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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 523 |
REPRESENTATIVES SALERNO-BRITTON-CAREY-CORBIN-GARCIA-GARDNER-JONES-
MOTTLEY-PRINGLE-SULZER-TAYLOR-THOMAS-WILLIAMS-WOMER BENJAMIN
A BILL
To amend sections 2743.51 and 2743.56 of the Revised
Code to increase the amount of recoverable funeral expenses under the Crime
Victims Reparations Law and to revise the
information an applicant must submit
in an application for a reparations award
under that Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51 and 2743.56 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.
(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.
(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 FIVE thousand five hundred
dollars PER FUNERAL and that
are incurred for expenses directly related to the A 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.
Sec. 2743.56. (A) A claim for an award of reparations
shall be commenced by filing an application for an award of
reparations with the clerk of the court of claims or in the court
of common pleas pursuant to division (B) of this section.
(B) A claimant who files for an award of reparations in a
court of common pleas shall file in the court of common pleas of
the county of his THE CLAIMANT'S residence or, if he
THE CLAIMANT is not a resident of this
state, in the court of common pleas of the county in which the
criminally injurious conduct that is the basis of the application
took place. Each application shall be accompanied by a filing
fee of seven dollars and fifty cents unless waived pursuant to
division (B) of section 2743.57 of the Revised Code. The
application shall be in a form prescribed by the clerk of the
court of claims, and shall contain the following information:
(1) The name and address of the victim of the criminally
injurious conduct, the name and address of the claimant, and the
relationship of the claimant to the victim;
(2) If the victim is deceased, the name and address of
each dependent of the victim and the extent to which each is
dependent upon the victim for care and support;
(3) The nature of the criminally injurious conduct that is
the basis for the claim and the date on which the conduct
occurred;
(4)(3) The law enforcement agency or officer to whom the
criminally injurious conduct was reported and the date on which
it was reported;
(5)(4) The nature and extent of the injuries that the victim
sustained from the criminally injurious conduct, the name and
address of any person who gave medical treatment to the victim
for the injuries, the name and address of any hospital or similar
institution where the victim received medical treatment for the
injuries, and whether the victim died as a result of the
injuries;
(6)(5) The TYPE OF economic loss that the victim, a
dependent, or the
claimant sustained as a result of the criminally injurious
conduct;
(7) The amount of benefits or advantages that the victim,
a dependent, or the claimant has received or is entitled to
receive from any collateral source for economic loss that
resulted from the criminally injurious conduct and the name of
each collateral source;
(8)(6) A release authorizing the court of claims, the court
of claims commissioners, and the staff of the attorney general to
obtain any report, document, or information that relates to the
determination of the claim for an award of reparations that is
requested in the application;
(9)(7) Any information that the clerk of the court of claims
requires and that is reasonably related to an application for an
award of reparations. The clerk of the court of claims may
require the claimant to submit with the application materials to
substantiate the facts that are stated in the application.
(C) All applications for an award of reparations shall be
filed as follows:
(1) If the victim of the criminally injurious conduct was
a minor, within two years from the date a complaint, indictment,
or information is filed against the alleged offender. This
division does not require that a complaint, indictment, or
information be filed against an alleged offender in order for an
application for an award of reparations to be filed pertaining to
a victim who was a minor, and does not affect the provisions of
section 2743.64 of the Revised Code. This division applies to
all applications for an award of reparations filed on or after
March 11, 1987, and to any application for an award of
reparations filed before March 11, 1987, for which an award or
denial of the claim is not final within the meaning of division
(B) of section 2743.61 of the Revised Code.
(2) If the victim of the criminally injurious conduct was
an adult, within two years after the occurrence of the criminally
injurious conduct.
Section 2. That existing sections 2743.51 and 2743.56
of the Revised Code are hereby repealed.
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