate jurisdiction to order awards	484
of reparations for economic loss arising from criminally injurious	485
conduct, if satisfied by a preponderance of the evidence that the	486
requirements for an award of reparations have been met.	487

(C) A decision of the attorney general, an order of a court	488
of claims panel of commissioners, or the judgment of a judge of	489
the court of claims concerning an OVI violation shall not be used	490
as the basis for any civil or criminal action and shall not be	491
admissible as evidence in any civil or criminal proceeding.	492

Sec. 2743.53. (A) AThe court of claims panel of	493
commissioners shall hear and determine all matters relating to	494
appeals from decisions of the attorney general pursuant to	495
sections 2743.51 to 2743.72 of the Revised Code.	496

(B) A judge of the court of claims shall hear and determine	497
all matters relating to appeals from decisions or orders of a	498
panel of commissioners of the court of claims.	499

Sec. 2743.531.  The court of claims victims of crime fund is	500
hereby created in the state treasury. The fund shall be used to	501
pay the compensation of the court of claims commissioners, the	502
compensation of judges of the court of claims necessary to hear	503
and determine appeals from the commissioners, the compensation of	504
any court of claims personnel needed to administer sections	505
2743.51 to 2743.72 of the Revised Code, and other administrative	506
expenses of hearing and determining appeals by court of claims	507
commissioners and judgesunder sections 2743.51 to 2743.72 of the	508
Revised Code.	509

At the beginning of each fiscal year, the director of budget	510
and management shall transfer cash from the reparations fund to	511
the court of claims victims of crime fund in an amount sufficient	512
to make the cash balance in the court of claims victims of crime	513
fund equal to the sum of the appropriation for that fiscal year	514
and all prior fiscal year encumbrances. If the appropriation from	515
the court of claims victims of crime fund is increased during the	516
fiscal year, the director shall transfer cash from the reparations	517
fund to the court of claims victims of crime fund in an amount	518
equal to the increase in the appropriation.	519

Sec. 2743.55. (A) The attorney general, a court of claims	520
panel of commissioners, or a judge of the court of claims shall	521
determine all matters relating to claims for an award of	522
reparations. The attorney general, a court of claims panel of	523
commissioners, or a judge of the court of claims may order law	524
enforcement officers to provide copies of any information or data	525
gathered in the investigation of the criminally injurious conduct	526
that is the basis of any claim to enable the attorney general, a	527
court of claims panel of commissioners, or a judge of the court of	528
claims to determine whether, and the extent to which, a claimant	529
qualifies for an award of reparations.	530

(B) A court of claims panel of commissioners shall sit in	531
Franklin county.	532

Sec. 2743.60.  (A) The attorney general, a court of claims	533
panel of commissioners, or a judge of the court of claims shall	534
not make or order an award of reparations to a claimant if the	535
criminally injurious conduct upon which the claimant bases a claim	536
never was reported to a law enforcement officer or agency.	537

(B)(1) The attorney general, a panel of commissioners, or a	538
judge of the court of claims shall not make or order an award of	539
reparations to a claimant if any of the following apply:	540

(a) The claimant is the offender or an accomplice of the	541
offender who committed the criminally injurious conduct, or the	542
award would unjustly benefit the offender or accomplice.	543

(b) Except as provided in division (B)(2) of this section,	544
both of the following apply:	545

(i) The victim was a passenger in a motor vehicle and knew or	546
reasonably should have known that the driver was under the	547
influence of alcohol, a drug of abuse, or both.	548

(ii) The claimant is seeking compensation for injuries	549
proximately caused by the driver described in division	550
(B)(1)(b)(i) of this section being under the influence of alcohol,	551
a drug of abuse, or both.	552

(c) Both of the following apply:

553

(i) The victim was under the influence of alcohol, a drug of	554
abuse, or both and was a passenger in a motor vehicle and, if	555
sober, should have reasonably known that the driver was under the	556
influence of alcohol, a drug of abuse, or both.	557

(ii) The claimant is seeking compensation for injuries	558
proximately caused by the driver described in division	559
(B)(1)(b)(i) of this section being under the influence of alcohol,	560
a drug of abuse, or both.	561

(2) Division (B)(1)(b) of this section does not apply if on	562
the date of the occurrence of the criminally injurious conduct,	563
the victim was under sixteen years of age or was at least sixteen	564
years of age but less than eighteen years of age and was riding	565
with a parent, guardian, or care-provider.	566

(C) The attorney general, a panel of commissioners, or a	567
judge of the court of claims, upon a finding that the claimant or	568
victim has not fully cooperated with appropriate law enforcement	569
agencies, may deny a claim or reconsider and reduce an award of	570
reparations.	571

(D) The attorney general, a panel of commissioners, or a	572
judge of the court of claims shall reduce an award of reparations	573
or deny a claim for an award of reparations that is otherwise	574
payable to a claimant to the extent that the economic loss upon	575
which the claim is based is recouped from other persons, including	576
collateral sources. If an award is reduced or a claim is denied	577
because of the expected recoupment of all or part of the economic	578
loss of the claimant from a collateral source, the amount of the	579
award or the denial of the claim shall be conditioned upon the	580
claimant's economic loss being recouped by the collateral source.	581
If the award or denial is conditioned upon the recoupment of the	582
claimant's economic loss from a collateral source and it is	583
determined that the claimant did not unreasonably fail to present	584
a timely claim to the collateral source and will not receive all	585
or part of the expected recoupment, the claim may be reopened and	586
an award may be made in an amount equal to the amount of expected	587
recoupment that it is determined the claimant will not receive	588
from the collateral source.	589

If the claimant recoups all or part of the economic loss upon	590
which the claim is based from any other person or entity,	591
including a collateral source, the attorney general may recover	592
pursuant to section 2743.72 of the Revised Code the part of the	593
award that represents the economic loss for which the claimant	594
received the recoupment from the other person or entity.	595

(E)(1) Except as otherwise provided in division (E)(2) of	596
this section, the attorney general, a panel of commissioners, or a	597
judge of the court of claims shall not make an award to a claimant	598
if any of the following applies:	599

(a) The victim was convicted of a felony within ten years	600
prior to the criminally injurious conduct that gave rise to the	601
claim or is convicted of a felony during the pendency of the	602
claim.	603

(b) The claimant was convicted of a felony within ten years	604
prior to the criminally injurious conduct that gave rise to the	605
claim or is convicted of a felony during the pendency of the	606
claim.	607

(c) It is proved by a preponderance of the evidence that the	608
victim or the claimant engaged, within ten years prior to the	609
criminally injurious conduct that gave rise to the claim or during	610
the pendency of the claim, in an offense of violence, a violation	611
of section 2925.03 of the Revised Code, or any substantially	612
similar offense that also would constitute a felony under the laws	613
of this state, another state, or the United States.	614

(d) The claimant was convicted of a violation of section	615
2919.22 or 2919.25 of the Revised Code, or of any state law or	616
municipal ordinance substantially similar to either section,	617
within ten years prior to the criminally injurious conduct that	618
gave rise to the claim or during the pendency of the claim.	619

(e) It is proved by a preponderance of the evidence that the	620
victim at the time of the criminally injurious conduct that gave	621
rise to the claim engaged in conduct that was a felony violation	622
of section 2925.11 of the Revised Code or engaged in any	623
substantially similar conduct that would constitute a felony under	624
the laws of this state, another state, or the United States.	625

(2) The attorney general, a panel of commissioners, or a	626
judge of the court of claims may make an award to a minor	627
dependent of a deceased victim for dependent's economic loss or	628
for counseling pursuant to division (F)(2) of section 2743.51 of	629
the Revised Code if the minor dependent is not ineligible under	630
division (E)(1) of this section due to the minor dependent's	631
criminal history and if the victim was not killed while engaging	632
in illegal conduct that contributed to the criminally injurious	633
conduct that gave rise to the claim. For purposes of this section,	634
the use of illegal drugs by the deceased victim shall not be	635
deemed to have contributed to the criminally injurious conduct	636
that gave rise to the claim.	637

(F) In determining whether to make an award of reparations	638
pursuant to this section, the attorney general or panel of	639
commissionersthe court of claims shall consider whether there was	640
contributory misconduct by the victim or the claimant. The	641
attorney general, a panel of commissioners, or a judge of the	642
court of claims shall reduce an award of reparations or deny a	643
claim for an award of reparations to the extent it is determined	644
to be reasonable because of the contributory misconduct of the	645
claimant or the victim.	646

When the attorney general decides whether a claim should be	647
denied because of an allegation of contributory misconduct, the	648
burden of proof on the issue of that alleged contributory	649
misconduct shall be upon the claimant, if either of the following	650
apply:	651

(1) The victim was convicted of a felony more than ten years	652
prior to the criminally injurious conduct that is the subject of	653
the claim or has a record of felony arrests under the laws of this	654
state, another state, or the United States.	655

(2) There is good cause to believe that the victim engaged in	656
an ongoing course of criminal conduct within five years or less of	657
the criminally injurious conduct that is the subject of the claim.	658

(G) The attorney general, a panel of commissioners, or a	659
judge of the court of claims shall not make an award of	660
reparations to a claimant if the criminally injurious conduct that	661
caused the injury or death that is the subject of the claim	662
occurred to a victim who was an adult and while the victim, after	663
being convicted of or pleading guilty to an offense, was serving a	664
sentence of imprisonment in any detention facility, as defined in	665
section 2921.01 of the Revised Code.	666

(H) If a claimant unreasonably fails to present a claim	667
timely to a source of benefits or advantages that would have been	668
a collateral source and that would have reimbursed the claimant	669
for all or a portion of a particular expense, the attorney	670
general, a panel of commissioners, or a judge of the court of	671
claims may reduce an award of reparations or deny a claim for an	672
award of reparations to the extent that it is reasonable to do so.	673

(I) Reparations payable to a victim and to all other	674
claimants sustaining economic loss because of injury to or the	675
death of that victim shall not exceed fifty thousand dollars in	676
the aggregate. If the attorney general, a panel of commissioners,	677
or a judge of the court of claims reduces an award under division	678
(F) of this section, the maximum aggregate amount of reparations	679
payable under this division shall be reduced proportionately to	680
the reduction under division (F) of this section.	681

(J) Nothing in this section shall be construed to prohibit an	682
award to a claimant whose claim is based on the claimant's being a	683
victim of a violation of section 2905.32 of the Revised Code if	684
the claimant was less than eighteen years of age when the	685
criminally injurious conduct occurred.	686

Sec. 2743.601. Except as otherwise provided in this section,	687
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	688
of the Revised Code made by the act in which this section was	689
enacted apply to all applications for an award of reparations	690
filed on or after the effective date of this sectionSeptember 30,	691
2011, and to all applications for an award of reparations filed	692
before the effective date of this sectionSeptember 30, 2011, for	693
which an award or denial of the claim by the attorney general, a	694
panel of commissioners, or the court of claims has not yet become	695
final. The amendments to section 2743.60 of the Revised Code made	696
by the act in which this section was enacted, to the extent that	697
they eliminate the statute of limitations and to the extent that	698
they remove the seventy-two hour reporting requirement, and the	699
amendments to section 2743.51 of the Revised Code concerning	700
guardian bonds shall apply to all claims for an award of	701
reparations pending on the effective date of this section	702
September 30, 2011, and to all claims for an award of reparations	703
filed on or after the effective date of this sectionSeptember 30,	704
2011, that are based on criminally injurious conduct not	705
previously addressed by the attorney general, by a panel of	706
commissioners, or by the court of claims.	707

Sec. 2743.61.  (A) The attorney general, on the attorney	708
general's own motion or upon request of a claimant or victim, may	709
reconsider a decision to make an award of reparations, the amount	710
of an award of reparations, or a decision to deny a claim for an	711
award of reparations. A claimant may file a request for	712
reconsideration with the attorney general not later than thirty	713
days after the attorney general renders an initial decision. A	714
claimant may submit with the request any additional information	715
that is relevant to the claimant's claim for an award of	716
reparation.	717

The attorney general shall reconsider the application based	718
upon evidence that is relevant to the application and issue a	719
final decision within sixty days of receiving the request for	720
reconsideration. The attorney general may extend the sixty-day	721
time limit and shall record in writing specific reasons to justify	722
the extension. The attorney general shall notify the claimant of	723
the extension and of the reasons for the extension.	724

If a claimant does not file a request for reconsideration of	725
a decision of the attorney general to make an award or to deny a	726
claim or of the amount of an award within thirty days after the	727
decision is rendered, the award, the denial of the claim, or the	728
amount of the award is final unless the attorney general in the	729
interest of justice allows the reconsideration after the	730
expiration of that period of time.	731

(B) A claimant may appeal an award of reparations, the amount	732
of an award of reparations, or the denial of a claim for an award	733
of reparations that is made by a final decision of the attorney	734
general after any reconsideration. If the final decision of the	735
attorney general with respect to any claim for an award of	736
reparations is appealed, athe court of claims panel of	737
commissioners, within ninety days of receiving the notice of	738
appeal, shall schedule and conduct a hearing on the appeal. The	739
panel of commissionerscourt shall determine the appeal within	740
sixty days from the date of the hearing on the basis of the record	741
of the hearing before the commissionerscourt, including the	742
original award or denial and the finding of fact of the attorney	743
general, any information or documents that the attorney general	744
used in the investigation, any information or data provided to the	745
attorney general, any briefs or oral arguments that may be	746
requested by athe court of claims panel of commissioners, and any	747
additional evidence presented at the hearing. The panel of	748
commissionerscourt may extend the sixty-day time limit and shall	749
record in writing specific reasons to justify the extension. The	750
attorney general shall supply the panel of commissionerscourt	751
with the original decision awarding or denying compensation, the	752
finding of fact of the attorney general, any information or	753
documents that the attorney general used in the investigation, and	754
any information or data provided to the attorney general within	755
fourteen days of the filing of the objection and notice of appeal	756
by the applicant. The panel of commissionerscourt shall notify	757
the claimant and attorney general of the extension and of the	758
reasons for the extension. If upon hearing and consideration of	759
the record and evidence, the court of claims panel of	760
commissioners decides that the decision of the attorney general	761
appealed from is reasonable and lawful, it shall affirm the same.	762
If the court of claims panel of commissioners decides that the	763
decision of the attorney general is not supported by a	764
preponderance of the evidence or is unreasonable or unlawful, it	765
the court shall reverse and vacate the decision or modify it and	766
enter judgment thereon. The	767

(C) The attorney general or a claimant may appeal an award of	768
reparations, the amount of an award of reparations, or the denial	769
of a claim for an award of reparations that is made by a panel of	770
court of claims commissioners. If the determination of the panel	771
of commissioners with respect to any claim for an award of	772
reparations is appealed, a judge of the court of claims shall hear	773
and determine the appeal on the basis of the record of the hearing	774
before the commissioners, including the original award or denial	775
made by the attorney general, any information or documents	776
presented to the panel of commissioners, and any briefs or oral	777
arguments that may be requested by the judge. If upon hearing and	778
consideration of the record and evidence, the judge decides that	779
the decision of the panel of commissioners is unreasonable or	780
unlawful, the judge shall reverse and vacate the decision or	781
modify it and enter judgment on the claim. The decision of the	782
judge of the court of claims is final.	783

(D)(C) Notices of an appeal concerning an award of	784
reparations shall be filed within thirty days after the date on	785
which the award or the denial of a claim is made by a final	786
decision of the attorney general. If a notice of appeal is not	787
filed within the thirty-day period, the award or denial of the	788
claim is final unless athe court of claims panel of commissioners	789
in the interests of justice allows the appeal.	790

(E) The attorney general or a claimant shall file a notice of	791
an appeal concerning an order or decision of a panel of	792
commissioners within thirty days after the date on which the award	793
or the denial of a claim is made by the panel of commissioners. If	794
the attorney general or a claimant does not file a notice of	795
appeal with respect to an award or denial within the thirty-day	796
period, the award or denial of the claim is final unless a judge	797
of the court of claims in the interests of justice allows the	798
appeal.	799

Sec. 2743.62.  (A)(1) Subject to division (A)(2) of this	800
section, there is no privilege, except the privileges arising from	801
the attorney-client relationship, as to communications or records	802
that are relevant to the physical, mental, or emotional condition	803
of the claimant or victim in a proceeding under sections 2743.51	804
to 2743.72 of the Revised Code in which that condition is an	805
element.	806

(2)(a) Except as specified in division (A)(2)(b) of this	807
section, any record or report that a judge of the court of claims,	808
a court of claims panel of commissioners, or the attorney general	809
has obtained prior to, or obtains on or after, June 30, 1998,	810
under the provisions of sections 2743.51 to 2743.72 of the Revised	811
Code and that is confidential or otherwise exempt from public	812
disclosure under section 149.43 of the Revised Code while in the	813
possession of the creator of the record or report shall remain	814
confidential or exempt from public disclosure under section 149.43	815
of the Revised Code while in the possession of the court of claims	816
or the attorney general.	817

(b) Notwithstanding division (A)(2)(a) of this section, a	818
judge of the court of claims, a panel of commissionersmagistrate,	819
a claimant, a claimant's attorney, or the attorney general may	820
disclose or refer to records or reports described in that division	821
in any hearing conducted under sections 2743.51 to 2743.72 of the	822
Revised Code or in the judge's, panel of commissioners'	823
magistrate's, claimant's, or attorney general's written pleadings,	824
findings, recommendations, and decisions.	825

(B) If the mental, physical, or emotional condition of a	826
victim or claimant is material to a claim for an award of	827
reparations, the attorney general, a panel of commissioners, or a	828
judge of the court of claims may order the victim or claimant to	829
submit to a mental or physical examination and may order an	830
autopsy of a deceased victim. The order may be made for good cause	831
shown and upon notice to the person to be examined and to the	832
claimant. The order shall specify the time, place, manner,	833
conditions, and scope of the examination or autopsy and the person	834
by whom it is to be made. In the case of a mental examination, the	835
person specified may be a physician or psychologist. In the case	836
of a physical examination, the person specified may be a	837
physician, a physician assistant, a clinical nurse specialist, a	838
certified nurse practitioner, or a certified nurse-midwife. In the	839
case of an autopsy, the person specified must be a physician. The	840
order shall require the person who performs the examination or	841
autopsy to file with the attorney general a detailed written	842
report of the examination or autopsy. The report shall set out the	843
findings, including the results of all tests made, diagnoses,	844
prognoses, and other conclusions and reports of earlier	845
examinations of the same conditions.	846

(C) On request of the person examined, the attorney general	847
shall furnish the person a copy of the report. If the victim is	848
deceased, the attorney general, on request, shall furnish the	849
claimant a copy of the report.	850

(D) The attorney general, a panel of commissioners, or a	851
judge of the court of claims may require the claimant to	852
supplement the application for an award of reparations with any	853
reasonably available medical or psychological reports relating to	854
the injury for which the award of reparations is claimed.	855

(E) The attorney general, a panel of commissioners, or a	856
judge of the court of claims, in a claim arising out of a	857
violation of any provision of sections 2907.02 to 2907.07 of the	858
Revised Code, shall not request the victim or the claimant to	859
supply, or permit any person to supply, any evidence of specific	860
instances of the victim's sexual activity, opinion evidence of the	861
victim's sexual activity, or reputation evidence of the victim's	862
sexual activity unless it involves evidence of the origin of	863
semen, pregnancy, or disease or evidence of the victim's past	864
sexual activity with the offender and only to the extent that the	865
judge, the panelcourt of commissioners,claims or the attorney	866
general finds that the evidence is relevant to a fact at issue in	867
the claim.	868

Sec. 2743.63.  If a person refuses to comply with an order	869
under sections 2743.51 to 2743.72 of the Revised Code, or asserts	870
a privilege, except privileges arising from the attorney-client	871
relationship, to withhold or suppress evidence relevant to a claim	872
for an award of reparations, the attorney general may make any	873
just decision including denial of the claim but shall not find the	874
person in contempt. If necessary to carry out any of the attorney	875
general's powers and duties, the attorney general may petition a	876
the court of claims panel of commissioners for an appropriate	877
order, including but not limited to a finding of contempt, but a	878
panel of commissionersthe court shall not find a person in	879
contempt for refusal to submit to a mental or physical	880
examination.	881

Sec. 2743.64.  The attorney general, a court of claims panel	882
of commissioners, or a judge of the court of claims may make an	883
award of reparations whether or not any person is prosecuted or	884
convicted for committing the conduct that is the basis of the	885
award. Proof of conviction of a person whose conduct gave rise to	886
a claim is conclusive evidence that the crime was committed,	887
unless an application for rehearing, an appeal of the conviction,	888
or certiorari is pending, or a rehearing or new trial has been	889
ordered.	890

If the prosecuting attorney of the county in which the	891
criminally injurious conduct allegedly occurred requests the	892
suspension of proceedings in any claim for an award of reparations	893
and if the request is made because of the commencement of a	894
criminal prosecution, the attorney general may suspend, because a	895
criminal prosecution has been commenced or is imminent, the	896
proceedings in any claim for an award of reparations for a	897
definite period of time, and may make an emergency award under	898
section 2743.67 of the Revised Code.	899

Sec. 2743.65.  (A) The attorney general shall determine, and	900
the state shall pay, in accordance with this section attorney's	901
fees, commensurate with services rendered, to the attorney	902
representing a claimant under sections 2743.51 to 2743.72 of the	903
Revised Code. The attorney shall submit on an application form an	904
itemized fee bill at the rate of sixty dollars per hour upon	905
receipt of the final decision on the claim. Attorney's fees paid	906
pursuant to this section are subject to the following maximum	907
amounts:	908

(1) A maximum of seven hundred twenty dollars for claims	909
resolved without the filing of an appeal to the panelcourt of	910
commissionersclaims;	911

(2) A maximum of one thousand twenty dollars for claims in	912
which an appeal to the panelcourt of commissionersclaims is	913
filed plus, at the request of an attorney whose main office is not	914
in Franklin county, Delaware county, Licking county, Fairfield	915
county, Pickaway county, Madison county, or Union county, an	916
amount for the attorney's travel time to attend the oral hearing	917
before the panelcourt of commissionersclaims at the rate of	918
thirty dollars per hour;	919

(3) A maximum of one thousand three hundred twenty dollars	920
for claims in which an appeal to a judge of the court of claims is	921
filed plus, at the request of an attorney whose main office is not	922
in Franklin county, Delaware county, Licking county, Fairfield	923
county, Pickaway county, Madison county, or Union county, an	924
amount for the attorney's travel time to attend the oral hearing	925
before the judgecourt at the rate of thirty dollars per hour;	926

(4) A maximum of seven hundred twenty dollars for a	927
supplemental reparations application;	928

(5) A maximum of two hundred dollars if the claim is denied	929
on the basis of a claimant's or victim's conviction of a felony	930
offense prior to the filing of the claim. If the claimant or	931
victim is convicted of a felony offense during the pendency of the	932
claim, the two hundred dollars maximum does not apply. If the	933
attorney had knowledge of the claimant's or victim's felony	934
conviction prior to the filing of the application for the claim,	935
the attorney general may determine that the filing of the claim	936
was frivolous and may deny attorney's fees.	937

(B) The attorney general may determine that an attorney be	938
reimbursed for fees incurred in the creation of a guardianship if	939
the guardianship is required in order for an individual to receive	940
an award of reparations, and those fees shall be reimbursed at a	941
rate of sixty dollars per hour.	942

(C)(1) The attorney general shall forward an application form	943
for attorney's fees to a claimant's attorney before or when the	944
final decision on a claim is rendered. The application form for	945
attorney's fees shall do all of the following:	946

(a) Inform the attorney of the requirements of this section;

947

(b) Require a verification statement comporting with the law	948
prohibiting falsification;	949

(c) Require an itemized fee statement;

950

(d) Require a verification statement that the claimant was	951
served a copy of the completed application form;	952

(e) Include notice that the claimant may oppose the	953
application by notifying the attorney general in writing within	954
ten days.	955

(2) The attorney general shall forward a copy of this section	956
to the attorney with the application form for attorney's fees. The	957
attorney shall file the application form with the attorney	958
general. The attorney general's decision with respect to an award	959
of attorney's fees is final ten days after the attorney general	960
renders the decision and mails a copy of the decision to the	961
attorney at the address provided by the attorney. The attorney may	962
request reconsideration of the decision on grounds that it is	963
insufficient or calculated incorrectly. The attorney general's	964
decision on the request for reconsideration is final.	965

(D) The attorney general shall review all application forms	966
for attorney's fees that are submitted by a claimant's attorney	967
and shall issue an order approving the amount of fees to be paid	968
to the attorney within sixty days after receipt of the application	969
form.	970

(E) No attorney's fees shall be paid for the following:

971

(1) Estate work or representation of a claimant against a	972
collateral source;	973

(2) Duplication of investigative work required to be	974
performed by the attorney general;	975

(3) Performance of unnecessary criminal investigation of the	976
offense;	977

(4) Presenting or appealing an issue that has been repeatedly	978
ruled upon by the highest appellate authority, unless a unique set	979
of facts or unique issue of law exists that distinguishes it;	980

(5) A fee request that is unreasonable, is not commensurate	981
with services rendered, violates the Ohio code of professional	982
responsibility, or is based upon services that are determined to	983
be frivolous.	984

(F)(1) The attorney general may reduce or deny the payment of	985
attorney's fees to an attorney who has filed a frivolous claim.	986
Subject to division (A)(5) of this section, the denial of a claim	987
on the basis of a felony conviction, felony conduct, or	988
contributory misconduct does not constitute a frivolous claim.	989

(2) As used in this section, "frivolous claim" means a claim	990
in which there is clearly no legal grounds under the existing laws	991
of this state to support the filing of a claim on behalf of the	992
claimant or victim.	993

(G) The attorney general may determine that a lesser number	994
of hours should have been required in a given case. Additional	995
reimbursement may be made where the attorney demonstrates to the	996
attorney general that the nature of the particular claim required	997
the expenditure of an amount in excess of that allowed.	998

(H) No attorney shall receive payment under this section for	999
assisting a claimant with an application for an award of	1000
reparations under sections 2743.51 to 2743.72 of the Revised Code	1001
if that attorney's fees have been allowed as an expense in	1002
accordance with division (F)(4) of section 2743.51 of the Revised	1003
Code.	1004

(I) A contract or other agreement between an attorney and any	1005
person that provides for the payment of attorney's fees or other	1006
payments in excess of the attorney's fees allowed under this	1007
section for representing a claimant under sections 2743.51 to	1008
2743.72 of the Revised Code shall be void and unenforceable.	1009

(J) Each witness who appears in a hearing on a claim for an	1010
award of reparations shall receive compensation in an amount equal	1011
to that received by witnesses under section 119.094 of the Revised	1012
Code.	1013

Sec. 2743.66.  (A) A decision of the attorney general,or	1014
order of a court of claims panel of commissioners, or judgment of	1015
a judge of the court of claims granting an award of reparations	1016
may provide for the payment of the award in a lump sum or in	1017
installments. The part of an award equal to the amount of economic	1018
loss accrued to the date of the award shall be paid in a lump sum.	1019
An award for allowable expense that would accrue after the award	1020
is made shall not be paid in a lump sum. Except as provided in	1021
division (B) of this section, the part of an award not paid in a	1022
lump sum shall be paid in installments.	1023

(B) Upon the motion of the claimant, the attorney general may	1024
commute future economic loss, other than allowable expense, to a	1025
lump sum but only upon a finding that either of the following	1026
applies:	1027

(1) The award in a lump sum will promote the interests of the	1028
claimant.	1029

(2) The present value of all future economic loss, other than	1030
allowable expense, does not exceed one thousand dollars.	1031

(C) The attorney general may make an award for future	1032
economic loss payable in installments only for a period as to	1033
which future economic loss reasonably can be determined. An award	1034
for future economic loss payable in installments may be	1035
reconsidered and modified upon a finding that a material and	1036
substantial change of circumstances has occurred.	1037

(D) An award is not subject to execution, attachment,	1038
garnishment, or other process, except that, upon receipt of an	1039
award by a claimant:	1040

(1) The part of the award that is for allowable expense or	1041
funeral expense is not exempt from such action by a creditor to	1042
the extent that the creditor provided products, services, or	1043
accommodations the costs of which are included in the award.	1044

(2) The part of the award that is for work loss shall not be	1045
exempt from such action to secure payment of spousal support,	1046
other maintenance, or child support.	1047

(3) The attorney general may recover the award pursuant to	1048
section 2743.72 of the Revised Code if it is discovered that the	1049
claimant actually was not eligible for the award or that the award	1050
otherwise should not have been made under the standards and	1051
criteria set forth in sections 2743.51 to 2743.72 of the Revised	1052
Code.	1053

(4) If the claimant receives compensation from any other	1054
person or entity, including a collateral source, for an expense	1055
that is included within the award, the attorney general may	1056
recover pursuant to section 2743.72 of the Revised Code the part	1057
of the award that represents the expense for which the claimant	1058
received the compensation from the other person or entity.	1059

(E) If a person entitled to an award of reparations is under	1060
eighteen years of age and if the amount of the award exceeds one	1061
thousand dollars, the order providing for the payment of the award	1062
shall specify that the award be paid either to the guardian of the	1063
estate of the minor appointed pursuant to Chapter 2111. of the	1064
Revised Code or to the person or depository designated by the	1065
probate court under section 2111.05 of the Revised Code. If a	1066
person entitled to an award of reparations is under eighteen years	1067
of age and if the amount of the award is one thousand dollars or	1068
less, the order providing for the payment of the award may specify	1069
that the award be paid to an adult member of the family of the	1070
minor who is legally responsible for the minor's care or to any	1071
other person designated by the attorney general or panel of	1072
commissioners issuing the decision or ordercourt of claims.	1073

Sec. 2743.67.  The attorney general may make an emergency	1074
award if, before acting on an application for an award of	1075
reparations under this section, it appears likely that a final	1076
award will be made, and the claimant or victim will suffer undue	1077
hardship if immediate economic relief is not obtained. An	1078
emergency award shall not exceed two thousand dollars. The	1079
attorney general or the court of claims panel of commissioners	1080
shall deduct an amount of the emergency award from the final	1081
award, or the claimant or victim shall repay the amount of the	1082
emergency award that exceeds the final award made to the claimant.	1083
If no final award is made, the claimant or victim shall repay the	1084
entire emergency award.	1085

Sec. 2743.68.  A claimant may file a supplemental reparations	1086
application in a claim if the attorney general, a court of claims	1087
panel of commissioners, or judge of the court of claims, within	1088
five years prior to the filing of the supplemental application,	1089
has made any of the following determinations:	1090

(A) That an award, supplemental award, or installment award	1091
be granted;	1092

(B) That an award, supplemental award, or installment award	1093
be conditioned or denied because of actual or potential recovery	1094
from a collateral source;	1095

(C) That an award, supplemental award, or installment award	1096
be denied because the claimant had not incurred any economic loss	1097
at that time.	1098

Sec. 2743.69. (A) The attorney general shall prepare and	1099
transmit annually to the governor, the president of the senate,	1100
the speaker of the house of representatives, and the minority	1101
leaders of both houses a report of the activities of the Ohio	1102
crime victims compensation program under sections 2743.51 to	1103
2743.72 of the Revised Code. The report shall include all of the	1104
following:	1105

(1) The number of claims filed, the number of awards made and	1106
the amount of each award, and a statistical summary of awards made	1107
and denied, including the average size of awards;	1108

(2) The balance in the reparations fund, with a listing by	1109
source and amount of the moneys that have been deposited in the	1110
fund;	1111

(3) The amount that has been withdrawn from the fund,	1112
including separate listings of the administrative costs incurred	1113
by the attorney general and athe court of claims panel of	1114
commissioners, compensation of judges and court personnel, the	1115
amount awarded as attorney's fees, and the amount of payments made	1116
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	1117
Revised Code.	1118

(B) The director of budget and management shall assist the	1119
attorney general in the preparation of the report required by this	1120
section.	1121

Sec. 2743.71.  (A) Any law enforcement agency that	1122
investigates, and any prosecuting attorney, city director of law,	1123
village solicitor, or similar prosecuting authority who	1124
prosecutes, an offense committed in this state shall, upon first	1125
contact with the victim or the victim's family or dependents, give	1126
the victim or the victim's family or dependents a copy of an	1127
information card or other printed material provided by the	1128
attorney general pursuant to division (B) of this section and	1129
explain, upon request, the information on the card or material to	1130
the victim or the victim's family or dependents.	1131

(B) The attorney general shall have printed, and shall	1132
provide to law enforcement agencies, prosecuting attorneys, city	1133
directors of law, village solicitors, and similar prosecuting	1134
authorities, cards or other materials that contain information	1135
explaining awards of reparations. The information on the cards or	1136
other materials shall include, but shall not be limited to, the	1137
following statements:	1138

(1) Awards of reparations are limited to losses that are	1139
caused by physical injury resulting from criminally injurious	1140
conduct;	1141

(2) Reparations applications are required to be filed within	1142
two years after the date of the criminally injurious conduct if	1143
the victim was an adult, or within the period provided by division	1144
(C)(B)(1) of section 2743.56 of the Revised Code if the victim of	1145
the criminally injurious conduct was a minor;	1146

(3) An attorney who represents an applicant for an award of	1147
reparations cannot charge the applicant for the services rendered	1148
in relation to that representation but is required to apply to the	1149
attorney general for payment for the representation;	1150

(4) Applications for awards of reparations may be obtained	1151
from the attorney general, law enforcement agencies, and victim	1152
assistance agencies and are to be filed with the attorney general.	1153

(C) The attorney general may order that a reasonable amount	1154
of money be paid out of the reparations fund, subject to the	1155
limitation imposed by division (D) of this section, for use by the	1156
attorney general to publicize the availability of awards of	1157
reparations.	1158

(D) During any fiscal year, the total expenditure for the	1159
printing and providing of information cards or other materials	1160
pursuant to division (B) of this section and for the publicizing	1161
of the availability of awards of reparations pursuant to division	1162
(C) of this section shall not exceed two per cent of the total of	1163
all court costs deposited, in accordance with section 2743.70 of	1164
the Revised Code, in the reparations fund during the immediately	1165
preceding fiscal year.	1166

Section 2. That existing sections 2701.03, 2701.031, 2743.03,	1167
2743.04, 2743.09, 2743.121, 2743.20, 2743.52, 2743.53, 2743.531,	1168
2743.55, 2743.60, 2743.601, 2743.61, 2743.62, 2743.63, 2743.64,	1169
2743.65, 2743.66, 2743.67, 2743.68, 2743.69, and 2743.71 and	1170
section 2743.54 of the Revised Code are hereby repealed.	1171