As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 261

Representatives Butler, Stinziano 

---

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 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

(B) An affidavit of disqualification shall be filed under	170
this section with the clerk of the court in which the proceeding	171
is pending not less than seven calendar days before the day on	172
which the next hearing in the proceeding is scheduled and shall	173
include all of the following:	174

(1) The specific allegations on which the claim of interest,	175
bias, prejudice, or disqualification is based and the facts to	176
support each of those allegations;	177

(2) The jurat of a notary public or another person authorized	178
to administer oaths or affirmations;	179

(3) A certificate indicating that a copy of the affidavit has	180
been served on the judge of the municipal or county court against	181
whom the affidavit is filed and on all other parties or their	182
counsel;	183

(4) The date of the next scheduled hearing in the proceeding	184
or, if there is no hearing scheduled, a statement that there is no	185
hearing scheduled.	186

(C)(1) Except as provided in division (C)(2) of this section,	187
when an affidavit of disqualification is presented to the clerk of	188
a municipal or county court for filing under division (B) of this	189
section, the clerk shall enter the fact of the filing on the	190
docket in that proceeding and shall provide notice of the filing	191
of the affidavit to one of the following:	192

(a) The presiding judge of the court of common pleas of the	193
county;	194

(b) If there is no presiding judge of the court of common	195
pleas of the county, a judge of the court of common pleas of the	196
county.	197

(2) The clerk of the municipal or county court in which a	198
proceeding is pending shall not accept an affidavit of	199
disqualification presented for filing under division (B) of this	200
section if it is not timely presented for filing or does not	201
satisfy the requirements of divisions (B)(2), (3), and (4) of this	202
section.	203

(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

(2) A judge of a municipal or county court against whom an	213
affidavit of disqualification has been filed under divisions (B)	214
and (C) of this section may preside in the proceeding if, based on	215
the scheduled hearing date, the affidavit was not timely filed.	216

(3) A judge of a municipal or county court against whom an	217
affidavit of disqualification has been filed under divisions (B)	218
and (C) of this section may determine a matter that does not	219
affect a substantive right of any of the parties.	220

(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

(3) In addition to its exclusive, original jurisdiction as	276
conferred by division (A)(1) and (2) of this section, the court of	277
claims has exclusive, original jurisdiction as described in	278
division (F) of section 2743.02, division (B) of section 3335.03,	279
and division (C) of section 5903.02 of the Revised Code.	280

(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

(C)(1) A civil action against the state shall be heard and	290
determined by a single judge. Upon application by the claimant or	291
the state, the chief justice of the supreme court may assign a	292
panel of three judges to hear and determine a civil action	293
presenting novel or complex issues of law or fact. Concurrence of	294
two members of the panel is necessary for any judgment or order.	295

(2) Whenever the chief justice of the supreme court believes	296
an equitable resolution of a case will be expedited, the chief	297
justice may appoint refereesmagistrates in accordance with Civil	298
Rule 53 to hear the case.	299

(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

All costs of a case shall be apportioned among the parties.	326
The court may not require that any party deposit with the court	327
cash, bonds, or other security in excess of two hundred dollars to	328
guarantee payment of costs without the prior approval in each case	329
of the chief justice.	330

(4) An appeal from a decision of the court of claims	331
commissionersattorney general pursuant to sections 2743.51 to	332
2743.72 of the Revised Code shall be heard and determined by one	333
judge of the court of claims.	334

(D) The Rules of Civil Procedure shall govern practice and	335
procedure in all actions in the court of claims, except insofar as	336
inconsistent with this chapter. The supreme court may promulgate	337
rules governing practice and procedure in actions in the court as	338
provided in Section 5 of Article IV, Ohio Constitution.	339

(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

(3) Bonds, undertakings, or security and injunctions,	363
attachments, sequestrations, or other orders issued prior to	364
removal remain in effect until dissolved or modified by the court	365
of claims.	366

Sec. 2743.04.  (A) Judges of the court of claims who are not	367
residents of Franklin county, or when the court sits outside	368
Franklin county the judges who are residents of Franklin county,	369
shall be compensated for their actual and necessary expenses of	370
traveling to and from the place of holding the court.	371

(B) A retired judge shall, in addition to histhe judge's	372
retirement allowance, receive per diem compensation for service as	373
a member of the court of claims at a rate computed on the annual	374
compensation of a judge of a court of appealscommon pleas. An	375
incumbent judge shall receive additional per diem compensation	376
equal to that allowed retired judges under this section less a per	377
diem amount computed on histhe incumbent judge's annual	378
compensation.	379

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

Sec. 2743.09.  The clerk of the court of claims shall do all	393
of the following:	394

(A) Administer oaths and take and certify affidavits,	395
depositions, and acknowledgments of powers of attorney and other	396
instruments in writing;	397

(B) Prepare the dockets, enter and record the orders,	398
judgments, decisions, awards, and proceedings of the court of	399
claims and the court of claims commissioners, and issue writs and	400
process;	401

(C) Maintain an office in Franklin county in rooms provided	402
by the supreme court for that purpose;	403

(D) Keep an appearance docket of civil actions,and claims	404
for an award of reparations, and appeals from decisions of the	405
court of claims commissioners. The clerk may refuse to accept for	406
filing any pleading or paper that relates to a civil action in the	407
court of claims and that is submitted for filing by a person who	408
has been found to be a vexatious litigator under section 2323.52	409
of the Revised Code and who has failed to obtain leave to proceed	410
under that section.	411

Upon the commencement of an action or claim, the clerk shall	412
assign it a number. This number shall be placed on the first page,	413
and every continuation page, of the appearance docket that	414
concerns the particular action or claim. In addition, this number	415
and the names of the parties shall be placed on the case file and	416
every paper filed in the action or claim.	417

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

(E) Keep all original papers filed in an action or claim in a	439
separate file folder and a journal in which all orders, verdicts,	440
and judgments of the court and commissioners shall be recorded;	441

(F) Charge and collect fees pursuant to section 2303.20 of	442
the Revised Code, keep a cashbook in which the clerk shall enter	443
the amounts received, make a report to the clerk of the supreme	444
court each quarter of the fees received during the preceding	445
quarter, and pay them monthly into the state treasury;	446

(G) Appoint reporters and other clerical personnel;

447

(H) Under the direction of the chief justice, establish	448
procedures for hearing and determining appeals for an award of	449
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	450
Code.	451

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. 2743.52.  (A) The attorney general shall make awards of	480
reparations for economic loss arising from criminally injurious	481
conduct, if satisfied by a preponderance of the evidence that the	482
requirements for an award of reparations have been met.	483

(B) AThe court of claims panel of commissioners or a judge	484
of the court of claims has appellate jurisdiction to order awards	485
of reparations for economic loss arising from criminally injurious	486
conduct, if satisfied by a preponderance of the evidence that the	487
requirements for an award of reparations have been met.	488

(C) A decision of the attorney general, an order of a court	489
of claims panel of commissioners, or the judgment of a judge of	490
the court of claims concerning an OVI violation shall not be used	491
as the basis for any civil or criminal action and shall not be	492
admissible as evidence in any civil or criminal proceeding.	493

Sec. 2743.53. (A) AThe court of claims panel of	494
commissioners shall hear and determine all matters relating to	495
appeals from decisions of the attorney general pursuant to	496
sections 2743.51 to 2743.72 of the Revised Code.	497

(B) A judge of the court of claims shall hear and determine	498
all matters relating to appeals from decisions or orders of a	499
panel of commissioners of the court of claims.	500

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

(B) A court of claims panel of commissioners shall sit in	532
Franklin county.	533

Sec. 2743.60.  (A) The attorney general, a court of claims	534
panel of commissioners, or a judge of the court of claims shall	535
not make or order an award of reparations to a claimant if the	536
criminally injurious conduct upon which the claimant bases a claim	537
never was reported to a law enforcement officer or agency.	538

(B)(1) The attorney general, a panel of commissioners, or a	539
judge of the court of claims shall not make or order an award of	540
reparations to a claimant if any of the following apply:	541

(a) The claimant is the offender or an accomplice of the	542
offender who committed the criminally injurious conduct, or the	543
award would unjustly benefit the offender or accomplice.	544

(b) Except as provided in division (B)(2) of this section,	545
both of the following apply:	546

(i) The victim was a passenger in a motor vehicle and knew or	547
reasonably should have known that the driver was under the	548
influence of alcohol, a drug of abuse, or both.	549

(ii) The claimant is seeking compensation for injuries	550
proximately caused by the driver described in division	551
(B)(1)(b)(i) of this section being under the influence of alcohol,	552
a drug of abuse, or both.	553

(c) Both of the following apply:

554

(i) The victim was under the influence of alcohol, a drug of	555
abuse, or both and was a passenger in a motor vehicle and, if	556
sober, should have reasonably known that the driver was under the	557
influence of alcohol, a drug of abuse, or both.	558

(ii) The claimant is seeking compensation for injuries	559
proximately caused by the driver described in division	560
(B)(1)(b)(i) of this section being under the influence of alcohol,	561
a drug of abuse, or both.	562

(2) Division (B)(1)(b) of this section does not apply if on	563
the date of the occurrence of the criminally injurious conduct,	564
the victim was under sixteen years of age or was at least sixteen	565
years of age but less than eighteen years of age and was riding	566
with a parent, guardian, or care-provider.	567

(C) The attorney general, a panel of commissioners, or a	568
judge of the court of claims, upon a finding that the claimant or	569
victim has not fully cooperated with appropriate law enforcement	570
agencies, may deny a claim or reconsider and reduce an award of	571
reparations.	572

(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

If the claimant recoups all or part of the economic loss upon	591
which the claim is based from any other person or entity,	592
including a collateral source, the attorney general may recover	593
pursuant to section 2743.72 of the Revised Code the part of the	594
award that represents the economic loss for which the claimant	595
received the recoupment from the other person or entity.	596

(E)(1) Except as otherwise provided in division (E)(2) of	597
this section, the attorney general, a panel of commissioners, or a	598
judge of the court of claims shall not make an award to a claimant	599
if any of the following applies:	600

(a) The victim was convicted of a felony within ten years	601
prior to the criminally injurious conduct that gave rise to the	602
claim or is convicted of a felony during the pendency of the	603
claim.	604

(b) The claimant was convicted of a felony within ten years	605
prior to the criminally injurious conduct that gave rise to the	606
claim or is convicted of a felony during the pendency of the	607
claim.	608

(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

(d) The claimant was convicted of a violation of section	616
2919.22 or 2919.25 of the Revised Code, or of any state law or	617
municipal ordinance substantially similar to either section,	618
within ten years prior to the criminally injurious conduct that	619
gave rise to the claim or during the pendency of the claim.	620

(e) It is proved by a preponderance of the evidence that the	621
victim at the time of the criminally injurious conduct that gave	622
rise to the claim engaged in conduct that was a felony violation	623
of section 2925.11 of the Revised Code or engaged in any	624
substantially similar conduct that would constitute a felony under	625
the laws of this state, another state, or the United States.	626

(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

When the attorney general decides whether a claim should be	648
denied because of an allegation of contributory misconduct, the	649
burden of proof on the issue of that alleged contributory	650
misconduct shall be upon the claimant, if either of the following	651
apply:	652

(1) The victim was convicted of a felony more than ten years	653
prior to the criminally injurious conduct that is the subject of	654
the claim or has a record of felony arrests under the laws of this	655
state, another state, or the United States.	656

(2) There is good cause to believe that the victim engaged in	657
an ongoing course of criminal conduct within five years or less of	658
the criminally injurious conduct that is the subject of the claim.	659

(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

(H) If a claimant unreasonably fails to present a claim	668
timely to a source of benefits or advantages that would have been	669
a collateral source and that would have reimbursed the claimant	670
for all or a portion of a particular expense, the attorney	671
general, a panel of commissioners, or a judge of the court of	672
claims may reduce an award of reparations or deny a claim for an	673
award of reparations to the extent that it is reasonable to do so.	674

(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

(J) Nothing in this section shall be construed to prohibit an	683
award to a claimant whose claim is based on the claimant's being a	684
victim of a violation of section 2905.32 of the Revised Code if	685
the claimant was less than eighteen years of age when the	686
criminally injurious conduct occurred.	687

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

The attorney general shall reconsider the application based	719
upon evidence that is relevant to the application and issue a	720
final decision within sixty days of receiving the request for	721
reconsideration. The attorney general may extend the sixty-day	722
time limit and shall record in writing specific reasons to justify	723
the extension. The attorney general shall notify the claimant of	724
the extension and of the reasons for the extension.	725

If a claimant does not file a request for reconsideration of	726
a decision of the attorney general to make an award or to deny a	727
claim or of the amount of an award within thirty days after the	728
decision is rendered, the award, the denial of the claim, or the	729
amount of the award is final unless the attorney general in the	730
interest of justice allows the reconsideration after the	731
expiration of that period of time.	732

(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

(D)(C) Notices of an appeal concerning an award of	785
reparations shall be filed within thirty days after the date on	786
which the award or the denial of a claim is made by a final	787
decision of the attorney general. If a notice of appeal is not	788
filed within the thirty-day period, the award or denial of the	789
claim is final unless athe court of claims panel of commissioners	790
in the interests of justice allows the appeal.	791

(E) The attorney general or a claimant shall file a notice of	792
an appeal concerning an order or decision of a panel of	793
commissioners within thirty days after the date on which the award	794
or the denial of a claim is made by the panel of commissioners. If	795
the attorney general or a claimant does not file a notice of	796
appeal with respect to an award or denial within the thirty-day	797
period, the award or denial of the claim is final unless a judge	798
of the court of claims in the interests of justice allows the	799
appeal.	800

Sec. 2743.62.  (A)(1) Subject to division (A)(2) of this	801
section, there is no privilege, except the privileges arising from	802
the attorney-client relationship, as to communications or records	803
that are relevant to the physical, mental, or emotional condition	804
of the claimant or victim in a proceeding under sections 2743.51	805
to 2743.72 of the Revised Code in which that condition is an	806
element.	807

(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

(C) On request of the person examined, the attorney general	848
shall furnish the person a copy of the report. If the victim is	849
deceased, the attorney general, on request, shall furnish the	850
claimant a copy of the report.	851

(D) The attorney general, a panel of commissioners, or a	852
judge of the court of claims may require the claimant to	853
supplement the application for an award of reparations with any	854
reasonably available medical or psychological reports relating to	855
the injury for which the award of reparations is claimed.	856

(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

(1) A maximum of seven hundred twenty dollars for claims	910
resolved without the filing of an appeal to the panelcourt of	911
commissionersclaims;	912

(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

(4) A maximum of seven hundred twenty dollars for a	928
supplemental reparations application;	929

(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

(B) The attorney general may determine that an attorney be	939
reimbursed for fees incurred in the creation of a guardianship if	940
the guardianship is required in order for an individual to receive	941
an award of reparations, and those fees shall be reimbursed at a	942
rate of sixty dollars per hour.	943

(C)(1) The attorney general shall forward an application form	944
for attorney's fees to a claimant's attorney before or when the	945
final decision on a claim is rendered. The application form for	946
attorney's fees shall do all of the following:	947

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

948

(b) Require a verification statement comporting with the law	949
prohibiting falsification;	950

(c) Require an itemized fee statement;

951

(d) Require a verification statement that the claimant was	952
served a copy of the completed application form;	953

(e) Include notice that the claimant may oppose the	954
application by notifying the attorney general in writing within	955
ten days.	956

(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

(D) The attorney general shall review all application forms	967
for attorney's fees that are submitted by a claimant's attorney	968
and shall issue an order approving the amount of fees to be paid	969
to the attorney within sixty days after receipt of the application	970
form.	971

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

972

(1) Estate work or representation of a claimant against a	973
collateral source;	974

(2) Duplication of investigative work required to be	975
performed by the attorney general;	976

(3) Performance of unnecessary criminal investigation of the	977
offense;	978

(4) Presenting or appealing an issue that has been repeatedly	979
ruled upon by the highest appellate authority, unless a unique set	980
of facts or unique issue of law exists that distinguishes it;	981

(5) A fee request that is unreasonable, is not commensurate	982
with services rendered, violates the Ohio code of professional	983
responsibility, or is based upon services that are determined to	984
be frivolous.	985

(F)(1) The attorney general may reduce or deny the payment of	986
attorney's fees to an attorney who has filed a frivolous claim.	987
Subject to division (A)(5) of this section, the denial of a claim	988
on the basis of a felony conviction, felony conduct, or	989
contributory misconduct does not constitute a frivolous claim.	990

(2) As used in this section, "frivolous claim" means a claim	991
in which there is clearly no legal grounds under the existing laws	992
of this state to support the filing of a claim on behalf of the	993
claimant or victim.	994

(G) The attorney general may determine that a lesser number	995
of hours should have been required in a given case. Additional	996
reimbursement may be made where the attorney demonstrates to the	997
attorney general that the nature of the particular claim required	998
the expenditure of an amount in excess of that allowed.	999

(H) No attorney shall receive payment under this section for	1000
assisting a claimant with an application for an award of	1001
reparations under sections 2743.51 to 2743.72 of the Revised Code	1002
if that attorney's fees have been allowed as an expense in	1003
accordance with division (F)(4) of section 2743.51 of the Revised	1004
Code.	1005

(I) A contract or other agreement between an attorney and any	1006
person that provides for the payment of attorney's fees or other	1007
payments in excess of the attorney's fees allowed under this	1008
section for representing a claimant under sections 2743.51 to	1009
2743.72 of the Revised Code shall be void and unenforceable.	1010

(J) Each witness who appears in a hearing on a claim for an	1011
award of reparations shall receive compensation in an amount equal	1012
to that received by witnesses under section 119.094 of the Revised	1013
Code.	1014

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

(B) Upon the motion of the claimant, the attorney general may	1025
commute future economic loss, other than allowable expense, to a	1026
lump sum but only upon a finding that either of the following	1027
applies:	1028

(1) The award in a lump sum will promote the interests of the	1029
claimant.	1030

(2) The present value of all future economic loss, other than	1031
allowable expense, does not exceed one thousand dollars.	1032

(C) The attorney general may make an award for future	1033
economic loss payable in installments only for a period as to	1034
which future economic loss reasonably can be determined. An award	1035
for future economic loss payable in installments may be	1036
reconsidered and modified upon a finding that a material and	1037
substantial change of circumstances has occurred.	1038

(D) An award is not subject to execution, attachment,	1039
garnishment, or other process, except that, upon receipt of an	1040
award by a claimant:	1041

(1) The part of the award that is for allowable expense or	1042
funeral expense is not exempt from such action by a creditor to	1043
the extent that the creditor provided products, services, or	1044
accommodations the costs of which are included in the award.	1045

(2) The part of the award that is for work loss shall not be	1046
exempt from such action to secure payment of spousal support,	1047
other maintenance, or child support.	1048

(3) The attorney general may recover the award pursuant to	1049
section 2743.72 of the Revised Code if it is discovered that the	1050
claimant actually was not eligible for the award or that the award	1051
otherwise should not have been made under the standards and	1052
criteria set forth in sections 2743.51 to 2743.72 of the Revised	1053
Code.	1054

(4) If the claimant receives compensation from any other	1055
person or entity, including a collateral source, for an expense	1056
that is included within the award, the attorney general may	1057
recover pursuant to section 2743.72 of the Revised Code the part	1058
of the award that represents the expense for which the claimant	1059
received the compensation from the other person or entity.	1060

(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. 2743.68.  A claimant may file a supplemental reparations	1087
application in a claim if the attorney general, a court of claims	1088
panel of commissioners, or judge of the court of claims, within	1089
five years prior to the filing of the supplemental application,	1090
has made any of the following determinations:	1091

(A) That an award, supplemental award, or installment award	1092
be granted;	1093

(B) That an award, supplemental award, or installment award	1094
be conditioned or denied because of actual or potential recovery	1095
from a collateral source;	1096

(C) That an award, supplemental award, or installment award	1097
be denied because the claimant had not incurred any economic loss	1098
at that time.	1099

Sec. 2743.69. (A) The attorney general shall prepare and	1100
transmit annually to the governor, the president of the senate,	1101
the speaker of the house of representatives, and the minority	1102
leaders of both houses a report of the activities of the Ohio	1103
crime victims compensation program under sections 2743.51 to	1104
2743.72 of the Revised Code. The report shall include all of the	1105
following:	1106

(1) The number of claims filed, the number of awards made and	1107
the amount of each award, and a statistical summary of awards made	1108
and denied, including the average size of awards;	1109

(2) The balance in the reparations fund, with a listing by	1110
source and amount of the moneys that have been deposited in the	1111
fund;	1112

(3) The amount that has been withdrawn from the fund,	1113
including separate listings of the administrative costs incurred	1114
by the attorney general and athe court of claims panel of	1115
commissioners, compensation of judges and court personnel, the	1116
amount awarded as attorney's fees, and the amount of payments made	1117
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	1118
Revised Code.	1119

(B) The director of budget and management shall assist the	1120
attorney general in the preparation of the report required by this	1121
section.	1122

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

(1) Awards of reparations are limited to losses that are	1140
caused by physical injury resulting from criminally injurious	1141
conduct;	1142

(2) Reparations applications are required to be filed within	1143
two years after the date of the criminally injurious conduct if	1144
the victim was an adult, or within the period provided by division	1145
(C)(B)(1) of section 2743.56 of the Revised Code if the victim of	1146
the criminally injurious conduct was a minor;	1147

(3) An attorney who represents an applicant for an award of	1148
reparations cannot charge the applicant for the services rendered	1149
in relation to that representation but is required to apply to the	1150
attorney general for payment for the representation;	1151

(4) Applications for awards of reparations may be obtained	1152
from the attorney general, law enforcement agencies, and victim	1153
assistance agencies and are to be filed with the attorney general.	1154

(C) The attorney general may order that a reasonable amount	1155
of money be paid out of the reparations fund, subject to the	1156
limitation imposed by division (D) of this section, for use by the	1157
attorney general to publicize the availability of awards of	1158
reparations.	1159

(D) During any fiscal year, the total expenditure for the	1160
printing and providing of information cards or other materials	1161
pursuant to division (B) of this section and for the publicizing	1162
of the availability of awards of reparations pursuant to division	1163
(C) of this section shall not exceed two per cent of the total of	1164
all court costs deposited, in accordance with section 2743.70 of	1165
the Revised Code, in the reparations fund during the immediately	1166
preceding fiscal year.	1167

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