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As Passed by the Senate
122nd General Assembly
|Sub. H. B. No. 547|
SENATORS OELSLAGER-B. JOHNSON-LATTA-CUPP-WATTS-NEIN-
To amend section 2307.60 of the Revised Code to expand
the bar against the recovery of damages in tort actions
commenced by criminal
offenders to include misdemeanors that
are offenses of
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2307.60 of the Revised Code be
amended to read as follows:
Sec. 2307.60. (A) Anyone injured in person or property by a
criminal act has, and
may recover full damages in, a civil action unless specifically excepted by
law, may recover the costs of maintaining the civil action and attorney's fees
if authorized by any provision of the Rules of Civil Procedure or another
of the Revised Code or under the common law of this state, and may recover
punitive or exemplary damages if authorized by section 2315.21 or another
section of the Revised Code. A record of a conviction, unless
obtained by confession in open court, shall not be used as evidence in a civil
action brought pursuant to division (A) of this section.
(B)(1) As used in division (B) of this section:
(a) "Harm" means injury, death, or loss to person or property.
(b) "Tort action" means a civil action for damages for injury, death, or loss
to person or property
. "Tort action" includes a product liability
claim but does not include OTHER THAN a civil action
for damages for a breach of contract or another agreement between
persons. "TORT ACTION" INCLUDES, BUT IS NOT LIMITED TO, A PRODUCT
LIABILITY CLAIM, AN ACTION FOR WRONGFUL DEATH UNDER CHAPTER 2125.
of the Revised Code, AND AN ACTION BASED ON DERIVATIVE CLAIMS FOR RELIEF.
(c) "Trier of fact" means the jury or, in a nonjury action, the court.
(2) Recovery on a claim for relief in a tort action is barred to any
or the person's legal representative if the person has been convicted of or
has pleaded guilty to a felony
offense, OR TO A MISDEMEANOR
THAT IS AN OFFENSE OF VIOLENCE, arising out of criminal conduct
was a proximate cause of the injury or loss for which relief is claimed in the
(3) Division (B) of this section does not apply
to civil claims based upon alleged intentionally tortious conduct, alleged
violations of the United States Constitution, or alleged
violations of statutes of the United States pertaining to civil rights.
Section 2. That existing section 2307.60 of the Revised
Code is hereby repealed.