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) 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 |
(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 |
(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 pursuant to the court's random | 154 |
assignment process, to a judge of another court, or to a retired | 155 |
judge. | 156 |
Sec. 2701.031. (A) If a judge of a municipal or county court | 157 |
allegedly is interested in a proceeding pending before the judge, | 158 |
allegedly is related to or has a bias or prejudice for or against | 159 |
a party to a proceeding pending before the judge or to a party's | 160 |
counsel, or allegedly otherwise is disqualified to preside in a | 161 |
proceeding pending before the judge, any party to the proceeding | 162 |
or the party's counsel may file an affidavit of disqualification | 163 |
with the clerk of the supreme court in which the proceeding is | 164 |
pending. The affidavit of disqualification shall be filed and | 165 |
decided in accordance with divisions (B) to (E) of section 2701.03 | 166 |
of the Revised Code, and, upon the filing of the affidavit, the | 167 |
provisions of those divisions apply to the affidavit, the | 168 |
proceeding, the judge, and the parties to the proceeding. | 169 |
(D)(1) Except as provided in divisions (D)(2) to (4) of this | 204 |
section, if the clerk of the municipal or county court in which a | 205 |
proceeding is pending accepts an affidavit of disqualification for | 206 |
filing under divisions (B) and (C) of this section, the affidavit | 207 |
deprives the judge of a municipal or county court against whom the | 208 |
affidavit was filed of any authority to preside in the proceeding | 209 |
until the judge who was notified pursuant to division (C)(1) of | 210 |
this section rules on the affidavit pursuant to division (E) of | 211 |
this section. | 212 |
(4) If the clerk of a municipal or county court accepts an | 221 |
affidavit of disqualification for filing under divisions (B) and | 222 |
(C) of this section, if the judge who is notified pursuant to | 223 |
division (C)(1) of this section of the filing of the affidavit of | 224 |
disqualification denies the affidavit pursuant to division (E) of | 225 |
this section, and if, after the denial, a second or subsequent | 226 |
affidavit of disqualification regarding the same judge and the | 227 |
same proceeding is filed by the same party who filed or on whose | 228 |
behalf was filed the affidavit that was denied or by counsel for | 229 |
the same party who filed or on whose behalf was filed the | 230 |
affidavit that was denied, the judge of a municipal or county | 231 |
court against whom the second or subsequent affidavit is filed may | 232 |
preside in the proceeding prior to the ruling, by the judge who is | 233 |
notified pursuant to division (C)(1) of this section, on the | 234 |
second or subsequent affidavit pursuant to division (E) of this | 235 |
section. | 236 |
(E) If the clerk of a municipal or county court accepts an | 237 |
affidavit of disqualification for filing under divisions (B) and | 238 |
(C) of this section and if the judge who is notified pursuant to | 239 |
division (C)(1) of this section of the filing of the affidavit | 240 |
determines that the interest, bias, prejudice, or disqualification | 241 |
alleged in the affidavit does not exist, the judge who is so | 242 |
notified shall issue an entry denying the affidavit of | 243 |
disqualification. If the judge who is notified pursuant to | 244 |
division (C)(1) of this section of the filing of the affidavit | 245 |
determines that the interest, bias, prejudice, or disqualification | 246 |
alleged in the affidavit exists, the judge who is so notified | 247 |
shall issue an entry that disqualifies the judge against whom the | 248 |
affidavit was filed from presiding in the proceeding and designate | 249 |
another judge of the municipal or county court, or of the court of | 250 |
common pleas, to preside in the proceeding in place of the | 251 |
disqualified judge. | 252 |
Sec. 2743.03. (A)(1) There is hereby created a court of | 253 |
claims. The court of claims is a court of record and has | 254 |
exclusive, original jurisdiction of all civil actions against the | 255 |
state permitted by the waiver of immunity contained in section | 256 |
2743.02 of the Revised Code,and exclusive jurisdiction of the | 257 |
causes of action of all parties in civil actions that are removed | 258 |
to the court of claims, and jurisdiction to hear appeals from the | 259 |
decisions of the court of claims commissioners. The court shall | 260 |
have full equity powers in all actions within its jurisdiction and | 261 |
may entertain and determine all counterclaims, cross-claims, and | 262 |
third-party claims. | 263 |
(2) If the claimant in a civil action as described in | 264 |
division (A)(1) of this section also files a claim for a | 265 |
declaratory judgment, injunctive relief, or other equitable relief | 266 |
against the state that arises out of the same circumstances that | 267 |
gave rise to the civil action described in division (A)(1) of this | 268 |
section, the court of claims has exclusive, original jurisdiction | 269 |
to hear and determine that claim in that civil action. This | 270 |
division does not affect, and shall not be construed as affecting, | 271 |
the original jurisdiction of another court of this state to hear | 272 |
and determine a civil action in which the sole relief that the | 273 |
claimant seeks against the state is a declaratory judgment, | 274 |
injunctive relief, or other equitable relief. | 275 |
(B) The court of claims shall sit in Franklin county, its | 281 |
hearings shall be public, and it shall consist of incumbent | 282 |
justices or judges of the supreme court, courts of appeals, or | 283 |
courts of common pleas, or retired justices or judges eligible for | 284 |
active duty pursuant to division (C) of Section 6 of Article IV, | 285 |
Ohio Constitution, sitting by temporary assignment of the chief | 286 |
justice of the supreme court. The chief justice may direct the | 287 |
court to sit in any county for cases on removal upon a showing of | 288 |
substantial hardship and whenever justice dictates. | 289 |
(3) When any dispute under division (B) of section 153.12 of | 300 |
the Revised Code is brought to the court of claims, upon request | 301 |
of either party to the dispute, the chief justice of the supreme | 302 |
court shall appoint a single referee or a panel of three referees. | 303 |
The referees need not be attorneys, but shall be persons | 304 |
knowledgeable about construction contract law, a member of the | 305 |
construction industry panel of the American arbitration | 306 |
association, or an individual or individuals deemed qualified by | 307 |
the chief justice to serve. No person shall serve as a referee if | 308 |
that person has been employed by an affected state agency or a | 309 |
contractor or subcontractor involved in the dispute at any time in | 310 |
the preceding five years. Proceedings governing referees shall be | 311 |
in accordance with Civil Rule 53, except as modified by this | 312 |
division. The referee or panel of referees shall submit its | 313 |
report, which shall include a recommendation and finding of fact, | 314 |
to the judge assigned to the case by the chief justice, within | 315 |
thirty days of the conclusion of the hearings. Referees appointed | 316 |
pursuant to this division shall be compensated on a per diem basis | 317 |
at the same rate as is paid to judges of the court and also shall | 318 |
be paid their expenses. If a single referee is appointed or a | 319 |
panel of three referees is appointed, then, with respect to one | 320 |
referee of the panel, the compensation and expenses of the referee | 321 |
shall not be taxed as part of the costs in the case but shall be | 322 |
included in the budget of the court. If a panel of three referees | 323 |
is appointed, the compensation and expenses of the two remaining | 324 |
referees shall be taxed as costs of the case. | 325 |
(E)(1) A party who files a counterclaim against the state or | 340 |
makes the state a third-party defendant in an action commenced in | 341 |
any court, other than the court of claims, shall file a petition | 342 |
for removal in the court of claims. The petition shall state the | 343 |
basis for removal, be accompanied by a copy of all process, | 344 |
pleadings, and other papers served upon the petitioner, and shall | 345 |
be signed in accordance with Civil Rule 11. A petition for removal | 346 |
based on a counterclaim shall be filed within twenty-eight days | 347 |
after service of the counterclaim of the petitioner. A petition | 348 |
for removal based on third-party practice shall be filed within | 349 |
twenty-eight days after the filing of the third-party complaint of | 350 |
the petitioner. | 351 |
(2) Within seven days after filing a petition for removal, | 352 |
the petitioner shall give written notice to the parties, and shall | 353 |
file a copy of the petition with the clerk of the court in which | 354 |
the action was brought originally. The filing effects the removal | 355 |
of the action to the court of claims, and the clerk of the court | 356 |
where the action was brought shall forward all papers in the case | 357 |
to the court of claims. The court of claims shall adjudicate all | 358 |
civil actions removed. The court may remand a civil action to the | 359 |
court in which it originated upon a finding that the removal | 360 |
petition does not justify removal, or upon a finding that the | 361 |
state is no longer a party. | 362 |
Sec. 2743.041. If a judge of the court of claims allegedly | 380 |
is interested in a proceeding pending before the judge, allegedly | 381 |
is related to or has a bias or prejudice for or against a party to | 382 |
a proceeding pending before the judge or to a party's counsel, or | 383 |
allegedly otherwise is disqualified to preside in a proceeding | 384 |
pending before the judge, any party to the proceeding or the | 385 |
party's counsel may file an affidavit of disqualification with the | 386 |
clerk of the supreme court. The affidavit of disqualification | 387 |
shall be filed and decided in accordance with divisions (B) to (E) | 388 |
of section 2701.03 of the Revised Code, and, upon the filing of | 389 |
the affidavit, the provisions of those divisions apply to the | 390 |
affidavit, the proceeding, the judge, and the parties to the | 391 |
proceeding. | 392 |
At the time the action is commenced the clerk shall enter in | 418 |
the appearance docket the names of the parties in full and the | 419 |
names of counsel and shall index the action alphabetically by the | 420 |
last name of each party. Thereafter, the clerk shall | 421 |
chronologically note in the appearance docket all process issued | 422 |
and returns, pleas, motions, papers filed in the action, orders, | 423 |
verdicts, and judgments. The notations shall be brief but shall | 424 |
show the date of filing, substance, and journal volume and page of | 425 |
each order, verdict, and judgment. An action is commenced for | 426 |
purposes of this division by the filing of a complaint, including | 427 |
a form complaint under section 2743.10 of the Revised Code or a | 428 |
petition for removal. | 429 |
At the time an appeal for an award of reparations is | 430 |
commenced, the clerk shall enter the full names of the claimant, | 431 |
the victim, and the attorneys in the appearance docket and shall | 432 |
index the claim alphabetically by the last name of the claimant | 433 |
and the victim. Thereafter, the clerk shall chronologically note | 434 |
in the appearance docket all process issued and returns, motions, | 435 |
papers filed in the claim, orders, decisions, and awards. The | 436 |
notations shall be brief but shall show the date of filing, | 437 |
substance, and journal volume and page of each order. | 438 |
Sec. 2743.121. (A) A panel of court of claims commissioners | 452 |
shall render its decisions as to claims for an award of | 453 |
reparations in writing and shall include separate findings of fact | 454 |
and any conclusions of law that are necessary. Orders as to claims | 455 |
for an award of reparations shall be entered on the journal, and | 456 |
the clerk shall certify on the order the date of journalization | 457 |
and shall send copies of the order and decision to the claimant, | 458 |
the attorney general, and the prosecuting attorney of the county | 459 |
in which the criminally injurious conduct occurred. | 460 |
(B) A judge of theThe court of claims shall render
the | 461 |
judge'sits decisions as to appeals from decisions of a panel of | 462 |
court of claims commissionersthe attorney general pursuant to | 463 |
sections 2743.51 to 2743.72 of the Revised Code in writing and | 464 |
shall include a separate finding for each issue contested upon | 465 |
appeal. Orders as to appeals shall be entered on the journal, and | 466 |
the clerk shall certify on the order the date of journalization | 467 |
and shall send copies of the order and decision to the claimant, | 468 |
the attorney general, and the prosecuting attorney of the county | 469 |
in which the criminally injurious conduct occurred. | 470 |
Sec. 2743.20. Appeals from orders and judgments of the court | 471 |
of claims lie to the same courts under the same circumstances, as | 472 |
appeals from the court of common pleas of Franklin county, and the | 473 |
same rules of law govern their determination. The decision of the | 474 |
court of claims with respect to an appeal from a decision of the | 475 |
court of claims commissionersthe attorney general pursuant to | 476 |
sections 2743.51 to 2743.72 of the Revised Code is final, and no | 477 |
appeal from the decision of the court of claims lies to any other | 478 |
court. | 479 |
Sec. 2743.531. The court of claims victims of crime fund is | 501 |
hereby created in the state treasury. The fund shall be used to | 502 |
pay the compensation of the court of claims commissioners, the | 503 |
compensation of judges of the court of claims necessary to hear | 504 |
and determine appeals from the commissioners, the compensation of | 505 |
any court of claims personnel needed to administer sections | 506 |
2743.51 to 2743.72 of the Revised Code, and other administrative | 507 |
expenses of hearing and determining appeals by court of claims | 508 |
commissioners and judgesunder sections 2743.51 to 2743.72 of the | 509 |
Revised Code. | 510 |
At the beginning of each fiscal year, the director of budget | 511 |
and management shall transfer cash from the reparations fund to | 512 |
the court of claims victims of crime fund in an amount sufficient | 513 |
to make the cash balance in the court of claims victims of crime | 514 |
fund equal to the sum of the appropriation for that fiscal year | 515 |
and all prior fiscal year encumbrances. If the appropriation from | 516 |
the court of claims victims of crime fund is increased during the | 517 |
fiscal year, the director shall transfer cash from the reparations | 518 |
fund to the court of claims victims of crime fund in an amount | 519 |
equal to the increase in the appropriation. | 520 |
Sec. 2743.55. (A) The attorney general, a court of claims | 521 |
panel of commissioners, or a judge of the court of claims shall | 522 |
determine all matters relating to claims for an award of | 523 |
reparations. The attorney general, a court of claims panel of | 524 |
commissioners, or a judge of the court of claims may order law | 525 |
enforcement officers to provide copies of any information or data | 526 |
gathered in the investigation of the criminally injurious conduct | 527 |
that is the basis of any claim to enable the attorney general, a | 528 |
court of claims panel of commissioners, or a judge of the court of | 529 |
claims to determine whether, and the extent to which, a claimant | 530 |
qualifies for an award of reparations. | 531 |
(D) The attorney general, a panel of commissioners, or a | 573 |
judge of the court of claims shall reduce an award of reparations | 574 |
or deny a claim for an award of reparations that is otherwise | 575 |
payable to a claimant to the extent that the economic loss upon | 576 |
which the claim is based is recouped from other persons, including | 577 |
collateral sources. If an award is reduced or a claim is denied | 578 |
because of the expected recoupment of all or part of the economic | 579 |
loss of the claimant from a collateral source, the amount of the | 580 |
award or the denial of the claim shall be conditioned upon the | 581 |
claimant's economic loss being recouped by the collateral source. | 582 |
If the award or denial is conditioned upon the recoupment of the | 583 |
claimant's economic loss from a collateral source and it is | 584 |
determined that the claimant did not unreasonably fail to present | 585 |
a timely claim to the collateral source and will not receive all | 586 |
or part of the expected recoupment, the claim may be reopened and | 587 |
an award may be made in an amount equal to the amount of expected | 588 |
recoupment that it is determined the claimant will not receive | 589 |
from the collateral source. | 590 |
(c) It is proved by a preponderance of the evidence that the | 609 |
victim or the claimant engaged, within ten years prior to the | 610 |
criminally injurious conduct that gave rise to the claim or during | 611 |
the pendency of the claim, in an offense of violence, a violation | 612 |
of section 2925.03 of the Revised Code, or any substantially | 613 |
similar offense that also would constitute a felony under the laws | 614 |
of this state, another state, or the United States. | 615 |
(2) The attorney general, a panel of commissioners, or a | 627 |
judge of the court of claims may make an award to a minor | 628 |
dependent of a deceased victim for dependent's economic loss or | 629 |
for counseling pursuant to division (F)(2) of section 2743.51 of | 630 |
the Revised Code if the minor dependent is not ineligible under | 631 |
division (E)(1) of this section due to the minor dependent's | 632 |
criminal history and if the victim was not killed while engaging | 633 |
in illegal conduct that contributed to the criminally injurious | 634 |
conduct that gave rise to the claim. For purposes of this section, | 635 |
the use of illegal drugs by the deceased victim shall not be | 636 |
deemed to have contributed to the criminally injurious conduct | 637 |
that gave rise to the claim. | 638 |
(F) In determining whether to make an award of reparations | 639 |
pursuant to this section, the attorney general or panel of | 640 |
commissionersthe court of claims shall consider whether there was | 641 |
contributory misconduct by the victim or the claimant. The | 642 |
attorney general, a panel of commissioners, or a judge of the | 643 |
court of claims shall reduce an award of reparations or deny a | 644 |
claim for an award of reparations to the extent it is determined | 645 |
to be reasonable because of the contributory misconduct of the | 646 |
claimant or the victim. | 647 |
(G) The attorney general, a panel of commissioners, or a | 660 |
judge of the court of claims shall not make an award of | 661 |
reparations to a claimant if the criminally injurious conduct that | 662 |
caused the injury or death that is the subject of the claim | 663 |
occurred to a victim who was an adult and while the victim, after | 664 |
being convicted of or pleading guilty to an offense, was serving a | 665 |
sentence of imprisonment in any detention facility, as defined in | 666 |
section 2921.01 of the Revised Code. | 667 |
(I) Reparations payable to a victim and to all other | 675 |
claimants sustaining economic loss because of injury to or the | 676 |
death of that victim shall not exceed fifty thousand dollars in | 677 |
the aggregate. If the attorney general, a panel of commissioners, | 678 |
or a judge of the court of claims reduces an award under division | 679 |
(F) of this section, the maximum aggregate amount of reparations | 680 |
payable under this division shall be reduced proportionately to | 681 |
the reduction under division (F) of this section. | 682 |
Sec. 2743.601. Except as otherwise provided in this section, | 688 |
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60 | 689 |
of the Revised Code made by the act in which this section was | 690 |
enacted apply to all applications for an award of reparations | 691 |
filed on or after the effective date of this sectionSeptember 30, | 692 |
2011, and to all applications for an award of reparations filed | 693 |
before the effective date of this sectionSeptember 30, 2011, for | 694 |
which an award or denial of the claim by the attorney general, a | 695 |
panel of commissioners, or the court of claims has not yet become | 696 |
final. The amendments to section 2743.60 of the Revised Code made | 697 |
by the act in which this section was enacted, to the extent that | 698 |
they eliminate the statute of limitations and to the extent that | 699 |
they remove the seventy-two hour reporting requirement, and the | 700 |
amendments to section 2743.51 of the Revised Code concerning | 701 |
guardian bonds shall apply to all claims for an award of | 702 |
reparations pending on the effective date of this section | 703 |
September 30, 2011, and to all claims for an award of reparations | 704 |
filed on or after the effective date of this sectionSeptember 30, | 705 |
2011, that are based on criminally injurious conduct not | 706 |
previously addressed by the attorney general, by a panel of | 707 |
commissioners, or by the court of claims. | 708 |
Sec. 2743.61. (A) The attorney general, on the attorney | 709 |
general's own motion or upon request of a claimant or victim, may | 710 |
reconsider a decision to make an award of reparations, the amount | 711 |
of an award of reparations, or a decision to deny a claim for an | 712 |
award of reparations. A claimant may file a request for | 713 |
reconsideration with the attorney general not later than thirty | 714 |
days after the attorney general renders an initial decision. A | 715 |
claimant may submit with the request any additional information | 716 |
that is relevant to the claimant's claim for an award of | 717 |
reparation. | 718 |
(B) A claimant may appeal an award of reparations, the amount | 733 |
of an award of reparations, or the denial of a claim for an award | 734 |
of reparations that is made by a final decision of the attorney | 735 |
general after any reconsideration. If the final decision of the | 736 |
attorney general with respect to any claim for an award of | 737 |
reparations is appealed, athe court of claims panel of | 738 |
commissioners, within ninety days of receiving the notice of | 739 |
appeal, shall schedule and conduct a hearing on the appeal. The | 740 |
panel of commissionerscourt shall determine the appeal within | 741 |
sixty days from the date of the hearing on the basis of the record | 742 |
of the hearing before the
commissionerscourt, including the | 743 |
original award or denial and the finding of fact of the attorney | 744 |
general, any information or documents that the attorney general | 745 |
used in the investigation, any information or data provided to the | 746 |
attorney general, any briefs or oral arguments that may be | 747 |
requested by athe court of claims panel of commissioners, and any | 748 |
additional evidence presented at the hearing. The panel of | 749 |
commissionerscourt may extend the sixty-day time limit and shall | 750 |
record in writing specific reasons to justify the extension. The | 751 |
attorney general shall supply the panel of commissionerscourt | 752 |
with the original decision awarding or denying compensation, the | 753 |
finding of fact of the attorney general, any information or | 754 |
documents that the attorney general used in the investigation, and | 755 |
any information or data provided to the attorney general within | 756 |
fourteen days of the filing of the objection and notice of appeal | 757 |
by the applicant. The panel of commissionerscourt shall notify | 758 |
the claimant and attorney general of the extension and of the | 759 |
reasons for the extension. If upon hearing and consideration of | 760 |
the record and evidence, the court of claims panel of | 761 |
commissioners decides that the decision of the attorney general | 762 |
appealed from is reasonable and lawful, it shall affirm the same. | 763 |
If the court
of claims panel of commissioners decides that the | 764 |
decision of the attorney general is not supported by a | 765 |
preponderance of the evidence or is unreasonable or unlawful, it | 766 |
the court shall reverse and vacate the decision or modify it and | 767 |
enter judgment thereon. The | 768 |
(C) The attorney general or a claimant may appeal an award of | 769 |
reparations, the amount of an award of reparations, or the denial | 770 |
of a claim for an award of reparations that is made by a panel of | 771 |
court of claims commissioners. If the determination of the panel | 772 |
of commissioners with respect to any claim for an award of | 773 |
reparations is appealed, a judge of the court of claims shall hear | 774 |
and determine the appeal on the basis of the record of the hearing | 775 |
before the commissioners, including the original award or denial | 776 |
made by the attorney general, any information or documents | 777 |
presented to the panel of commissioners, and any briefs or oral | 778 |
arguments that may be requested by the judge. If upon hearing and | 779 |
consideration of the record and evidence, the judge decides that | 780 |
the decision of the panel of commissioners is unreasonable or | 781 |
unlawful, the judge shall reverse and vacate the decision or | 782 |
modify it and enter judgment on the claim. The decision of the | 783 |
judge of the court of claims is final. | 784 |
(2)(a) Except as specified in division (A)(2)(b) of this | 808 |
section, any record or report that a judge of the court of claims, | 809 |
a court of claims panel of commissioners, or the attorney general | 810 |
has obtained prior to, or obtains on or after, June 30, 1998, | 811 |
under the provisions of sections 2743.51 to 2743.72 of the Revised | 812 |
Code and that is confidential or otherwise exempt from public | 813 |
disclosure under section 149.43 of the Revised Code while in the | 814 |
possession of the creator of the record or report shall remain | 815 |
confidential or exempt from public disclosure under section 149.43 | 816 |
of the Revised Code while in the possession of the court of claims | 817 |
or the attorney general. | 818 |
(b) Notwithstanding division (A)(2)(a) of this section, a | 819 |
judge of the court of claims, a
panel of commissionersmagistrate, | 820 |
a claimant, a claimant's attorney, or the attorney general may | 821 |
disclose or refer to records or reports described in that division | 822 |
in any hearing conducted under sections 2743.51 to 2743.72 of the | 823 |
Revised Code or in the judge's, panel of commissioners' | 824 |
magistrate's, claimant's, or attorney general's written pleadings, | 825 |
findings, recommendations, and decisions. | 826 |
(B) If the mental, physical, or emotional condition of a | 827 |
victim or claimant is material to a claim for an award of | 828 |
reparations, the attorney general, a panel of commissioners, or a | 829 |
judge of the court of claims may order the victim or claimant to | 830 |
submit to a mental or physical examination and may order an | 831 |
autopsy of a deceased victim. The order may be made for good cause | 832 |
shown and upon notice to the person to be examined and to the | 833 |
claimant. The order shall specify the time, place, manner, | 834 |
conditions, and scope of the examination or autopsy and the person | 835 |
by whom it is to be made. In the case of a mental examination, the | 836 |
person specified may be a physician or psychologist. In the case | 837 |
of a physical examination, the person specified may be a | 838 |
physician, a physician assistant, a clinical nurse specialist, a | 839 |
certified nurse practitioner, or a certified nurse-midwife. In the | 840 |
case of an autopsy, the person specified must be a physician. The | 841 |
order shall require the person who performs the examination or | 842 |
autopsy to file with the attorney general a detailed written | 843 |
report of the examination or autopsy. The report shall set out the | 844 |
findings, including the results of all tests made, diagnoses, | 845 |
prognoses, and other conclusions and reports of earlier | 846 |
examinations of the same conditions. | 847 |
(E) The attorney general, a panel of commissioners, or a | 857 |
judge of the court of claims, in a claim arising out of a | 858 |
violation of any provision of sections 2907.02 to 2907.07 of the | 859 |
Revised Code, shall not request the victim or the claimant to | 860 |
supply, or permit any person to supply, any evidence of specific | 861 |
instances of the victim's sexual activity, opinion evidence of the | 862 |
victim's sexual activity, or reputation evidence of the victim's | 863 |
sexual activity unless it involves evidence of the origin of | 864 |
semen, pregnancy, or disease or evidence of the victim's past | 865 |
sexual activity with the offender and only to the extent that the | 866 |
judge, the panelcourt of commissioners,claims or the attorney | 867 |
general finds that the evidence is relevant to a fact at issue in | 868 |
the claim. | 869 |
Sec. 2743.63. If a person refuses to comply with an order | 870 |
under sections 2743.51 to 2743.72 of the Revised Code, or asserts | 871 |
a privilege, except privileges arising from the attorney-client | 872 |
relationship, to withhold or suppress evidence relevant to a claim | 873 |
for an award of reparations, the attorney general may make any | 874 |
just decision including denial of the claim but shall not find the | 875 |
person in contempt. If necessary to carry out any of the attorney | 876 |
general's powers and duties, the attorney general may petition a | 877 |
the court of claims panel of commissioners for an appropriate | 878 |
order, including but not limited to a finding of contempt, but a | 879 |
panel of commissionersthe court shall not find a person in | 880 |
contempt for refusal to submit to a mental or physical | 881 |
examination. | 882 |
Sec. 2743.64. The attorney general, a court of claims panel | 883 |
of commissioners, or a judge of the court of claims may make an | 884 |
award of reparations whether or not any person is prosecuted or | 885 |
convicted for committing the conduct that is the basis of the | 886 |
award. Proof of conviction of a person whose conduct gave rise to | 887 |
a claim is conclusive evidence that the crime was committed, | 888 |
unless an application for rehearing, an appeal of the conviction, | 889 |
or certiorari is pending, or a rehearing or new trial has been | 890 |
ordered. | 891 |
If the prosecuting attorney of the county in which the | 892 |
criminally injurious conduct allegedly occurred requests the | 893 |
suspension of proceedings in any claim for an award of reparations | 894 |
and if the request is made because of the commencement of a | 895 |
criminal prosecution, the attorney general may suspend, because a | 896 |
criminal prosecution has been commenced or is imminent, the | 897 |
proceedings in any claim for an award of reparations for a | 898 |
definite period of time, and may make an emergency award under | 899 |
section 2743.67 of the Revised Code. | 900 |
Sec. 2743.65. (A) The attorney general shall determine, and | 901 |
the state shall pay, in accordance with this section attorney's | 902 |
fees, commensurate with services rendered, to the attorney | 903 |
representing a claimant under sections 2743.51 to 2743.72 of the | 904 |
Revised Code. The attorney shall submit on an application form an | 905 |
itemized fee bill at the rate of sixty dollars per hour upon | 906 |
receipt of the final decision on the claim. Attorney's fees paid | 907 |
pursuant to this section are subject to the following maximum | 908 |
amounts: | 909 |
(2) A maximum of one thousand twenty dollars for claims in | 913 |
which an appeal to the panelcourt of commissionersclaims is | 914 |
filed plus, at the request of an attorney whose main office is not | 915 |
in Franklin county, Delaware county, Licking county, Fairfield | 916 |
county, Pickaway county, Madison county, or Union county, an | 917 |
amount for the attorney's travel time to attend the oral hearing | 918 |
before the
panelcourt of
commissionersclaims at the rate of | 919 |
thirty dollars per hour; | 920 |
(3) A maximum of one thousand three hundred twenty dollars | 921 |
for claims in which an appeal to a judge of the court of claims is | 922 |
filed plus, at the request of an attorney whose main office is not | 923 |
in Franklin county, Delaware county, Licking county, Fairfield | 924 |
county, Pickaway county, Madison county, or Union county, an | 925 |
amount for the attorney's travel time to attend the oral hearing | 926 |
before the
judgecourt at the rate of thirty dollars per hour; | 927 |
(5) A maximum of two hundred dollars if the claim is denied | 930 |
on the basis of a claimant's or victim's conviction of a felony | 931 |
offense prior to the filing of the claim. If the claimant or | 932 |
victim is convicted of a felony offense during the pendency of the | 933 |
claim, the two hundred dollars maximum does not apply. If the | 934 |
attorney had knowledge of the claimant's or victim's felony | 935 |
conviction prior to the filing of the application for the claim, | 936 |
the attorney general may determine that the filing of the claim | 937 |
was frivolous and may deny attorney's fees. | 938 |
(2) The attorney general shall forward a copy of this section | 957 |
to the attorney with the application form for attorney's fees. The | 958 |
attorney shall file the application form with the attorney | 959 |
general. The attorney general's decision with respect to an award | 960 |
of attorney's fees is final ten days after the attorney general | 961 |
renders the decision and mails a copy of the decision to the | 962 |
attorney at the address provided by the attorney. The attorney may | 963 |
request reconsideration of the decision on grounds that it is | 964 |
insufficient or calculated incorrectly. The attorney general's | 965 |
decision on the request for reconsideration is final. | 966 |
Sec. 2743.66. (A) A decision of the attorney general,or | 1015 |
order of a court of claims panel of commissioners, or judgment of | 1016 |
a judge of the court of claims granting an award of reparations | 1017 |
may provide for the payment of the award in a lump sum or in | 1018 |
installments. The part of an award equal to the amount of economic | 1019 |
loss accrued to the date of the award shall be paid in a lump sum. | 1020 |
An award for allowable expense that would accrue after the award | 1021 |
is made shall not be paid in a lump sum. Except as provided in | 1022 |
division (B) of this section, the part of an award not paid in a | 1023 |
lump sum shall be paid in installments. | 1024 |
(E) If a person entitled to an award of reparations is under | 1061 |
eighteen years of age and if the amount of the award exceeds one | 1062 |
thousand dollars, the order providing for the payment of the award | 1063 |
shall specify that the award be paid either to the guardian of the | 1064 |
estate of the minor appointed pursuant to Chapter 2111. of the | 1065 |
Revised Code or to the person or depository designated by the | 1066 |
probate court under section 2111.05 of the Revised Code. If a | 1067 |
person entitled to an award of reparations is under eighteen years | 1068 |
of age and if the amount of the award is one thousand dollars or | 1069 |
less, the order providing for the payment of the award may specify | 1070 |
that the award be paid to an adult member of the family of the | 1071 |
minor who is legally responsible for the minor's care or to any | 1072 |
other person designated by the attorney general or
panel of | 1073 |
commissioners issuing the decision or ordercourt of claims. | 1074 |
Sec. 2743.67. The attorney general may make an emergency | 1075 |
award if, before acting on an application for an award of | 1076 |
reparations under this section, it appears likely that a final | 1077 |
award will be made, and the claimant or victim will suffer undue | 1078 |
hardship if immediate economic relief is not obtained. An | 1079 |
emergency award shall not exceed two thousand dollars. The | 1080 |
attorney general or the court of claims panel of commissioners | 1081 |
shall deduct an amount of the emergency award from the final | 1082 |
award, or the claimant or victim shall repay the amount of the | 1083 |
emergency award that exceeds the final award made to the claimant. | 1084 |
If no final award is made, the claimant or victim shall repay the | 1085 |
entire emergency award. | 1086 |
Sec. 2743.71. (A) Any law enforcement agency that | 1123 |
investigates, and any prosecuting attorney, city director of law, | 1124 |
village solicitor, or similar prosecuting authority who | 1125 |
prosecutes, an offense committed in this state shall, upon first | 1126 |
contact with the victim or the victim's family or dependents, give | 1127 |
the victim or the victim's family or dependents a copy of an | 1128 |
information card or other printed material provided by the | 1129 |
attorney general pursuant to division (B) of this section and | 1130 |
explain, upon request, the information on the card or material to | 1131 |
the victim or the victim's family or dependents. | 1132 |
(B) The attorney general shall have printed, and shall | 1133 |
provide to law enforcement agencies, prosecuting attorneys, city | 1134 |
directors of law, village solicitors, and similar prosecuting | 1135 |
authorities, cards or other materials that contain information | 1136 |
explaining awards of reparations. The information on the cards or | 1137 |
other materials shall include, but shall not be limited to, the | 1138 |
following statements: | 1139 |
Section 2. That existing sections 2701.03, 2701.031, 2743.03, | 1168 |
2743.04, 2743.09, 2743.121, 2743.20, 2743.52, 2743.53, 2743.531, | 1169 |
2743.55, 2743.60, 2743.601, 2743.61, 2743.62, 2743.63, 2743.64, | 1170 |
2743.65, 2743.66, 2743.67, 2743.68, 2743.69, and 2743.71 and | 1171 |
section 2743.54 of the Revised Code are hereby repealed. | 1172 |