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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 471 |
REPRESENTATIVES METZGER-MASON-WOMER BENJAMIN-GARCIA-MYERS-FORD-
LUCAS-SUTTON-SALERNO-HARRIS-MAIER-COLONNA-WILSON-PADGETT-
THOMAS-PRINGLE-GRENDELL-TIBERI-REID-CATES-JOHNSON-LEWIS-
BRADING-PATTON-COUGHLIN-JONES-BENDER-OLMAN-O'BRIEN-
WESTON-OGG-MOTTLEY-MOTTL-TAVARES-ROMAN-
SENATORS BLESSING-LATTA-DiDONATO-HAGAN-CARNES-WHITE-
GARDNER-RAY
A BILL
To amend section 2743.51 of the Revised Code to permit a minor child or
surviving spouse of a deceased crime victim to receive
an award of reparations
based on a dependent's economic loss and replacement services loss even if the
child is adopted or the spouse
remarries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2743.51 of the Revised Code be amended to read as
follows:
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of
the Revised Code:
(A) "Claimant" means both of the following categories of
persons:
(1) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who was one of the following at the time of
the criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which
permit residents of this state to recover compensation as victims
of offenses committed in that country.
(b) A dependent of a deceased victim who is described in
division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(1)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(1)(a), (b), or (c) of
this section.
(2) Any of the following persons who claim an award of
reparations under sections 2743.51 to 2743.72 of the Revised
Code:
(a) A victim who had a permanent place of residence within
this state at the time of the criminally injurious conduct and
who, at the time of the criminally injurious conduct, complied
with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the
United States or of the United States coast guard or was a
full-time member of the Ohio organized militia or of the United
States army reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any
other retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of
receiving medical treatment;
(vi) Was temporarily in another state for the purpose of
performing employment-related duties required by an employer
located within this state as an express condition of employment
or employee benefits;
(vii) Was temporarily in another state for the purpose of
receiving occupational, vocational, or other job-related training
or instruction required by an employer located within this state
as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution,
college, or university located in another state;
(ix) Had not departed the geographical boundaries of this
state for a period exceeding thirty days or with the intention of
becoming a citizen of another state or establishing a permanent
place of residence in another state.
(b) A dependent of a deceased victim who is described in
division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who
legally assumes or voluntarily pays the obligations of a victim,
or of a dependent of a victim, who is described in division
(A)(2)(a) of this section, which obligations are incurred as a
result of the criminally injurious conduct that is the subject of
the claim and may include, but are not limited to, medical or
burial expenses;
(d) A person who is authorized to act on behalf of any
person who is described in division (A)(2)(a), (b), or (c) of
this section.
(B) "Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim
or claimant has received, or that is readily available to the
victim or claimant, from any of the following sources:
(1) The offender;
(2) The government of the United States or any of its
agencies, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the
victim for loss that the victim sustained because of the
criminally
injurious conduct;
(8) A contract providing prepaid hospital and other health
care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of
insurance payable to the claimant on account of the death of the
victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the
laws of another state, district, territory, or foreign country
because the victim was the victim of an offense committed in that
state, district, territory, or country.
"Collateral source" does not include any money, or the
monetary value of any property, that is subject to sections
2969.01 to 2969.06 of the Revised Code.
(C) "Criminally injurious conduct" means either of the
following:
(1) For the purposes of any person described in division
(A)(1) of this section, any conduct that occurs or is attempted
in this state; poses a substantial threat of personal injury or
death; and is punishable by fine, imprisonment, or death, or
would be so punishable but for the fact that the person engaging
in the conduct lacked capacity to commit the crime under the laws
of this state. Criminally injurious conduct does not include
conduct arising out of the ownership, maintenance, or use of a
motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle to flee immediately after committing a felony or an act
that would constitute a felony but for the fact that the person
engaging in the conduct lacked the capacity to commit the felony
under the laws of this state;
(c) The person engaging in the conduct was using the
vehicle in a manner that constitutes an OMVI violation;
(d) The conduct occurred on or after July 25, 1990, and
the person engaging in the conduct was using the vehicle in a
manner that constitutes a violation of section 2903.08 of the
Revised Code.
(2) For the purposes of any person described in division
(A)(2) of this section, any conduct that occurs or is attempted
in another state, district, territory, or foreign country; poses
a substantial threat of personal injury or death; and is
punishable by fine, imprisonment, or death, or would be so
punishable but for the fact that the person engaging in the
conduct lacked capacity to commit the crime under the laws of the
state, district, territory, or foreign country in which the
conduct occurred or was attempted. Criminally injurious conduct
does not include conduct arising out of the ownership,
maintenance, or use of a motor vehicle, except when any of the
following applies:
(a) The person engaging in the conduct intended to cause
personal injury or death;
(b) The person engaging in the conduct was using the
vehicle to flee immediately after committing a felony or an act
that would constitute a felony but for the fact that the person
engaging in the conduct lacked the capacity to commit the felony
under the laws of the state, district, territory, or foreign
country in which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the
vehicle in a manner that constitutes an OMVI violation;
(d) The conduct occurred on or after July 25, 1990, the
person engaging in the conduct was using the vehicle in a manner
that constitutes a violation of any law of the state, district,
territory, or foreign country in which the conduct occurred, and
that law is substantially similar to a violation of section
2903.08 of the Revised Code.
(D) "Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a
child of the victim born after the victim's death.
(E) "Economic loss" means economic detriment consisting
only of allowable expense, work loss, funeral expense,
unemployment benefits loss, and replacement services loss. If
criminally injurious conduct causes death, economic loss includes
a dependent's economic loss and a dependent's replacement
services loss. Noneconomic detriment is not economic loss;
however, economic loss may be caused by pain and suffering or
physical impairment.
(F) "Allowable expense" means reasonable charges incurred
for reasonably needed products, services, and accommodations,
including those for medical care, rehabilitation, rehabilitative
occupational training, and other remedial treatment and care and
including replacement costs for eyeglasses and other corrective
lenses. It does not include that portion of a charge for a room
in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required.
(G) "Work loss" means loss of income from work that the
injured person would have performed if the person had not
been injured
and expenses reasonably incurred by the person to obtain
services in
lieu of those the person would have performed for income,
reduced by any
income from substitute work actually performed by the
person, or by
income the person would have earned in available appropriate
substitute
work that the person was capable of performing but
unreasonably failed to
undertake.
(H) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income,
but for the benefit of the person's self or
family, if the person had not been
injured.
(I) "Dependent's economic loss" means loss after a
victim's death of contributions of things of economic value to
the victim's dependents, not including services they would
have received
from the victim if the victim had not suffered the fatal
injury, less expenses of the dependents avoided by reason of the victim's
death. IF A MINOR CHILD OF A VICTIM IS ADOPTED AFTER THE VICTIM'S DEATH,
THE MINOR CHILD CONTINUES AFTER THE ADOPTION TO INCUR A DEPENDENT'S ECONOMIC
LOSS AS A RESULT OF THE VICTIM'S DEATH. IF THE SURVIVING SPOUSE OF A VICTIM
REMARRIES, THE SURVIVING SPOUSE CONTINUES AFTER THE REMARRIAGE TO INCUR A
DEPENDENT'S ECONOMIC LOSS AS A RESULT OF THE VICTIM'S DEATH.
(J) "Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if the victim
had not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in
calculating the dependent's economic loss. IF A MINOR CHILD OF A VICTIM IS
ADOPTED AFTER THE VICTIM'S DEATH, THE MINOR CHILD CONTINUES AFTER THE ADOPTION
TO INCUR A DEPENDENT'S REPLACEMENT SERVICES LOSS AS A RESULT OF THE VICTIM'S
DEATH. IF THE SURVIVING SPOUSE OF A VICTIM REMARRIES, THE SURVIVING SPOUSE
CONTINUES AFTER THE REMARRIAGE TO INCUR A DEPENDENT'S REPLACEMENT SERVICES
LOSS AS A RESULT OF THE VICTIM'S DEATH.
(K) "Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.
(L) "Victim" means a person who suffers personal injury or
death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent
criminally injurious conduct;
(3) The good faith effort of any person to apprehend a
person suspected of engaging in criminally injurious conduct.
(M) "Contributory misconduct" means any conduct of the
claimant or of the victim through whom the claimant claims an
award of reparations that is unlawful or intentionally tortious
and that, without regard to the conduct's proximity in time or
space to the criminally injurious conduct, has a causal
relationship to the criminally injurious conduct that is the
basis of the claim.
(N) "Funeral expense" means any reasonable charges that
are not in excess of two thousand five hundred dollars and that
are incurred for expenses directly related to the victim's
funeral, cremation, or burial.
(O) "Unemployment benefits loss" means a loss of
unemployment benefits pursuant to Chapter 4141. of the Revised
Code when the loss arises solely from the inability of a victim
to meet the able to work, available for suitable work, or the
actively seeking suitable work requirements of division (A)(4)(a)
of section 4141.29 of the Revised Code.
(P) "OMVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of
any municipal ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or of any municipal ordinance prohibiting
the operation of a vehicle with a prohibited concentration of
alcohol in the blood, breath, or urine;
(2) A violation of section 2903.06 of the Revised Code, if
the offender was under the influence of alcohol, a drug of abuse,
or alcohol and a drug of abuse, at the time of the commission of
the offense;
(3) A violation of section 2903.07 of the Revised Code or
of a municipal ordinance substantially similar to that section,
if the offender was under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, at the time of the
commission of the offense;
(4) For purposes of any person described in division
(A)(2) of this section, a violation of any law of the state,
district, territory, or foreign country in which the criminally
injurious conduct occurred, if that law is substantially similar
to a violation described in division (P)(1) of this section or if
that law is substantially similar to a violation described in
division (P)(2) or (3) of this section and the offender was under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, at the time of the commission of the offense.
(Q) "Pendency of the claim" for an original reparations
application or supplemental reparations application means the period of time
from the date the criminally injurious conduct upon which the application is
based occurred until the date a final order from the court of
claims concerning that original reparations application or supplemental
reparations application is issued.
Section 2. That existing section 2743.51 of the Revised Code is hereby
repealed.
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