As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 318

Senator Tavares 

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A BILL

To amend sections 2743.51, 2743.56, and 2743.71 of

1

the Revised Code to allow an award of reparations

2

for psychiatric care and counseling to all

3

immediate family members of a crime victim and to

4

extend the time within which a minor victim of

5

crime may file a claim for reparations.

6

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

Section 1. That sections 2743.51, 2743.56, and 2743.71 of the	7
Revised Code be amended to read as follows:	8

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	9
Revised Code:	10

(A) "Claimant" means both of the following categories of	11
persons:	12

(1) Any of the following persons who claim an award of	13
reparations under sections 2743.51 to 2743.72 of the Revised Code:	14

(a) A victim who was one of the following at the time of the	15
criminally injurious conduct:	16

(i) A resident of the United States;

17

(ii) A resident of a foreign country the laws of which permit	18
residents of this state to recover compensation as victims of	19
offenses committed in that country.	20

(b) A dependent of a deceased victim who is described in	21
division (A)(1)(a) of this section;	22

(c) A third person, other than a collateral source, who	23
legally assumes or voluntarily pays the obligations of a victim,	24
or of a dependent of a victim, who is described in division	25
(A)(1)(a) of this section, which obligations are incurred as a	26
result of the criminally injurious conduct that is the subject of	27
the claim and may include, but are not limited to, medical or	28
burial expenses;	29

(d) A person who is authorized to act on behalf of any person	30
who is described in division (A)(1)(a), (b), or (c) of this	31
section;	32

(e) The estate of a deceased victim who is described in	33
division (A)(1)(a) of this section.	34

(2) Any of the following persons who claim an award of	35
reparations under sections 2743.51 to 2743.72 of the Revised Code:	36

(a) A victim who had a permanent place of residence within	37
this state at the time of the criminally injurious conduct and	38
who, at the time of the criminally injurious conduct, complied	39
with any one of the following:	40

(i) Had a permanent place of employment in this state;

41

(ii) Was a member of the regular armed forces of the United	42
States or of the United States coast guard or was a full-time	43
member of the Ohio organized militia or of the United States army	44
reserve, naval reserve, or air force reserve;	45

(iii) Was retired and receiving social security or any other	46
retirement income;	47

(iv) Was sixty years of age or older;

48

(v) Was temporarily in another state for the purpose of	49
receiving medical treatment;	50

(vi) Was temporarily in another state for the purpose of	51
performing employment-related duties required by an employer	52
located within this state as an express condition of employment or	53
employee benefits;	54

(vii) Was temporarily in another state for the purpose of	55
receiving occupational, vocational, or other job-related training	56
or instruction required by an employer located within this state	57
as an express condition of employment or employee benefits;	58

(viii) Was a full-time student at an academic institution,	59
college, or university located in another state;	60

(ix) Had not departed the geographical boundaries of this	61
state for a period exceeding thirty days or with the intention of	62
becoming a citizen of another state or establishing a permanent	63
place of residence in another state.	64

(b) A dependent of a deceased victim who is described in	65
division (A)(2)(a) of this section;	66

(c) A third person, other than a collateral source, who	67
legally assumes or voluntarily pays the obligations of a victim,	68
or of a dependent of a victim, who is described in division	69
(A)(2)(a) of this section, which obligations are incurred as a	70
result of the criminally injurious conduct that is the subject of	71
the claim and may include, but are not limited to, medical or	72
burial expenses;	73

(d) A person who is authorized to act on behalf of any person	74
who is described in division (A)(2)(a), (b), or (c) of this	75
section;	76

(e) The estate of a deceased victim who is described in	77
division (A)(2)(a) of this section.	78

(B) "Collateral source" means a source of benefits or	79
advantages for economic loss otherwise reparable that the victim	80
or claimant has received, or that is readily available to the	81
victim or claimant, from any of the following sources:	82

(1) The offender;

83

(2) The government of the United States or any of its	84
agencies, a state or any of its political subdivisions, or an	85
instrumentality of two or more states, unless the law providing	86
for the benefits or advantages makes them excess or secondary to	87
benefits under sections 2743.51 to 2743.72 of the Revised Code;	88

(3) Social security, medicare, and medicaid;

89

(4) State-required, temporary, nonoccupational disability	90
insurance;	91

(5) Workers' compensation;

92

(6) Wage continuation programs of any employer;

93

(7) Proceeds of a contract of insurance payable to the victim	94
for loss that the victim sustained because of the criminally	95
injurious conduct;	96

(8) A contract providing prepaid hospital and other health	97
care services, or benefits for disability;	98

(9) That portion of the proceeds of all contracts of	99
insurance payable to the claimant on account of the death of the	100
victim that exceeds fifty thousand dollars;	101

(10) Any compensation recovered or recoverable under the laws	102
of another state, district, territory, or foreign country because	103
the victim was the victim of an offense committed in that state,	104
district, territory, or country.	105

"Collateral source" does not include any money, or the	106
monetary value of any property, that is subject to sections	107
2969.01 to 2969.06 of the Revised Code or that is received as a	108
benefit from the Ohio public safety officers death benefit fund	109
created by section 742.62 of the Revised Code.	110

(C) "Criminally injurious conduct" means one of the	111
following:	112

(1) For the purposes of any person described in division	113
(A)(1) of this section, any conduct that occurs or is attempted in	114
this state; poses a substantial threat of personal injury or	115
death; and is punishable by fine, imprisonment, or death, or would	116
be so punishable but for the fact that the person engaging in the	117
conduct lacked capacity to commit the crime under the laws of this	118
state. Criminally injurious conduct does not include conduct	119
arising out of the ownership, maintenance, or use of a motor	120
vehicle, except when any of the following applies:	121

(a) The person engaging in the conduct intended to cause	122
personal injury or death;	123

(b) The person engaging in the conduct was using the vehicle	124
to flee immediately after committing a felony or an act that would	125
constitute a felony but for the fact that the person engaging in	126
the conduct lacked the capacity to commit the felony under the	127
laws of this state;	128

(c) The person engaging in the conduct was using the vehicle	129
in a manner that constitutes an OVI violation;	130

(d) The conduct occurred on or after July 25, 1990, and the	131
person engaging in the conduct was using the vehicle in a manner	132
that constitutes a violation of section 2903.08 of the Revised	133
Code;	134

(e) The person engaging in the conduct acted in a manner that	135
caused serious physical harm to a person and that constituted a	136
violation of section 4549.02 or 4549.021 of the Revised Code.	137

(2) For the purposes of any person described in division	138
(A)(2) of this section, any conduct that occurs or is attempted in	139
another state, district, territory, or foreign country; poses a	140
substantial threat of personal injury or death; and is punishable	141
by fine, imprisonment, or death, or would be so punishable but for	142
the fact that the person engaging in the conduct lacked capacity	143
to commit the crime under the laws of the state, district,	144
territory, or foreign country in which the conduct occurred or was	145
attempted. Criminally injurious conduct does not include conduct	146
arising out of the ownership, maintenance, or use of a motor	147
vehicle, except when any of the following applies:	148

(a) The person engaging in the conduct intended to cause	149
personal injury or death;	150

(b) The person engaging in the conduct was using the vehicle	151
to flee immediately after committing a felony or an act that would	152
constitute a felony but for the fact that the person engaging in	153
the conduct lacked the capacity to commit the felony under the	154
laws of the state, district, territory, or foreign country in	155
which the conduct occurred or was attempted;	156

(c) The person engaging in the conduct was using the vehicle	157
in a manner that constitutes an OVI violation;	158

(d) The conduct occurred on or after July 25, 1990, the	159
person engaging in the conduct was using the vehicle in a manner	160
that constitutes a violation of any law of the state, district,	161
territory, or foreign country in which the conduct occurred, and	162
that law is substantially similar to a violation of section	163
2903.08 of the Revised Code;	164

(e) The person engaging in the conduct acted in a manner that	165
caused serious physical harm to a person and that constituted a	166
violation of any law of the state, district, territory, or foreign	167
country in which the conduct occurred, and that law is	168
substantially similar to section 4549.02 or 4549.021 of the	169
Revised Code.	170

(3) For the purposes of any person described in division	171
(A)(1) or (2) of this section, terrorism that occurs within or	172
outside the territorial jurisdiction of the United States.	173

(D) "Dependent" means an individual wholly or partially	174
dependent upon the victim for care and support, and includes a	175
child of the victim born after the victim's death.	176

(E) "Economic loss" means economic detriment consisting only	177
of allowable expense, work loss, funeral expense, unemployment	178
benefits loss, replacement services loss, cost of crime scene	179
cleanup, and cost of evidence replacement. If criminally injurious	180
conduct causes death, economic loss includes a dependent's	181
economic loss and a dependent's replacement services loss.	182
Noneconomic detriment is not economic loss; however, economic loss	183
may be caused by pain and suffering or physical impairment.	184

(F)(1) "Allowable expense" means reasonable charges incurred	185
for reasonably needed products, services, and accommodations,	186
including those for medical care, rehabilitation, rehabilitative	187
occupational training, and other remedial treatment and care and	188
including replacement costs for hearing aids; dentures, retainers,	189
and other dental appliances; canes, walkers, and other mobility	190
tools; and eyeglasses and other corrective lenses. It does not	191
include that portion of a charge for a room in a hospital, clinic,	192
convalescent home, nursing home, or any other institution engaged	193
in providing nursing care and related services in excess of a	194
reasonable and customary charge for semiprivate accommodations,	195
unless accommodations other than semiprivate accommodations are	196
medically required.	197

(2) An immediate family member of a victim of criminally	198
injurious conduct that consists of a homicide, a sexual assault,	199
domestic violence, or a severe and permanent incapacitating injury	200
resulting in paraplegia or a similar life-altering condition, who	201
requires psychiatric care or counseling as a result of the	202
criminally injurious conduct, may be reimbursed for that care or	203
counseling as an allowable expense through the victim's	204
application. The cumulative allowable expense for care or	205
counseling of that nature shall not exceed two thousand five	206
hundred dollars for each immediate family member of a victim of	207
that type and seven thousand five hundred dollars in the aggregate	208
for all immediate family members of a victim of that type.	209

(3) A family member of a victim who died as a proximate	210
result of criminally injurious conduct may be reimbursed as an	211
allowable expense through the victim's application for wages lost	212
and travel expenses incurred in order to attend criminal justice	213
proceedings arising from the criminally injurious conduct. The	214
cumulative allowable expense for wages lost and travel expenses	215
incurred by a family member to attend criminal justice proceedings	216
shall not exceed five hundred dollars for each family member of	217
the victim and two thousand dollars in the aggregate for all	218
family members of the victim.	219

(4)(a) "Allowable expense" includes reasonable expenses and	220
fees necessary to obtain a guardian's bond pursuant to section	221
2109.04 of the Revised Code when the bond is required to pay an	222
award to a fiduciary on behalf of a minor or other incompetent.	223

(b) "Allowable expense" includes attorney's fees not	224
exceeding one thousand dollars, at a rate not exceeding one	225
hundred dollars per hour, incurred to successfully obtain a	226
restraining order, custody order, or other order to physically	227
separate a victim from an offender. Attorney's fees for the	228
services described in this division may include an amount for	229
reasonable travel time incurred to attend court hearings, not	230
exceeding three hours' round-trip for each court hearing, assessed	231
at a rate not exceeding thirty dollars per hour.	232

(G) "Work loss" means loss of income from work that the	233
injured person would have performed if the person had not been	234
injured and expenses reasonably incurred by the person to obtain	235
services in lieu of those the person would have performed for	236
income, reduced by any income from substitute work actually	237
performed by the person, or by income the person would have earned	238
in available appropriate substitute work that the person was	239
capable of performing but unreasonably failed to undertake.	240

(H) "Replacement services loss" means expenses reasonably	241
incurred in obtaining ordinary and necessary services in lieu of	242
those the injured person would have performed, not for income, but	243
for the benefit of the person's self or family, if the person had	244
not been injured.	245

(I) "Dependent's economic loss" means loss after a victim's	246
death of contributions of things of economic value to the victim's	247
dependents, not including services they would have received from	248
the victim if the victim had not suffered the fatal injury, less	249
expenses of the dependents avoided by reason of the victim's	250
death. If a minor child of a victim is adopted after the victim's	251
death, the minor child continues after the adoption to incur a	252
dependent's economic loss as a result of the victim's death. If	253
the surviving spouse of a victim remarries, the surviving spouse	254
continues after the remarriage to incur a dependent's economic	255
loss as a result of the victim's death.	256

(J) "Dependent's replacement services loss" means loss	257
reasonably incurred by dependents after a victim's death in	258
obtaining ordinary and necessary services in lieu of those the	259
victim would have performed for their benefit if the victim had	260
not suffered the fatal injury, less expenses of the dependents	261
avoided by reason of the victim's death and not subtracted in	262
calculating the dependent's economic loss. If a minor child of a	263
victim is adopted after the victim's death, the minor child	264
continues after the adoption to incur a dependent's replacement	265
services loss as a result of the victim's death. If the surviving	266
spouse of a victim remarries, the surviving spouse continues after	267
the remarriage to incur a dependent's replacement services loss as	268
a result of the victim's death.	269

(K) "Noneconomic detriment" means pain, suffering,	270
inconvenience, physical impairment, or other nonpecuniary damage.	271

(L) "Victim" means a person who suffers personal injury or	272
death as a result of any of the following:	273

(1) Criminally injurious conduct;

274

(2) The good faith effort of any person to prevent criminally	275
injurious conduct;	276

(3) The good faith effort of any person to apprehend a person	277
suspected of engaging in criminally injurious conduct.	278

(M) "Contributory misconduct" means any conduct of the	279
claimant or of the victim through whom the claimant claims an	280
award of reparations that is unlawful or intentionally tortious	281
and that, without regard to the conduct's proximity in time or	282
space to the criminally injurious conduct, has a causal	283
relationship to the criminally injurious conduct that is the basis	284
of the claim.	285

(N)(1) "Funeral expense" means any reasonable charges that	286
are not in excess of seven thousand five hundred dollars per	287
funeral and that are incurred for expenses directly related to a	288
victim's funeral, cremation, or burial and any wages lost or	289
travel expenses incurred by a family member of a victim in order	290
to attend the victim's funeral, cremation, or burial.	291

(2) An award for funeral expenses shall be applied first to	292
expenses directly related to the victim's funeral, cremation, or	293
burial. An award for wages lost or travel expenses incurred by a	294
family member of the victim shall not exceed five hundred dollars	295
for each family member and shall not exceed in the aggregate the	296
difference between seven thousand five hundred dollars and	297
expenses that are reimbursed by the program and that are directly	298
related to the victim's funeral, cremation, or burial.	299

(O) "Unemployment benefits loss" means a loss of unemployment	300
benefits pursuant to Chapter 4141. of the Revised Code when the	301
loss arises solely from the inability of a victim to meet the able	302
to work, available for suitable work, or the actively seeking	303
suitable work requirements of division (A)(4)(a) of section	304
4141.29 of the Revised Code.	305

(P) "OVI violation" means any of the following:

306

(1) A violation of section 4511.19 of the Revised Code, of	307
any municipal ordinance prohibiting the operation of a vehicle	308
while under the influence of alcohol, a drug of abuse, or a	309
combination of them, or of any municipal ordinance prohibiting the	310
operation of a vehicle with a prohibited concentration of alcohol,	311
a controlled substance, or a metabolite of a controlled substance	312
in the whole blood, blood serum or plasma, breath, or urine;	313

(2) A violation of division (A)(1) of section 2903.06 of the	314
Revised Code;	315

(3) A violation of division (A)(2), (3), or (4) of section	316
2903.06 of the Revised Code or of a municipal ordinance	317
substantially similar to any of those divisions, if the offender	318
was under the influence of alcohol, a drug of abuse, or a	319
combination of them, at the time of the commission of the offense;	320

(4) For purposes of any person described in division (A)(2)	321
of this section, a violation of any law of the state, district,	322
territory, or foreign country in which the criminally injurious	323
conduct occurred, if that law is substantially similar to a	324
violation described in division (P)(1) or (2) of this section or	325
if that law is substantially similar to a violation described in	326
division (P)(3) of this section and the offender was under the	327
influence of alcohol, a drug of abuse, or a combination of them,	328
at the time of the commission of the offense.	329

(Q) "Pendency of the claim" for an original reparations	330
application or supplemental reparations application means the	331
period of time from the date the criminally injurious conduct upon	332
which the application is based occurred until the date a final	333
decision, order, or judgment concerning that original reparations	334
application or supplemental reparations application is issued.	335

(R) "Terrorism" means any activity to which all of the	336
following apply:	337

(1) The activity involves a violent act or an act that is	338
dangerous to human life.	339

(2) The act described in division (R)(1) of this section is	340
committed within the territorial jurisdiction of the United States	341
and is a violation of the criminal laws of the United States, this	342
state, or any other state or the act described in division (R)(1)	343
of this section is committed outside the territorial jurisdiction	344
of the United States and would be a violation of the criminal laws	345
of the United States, this state, or any other state if committed	346
within the territorial jurisdiction of the United States.	347

(3) The activity appears to be intended to do any of the	348
following:	349

(a) Intimidate or coerce a civilian population;

350

(b) Influence the policy of any government by intimidation or	351
coercion;	352

(c) Affect the conduct of any government by assassination or	353
kidnapping.	354

(4) The activity occurs primarily outside the territorial	355
jurisdiction of the United States or transcends the national	356
boundaries of the United States in terms of the means by which the	357
activity is accomplished, the person or persons that the activity	358
appears intended to intimidate or coerce, or the area or locale in	359
which the perpetrator or perpetrators of the activity operate or	360
seek asylum.	361

(S) "Transcends the national boundaries of the United States"	362
means occurring outside the territorial jurisdiction of the United	363
States in addition to occurring within the territorial	364
jurisdiction of the United States.	365

(T) "Cost of crime scene cleanup" means any of the following:

366

(1) The replacement cost for items of clothing removed from a	367
victim in order to make an assessment of possible physical harm or	368
to treat physical harm;	369

(2) Reasonable and necessary costs of cleaning the scene and	370
repairing, for the purpose of personal security, property damaged	371
at the scene where the criminally injurious conduct occurred, not	372
to exceed seven hundred fifty dollars in the aggregate per claim.	373

(U) "Cost of evidence replacement" means costs for	374
replacement of property confiscated for evidentiary purposes	375
related to the criminally injurious conduct, not to exceed seven	376
hundred fifty dollars in the aggregate per claim.	377

(V) "Provider" means any person who provides a victim or	378
claimant with a product, service, or accommodations that are an	379
allowable expense or a funeral expense.	380

(W) "Immediate family member" means aneither of the	381
following:	382

(1) An individual who resided in the same permanent household	383
as a victim at the time of the criminally injurious conduct and	384
who is related to the victim by affinity or consanguinity;	385

(2) A spouse, parent, child, sibling, grandparent, or	386
grandchild of the victim.	387

(X) "Family member" means an individual who is related to a	388
victim by affinity or consanguinity.	389

Sec. 2743.56.  (A) A claim for an award of reparations shall	390
be commenced by filing an application for an award of reparations	391
with the attorney general. The application may be filed by mail.	392
If the application is filed by mail, the post-marked date of the	393
application shall be considered the filing date of the	394
application. The application shall be in a form prescribed by the	395
attorney general and shall include a release authorizing the	396
attorney general and the court of claims to obtain any report,	397
document, or information that relates to the determination of the	398
claim for an award of reparations that is requested in the	399
application.	400

(B) All applicationsAn application for an award of	401
reparations shallmay be filed as follows:	402

(1) If the victim of the criminally injurious conduct was a	403
minor, within two years of the victim's eighteenth birthday or	404
within two years from the date a complaint, indictment, or	405
information is filed against the alleged offender, whichever is	406
later. This division does not require that a complaint,	407
indictment, or information be filed against an alleged offender in	408
order for an application for an award of reparations to be filed	409
pertaining to a victim who was a minor if the application is filed	410
within two years of the victim's eighteenth birthday, and does not	411
affect the provisions of section 2743.64 of the Revised Code.	412

(2) If the victim of the criminally injurious conduct was an	413
adult, at any time after the occurrence of the criminally	414
injurious conduct.	415

Sec. 2743.71.  (A) Any law enforcement agency that	416
investigates, and any prosecuting attorney, city director of law,	417
village solicitor, or similar prosecuting authority who	418
prosecutes, an offense committed in this state shall, upon first	419
contact with the victim or the victim's family or dependents, give	420
the victim or the victim's family or dependents a copy of an	421
information card or other printed material provided by the	422
attorney general pursuant to division (B) of this section and	423
explain, upon request, the information on the card or material to	424
the victim or the victim's family or dependents.	425

(B) The attorney general shall have printed, and shall	426
provide to law enforcement agencies, prosecuting attorneys, city	427
directors of law, village solicitors, and similar prosecuting	428
authorities, cards or other materials that contain information	429
explaining awards of reparations. The information on the cards or	430
other materials shall include, but shall not be limited to, the	431
following statements:	432

(1) Awards of reparations are limited to losses that are	433
caused by physical injury resulting from criminally injurious	434
conduct;	435

(2) Reparations applications are required tomay be filed	436
within two yearsat any time after the dateoccurrence of the	437
criminally injurious conduct if the victim was an adult, or within	438
the period provided by division (C)(1) of section 2743.56 of the	439
Revised Code if the victim of the criminally injurious conduct was	440
a minor;	441

(3) An attorney who represents an applicant for an award of	442
reparations cannot charge the applicant for the services rendered	443
in relation to that representation but is required to apply to the	444
attorney general for payment for the representation;	445

(4) Applications for awards of reparations may be obtained	446
from the attorney general, law enforcement agencies, and victim	447
assistance agencies and are to be filed with the attorney general.	448

(C) The attorney general may order that a reasonable amount	449
of money be paid out of the reparations fund, subject to the	450
limitation imposed by division (D) of this section, for use by the	451
attorney general to publicize the availability of awards of	452
reparations.	453

(D) During any fiscal year, the total expenditure for the	454
printing and providing of information cards or other materials	455
pursuant to division (B) of this section and for the publicizing	456
of the availability of awards of reparations pursuant to division	457
(C) of this section shall not exceed two per cent of the total of	458
all court costs deposited, in accordance with section 2743.70 of	459
the Revised Code, in the reparations fund during the immediately	460
preceding fiscal year.	461

Section 2. That existing sections 2743.51, 2743.56, and	462
2743.71 of the Revised Code are hereby repealed.	463