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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 153 |
SENATORS SPADA-LATTA-CUPP-BRADY-DRAKE-KEARNS-OELSLAGER-
WACHTMANN-WATTS-NEIN-HAGAN-ESPY-GARDNER
A BILL
To amend sections 2743.191, 2743.51, 2743.52, 2743.53, 2743.54,
2743.55, 2743.56, 2743.58, 2743.59, 2743.60, 2743.61,
2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.68, 2743.69,
2743.71, 2743.72, and 2907.28, to enact new section 2743.67 and sections
2743.521 and 2743.711, and to repeal sections 2743.57 and 2743.67 of the
Revised Code to transfer from
the Court of Claims to the Attorney General as of July 1, 2000, the
responsibility to
make awards of reparations under the Crime Victims Reparations
Law; to expand the
benefits available under that law to also include reimbursement
for crime scene cleanup and property destroyed by evidence
collection; to eliminate the filing fee for an application requesting an
award of reparations under that law; to make other changes in that law; and to
make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.191, 2743.51, 2743.52, 2743.53,
2743.54, 2743.55, 2743.56, 2743.58, 2743.59, 2743.60,
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.68,
2743.69, 2743.71, 2743.72, and 2907.28 be amended and new section 2743.67 and
sections
2743.521 and 2743.711 of the Revised Code be enacted to read as
follows:
Sec. 2743.191. (A) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
payment of awards of reparations that are granted by the court of
claims commissioners ATTORNEY GENERAL, the compensation of the
court of claims
commissioners, the compensation of judges necessary to hear and
determine appeals from the commissioners, the compensation of any
personnel needed by the court of claims ATTORNEY GENERAL AND THE
COURT OF CLAIMS to
administer sections
2743.51 to 2743.72 of the Revised Code, the compensation of
witnesses as provided in division (B) of section 2743.65 of the
Revised Code, other administrative costs of hearing and
determining claims for an award of reparations by the court of
claims commissioners and ATTORNEY GENERAL, OTHER ADMINISTRATIVE
COSTS of hearing and
determining appeals from
the BY A COURT OF CLAIMS PANEL OF commissioners AND by
A JUDGE OF the court of
claims, the costs of
administering sections 2907.29 AND 2969.01 to 2969.06 of the
Revised Code,
the costs of investigation and recommendation DECISION-MAKING as
certified by the
attorney general, the provision of state financial assistance to
victim assistance programs in accordance with sections 109.91 and
109.92 of the Revised Code,
THE COSTS OF PAYING THE EXPENSES
OF SEX OFFENSE-RELATED EXAMINATIONS AND ANTIBIOTICS PURSUANT TO
SECTION 2907.28 OF THE REVISED CODE,
the cost of printing and distributing
the pamphlet prepared by the attorney general pursuant to section
109.42 of the Revised Code, and, subject to division (D) of
section 2743.71 of the Revised Code, the costs associated with
the printing and providing of information cards or other printed
materials to law enforcement agencies and prosecuting authorities
and with publicizing the availability of awards of reparations
pursuant to section 2743.71 of the Revised Code. All costs paid
pursuant to section 2743.70 of the Revised Code, the fifty-dollar
portions of license reinstatement fees mandated by division
(L)(2)(b) of section 4511.191 of the Revised Code to be credited
to the fund, the portions of the proceeds of the sale of a
forfeited vehicle specified in division (D)(2) of section
4503.234 of the Revised Code, payments
collected by the department of rehabilitation and correction from prisoners
who voluntarily participate in an approved work and training program pursuant
to division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and all moneys
collected by the
state pursuant to its right of subrogation provided in section
2743.72 of the Revised Code shall be deposited in the fund.
(B) In making an award of reparations, a single
commissioner or a panel of court of claims commissioners THE ATTORNEY
GENERAL shall
render the award against the state and the director of budget and
management as its agent for payment of the award. The award
shall be accomplished only through the following procedure, which
AND THE FOLLOWING PROCEDURE
may be enforced by writ of mandamus directed to the appropriate
official:
(1) The clerk of the court of claims ATTORNEY GENERAL shall
forward a
certified copy of the order granting the award CERTIFY to the
director
for payment THE ATTORNEY GENERAL'S DECISION, A COURT OF CLAIMS PANEL OF
COMMISSIONERS' ORDER, OR A JUDGMENT OF THE COURT OF CLAIMS GRANTING THE
AWARD.
(2) Upon receipt of the certified copy of the order
granting the award from the clerk CERTIFICATION OF THE DECISION of
the ATTORNEY GENERAL, THE ORDER OF A court of claims PANEL OF
COMMISSIONERS, OR A JUDGMENT OF THE COURT OF CLAIMS pursuant
to division (B)(1) of this section, the director shall provide
for payment of the claimant, an assignee of the claimant, or the
claimant and the claimant's assignee OR PROVIDERS in the amount
of the award set forth in
the certified copy of the order.
If the award is to be paid in installments, the director
shall provide for payment of the amount of the award that will
fall due during the current appropriation period.
(3) The expense shall be charged against all available
unencumbered moneys in the fund.
(4) If the director determines that sufficient
unencumbered moneys do not exist in the fund, the director
shall make
application for payment of the award out of the emergency
purposes account or any other appropriation for emergencies or
contingencies, and payment out of this account or other
appropriation shall be authorized if there are sufficient moneys
greater than the sum total of then pending emergency purposes
account requests or requests for releases from the other
appropriations.
(5) If sufficient moneys do not exist in the account or
any other appropriation for emergencies or contingencies to pay
the award, the director shall request the general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
director shall make this appropriation request during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part of the award that is unpaid.
(C) No THE ATTORNEY GENERAL SHALL NOT CERTIFY A DECISION OR
order granting an award shall be forwarded by the
clerk of the court of claims to the director until all appeals
have been determined and all rights to appeal exhausted, except
as otherwise provided in this section. If any party to a claim
for an award of reparations appeals from only a portion of an
award, and a remaining portion provides for the payment of money
by the state, a certified copy of the DECISION, order, OR
JUDGMENT, together with a copy
of the notice of appeal, shall be forwarded to the director, and
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall submit to the clerk of the
court of claims DIRECTOR itemized bills for the costs of printing
and
distributing the pamphlet the attorney general prepares
pursuant to section 109.42 of the Revised Code. The itemized bills shall set
forth the name
and address of the persons owed the amounts set forth in them.
Upon submission of the itemized bills, the clerk DIRECTOR shall
provide
for their payment.
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 one 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.
(3) For the purposes of any person described in division (A)(1) or (2) of
this section, terrorism that occurs within or outside the territorial
jurisdiction of the United States.
(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,
COST OF CRIME SCENE CLEANUP, AND COST OF EVIDENCE REPLACEMENT. 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)(1) "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.
(2) AN IMMEDIATE FAMILY MEMBER OF A VICTIM OF
CRIMINALLY INJURIOUS CONDUCT THAT CONSISTS OF A HOMICIDE, A SEXUAL ASSAULT,
DOMESTIC VIOLENCE, OR A SEVERE AND PERMANENT INCAPACITATING INJURY RESULTING
IN
PARAPLEGIA OR A SIMILAR LIFE-ALTERING CONDITION, WHO REQUIRES PSYCHIATRIC CARE
OR COUNSELING AS A RESULT OF THE CRIMINALLY INJURIOUS CONDUCT, MAY BE
REIMBURSED FOR THAT CARE OR COUNSELING AS AN ALLOWABLE EXPENSE THROUGH THE
VICTIM'S APPLICATION. THE CUMULATIVE ALLOWABLE EXPENSE FOR CARE OR COUNSELING
OF THAT NATURE FOR EACH FAMILY MEMBER OF A VICTIM OF THAT TYPE
SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
(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 five thousand
dollars per funeral and that
are incurred for expenses directly related to 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.
(R) "Terrorism" means any activity to which all of
the following apply:
(1) The activity involves a violent act or an act that is
dangerous to human life.
(2) The act described in division
(R)(1) of this section is
committed within the territorial jurisdiction of the
United
States and is a violation of
the criminal laws of the United
States, this state, or any
other state or the act described in division
(R)(1) of this section is
committed outside the territorial jurisdiction of the
United
States and would be a violation
of the criminal laws of the
United
States, this state, or any
other state if committed within the territorial jurisdiction of
the United
States.
(3) The activity appears to be intended to do any of the
following:
(a) Intimidate or coerce a civilian
population;
(b) Influence the policy of any government by
intimidation or coercion;
(c) Affect the conduct of any government by
assassination or kidnapping.
(4) The activity occurs primarily outside the territorial
jurisdiction of the United
States or transcends the
national boundaries of the
United States in terms of the means by
which the activity is accomplished, the person or persons that
the activity appears intended to intimidate or coerce, or the
area or locale in which the perpetrator or perpetrators of the
activity operate or seek asylum.
(S) "Transcends the national boundaries of the
United States" means occurring outside
the territorial jurisdiction of the
United States in addition to occurring
within the territorial jurisdiction of the
United States.
(T) "COST OF CRIME SCENE CLEANUP" MEANS REASONABLE AND NECESSARY
COSTS OF CLEANING THE SCENE WHERE THE CRIMINALLY INJURIOUS CONDUCT OCCURRED,
NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS IN THE AGGREGATE PER CLAIM.
(U) "COST OF EVIDENCE REPLACEMENT" MEANS COSTS FOR REPLACEMENT OF
PROPERTY CONFISCATED FOR EVIDENTIARY PURPOSES
RELATED TO THE CRIMINALLY INJURIOUS CONDUCT, NOT TO EXCEED SEVEN HUNDRED FIFTY
DOLLARS IN THE AGGREGATE PER CLAIM.
(V) "PROVIDER" MEANS ANY PERSON WHO PROVIDES A CLAIMANT WITH A
PRODUCT, SERVICE, OR ACCOMMODATIONS THAT ARE AN ALLOWABLE EXPENSE.
(W) "IMMEDIATE FAMILY MEMBER" MEANS AN INDIVIDUAL WHO IS RELATED
TO A VICTIM WITHIN THE FIRST DEGREE BY AFFINITY OR CONSANGUINITY.
Sec. 2743.52. (A) The court of claims commissioners that are appointed
pursuant to section 2743.54 of the Revised Code have jurisdiction to
ATTORNEY GENERAL SHALL make
awards of reparations for economic loss arising from criminally injurious
conduct, if satisfied by a preponderance of the evidence that the requirements
for an award of reparations have been met.
(B) A COURT OF CLAIMS PANEL OF COMMISSIONERS OR A COURT OF CLAIMS JUDGE
HAS APPELLATE JURISDICTION TO ORDER AWARDS OF REPARATIONS FOR ECONOMIC LOSS
ARISING
FROM CRIMINALLY INJURIOUS CONDUCT, IF SATISFIED BY A PREPONDERANCE OF
THE EVIDENCE THAT THE REQUIREMENTS FOR AN AWARD OF REPARATIONS
HAVE BEEN MET.
(C) A decision of THE ATTORNEY GENERAL, AN ORDER OF a court
of claims commissioner or a panel of court of claims
commissioners, OR THE JUDGMENT OF A COURT OF CLAIMS JUDGE
concerning an OMVI violation shall not be used
as the basis for any civil or criminal action, and shall not be
admissible as
evidence in any civil or criminal proceeding.
Sec. 2743.521. (A) FOR MEDICAL CARE-RELATED ALLOWABLE EXPENSES,
THE ATTORNEY GENERAL MAY DO ALL OF THE FOLLOWING:
(1) ESTABLISH STANDARD MEDICAL FEES AND APPROVED MEDICAL
PROCEDURES FOR WHICH AN AWARD OF REPARATIONS MAY BE MADE;
(2) DETERMINE THE ELIGIBILITY AND REASONABLENESS OF CLAIMS FOR
MEDICAL, PSYCHOLOGICAL, DENTAL, CHIROPRACTIC, HOSPITAL, PHYSICAL THERAPIST,
AND NURSING SERVICES;
(3) RECOGNIZE USUAL, CUSTOMARY, AND REASONABLE METHODS OF PAYMENT
FOR COVERED SERVICE;
(4) AUDIT FEE BILL PAYMENTS AND ADJUST FEE BILL REIMBURSEMENT TO
BE CONSISTENT WITH MEDICAL COST CONTAINMENT AND REIMBURSEMENT GUIDELINES
PROMULGATED BY
THE ADMINISTRATOR OF THE BUREAU OF WORKERS' COMPENSATION PURSUANT
TO DIVISION (B)(16) OF SECTION 4121.121 OF THE
REVISED CODE.
(B) A MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL
CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF REPARATIONS SHALL BE
CONSIDERED PAID IN FULL FOR THOSE ALLOWABLE EXPENSES AND SHALL NOT SEEK
REIMBURSEMENT FOR ANY PART OF THOSE ALLOWABLE EXPENSES FROM THE CLAIMANT WHO
WAS GRANTED THE AWARD.
Sec. 2743.53. The (A) A court of claims:
(A) Shall PANEL OF COMMISSIONERS SHALL hear and determine all
matters relating to appeals from decisions
of the court of claims commissioners;
(B) May order law enforcement officers as defined in
section 2901.01 of the Revised Code to provide it with copies of any
information or data gathered in the investigation of the criminally injurious
conduct that is the basis of any claim to enable it to determine whether, and
the extent to which, a claimant qualifies for an award of reparations
ATTORNEY GENERAL PURSUANT TO SECTIONS 2743.51 TO 2743.72 of the Revised Code.
(B) A COURT OF CLAIMS JUDGE SHALL HEAR AND DETERMINE ALL MATTERS
RELATING TO APPEALS FROM DECISIONS OR ORDERS OF A PANEL OF COMMISSIONERS OF
THE COURT OF CLAIMS.
Sec. 2743.54. (A) The supreme court shall appoint at least three court of
claims commissioners to hear claims for an award of reparations and to make
awards of reparations AND DETERMINE ALL MATTERS RELATING TO APPEALS
FROM DECISIONS OF THE ATTORNEY GENERAL pursuant
to sections 2743.51 to 2743.72 of the Revised
Code. Each commissioner shall be an attorney who has been licensed to
practice law in this state for at least three years prior to appointment and
shall serve at the pleasure of the supreme court and under the administrative
supervision of the clerk of the court of claims.
(B) The supreme court shall fix the compensation of the court of claims
commissioners, which AND THE COMPENSATION shall be paid out of
the reparations fund.
Sec. 2743.55. (A) A single commissioner or
THE ATTORNEY GENERAL, a panel of
court of claims PANEL OF commissioners, OR A JUDGE OF THE
COURT OF CLAIMS shall hear and determine
all
matters relating to claims for an award of reparations. A claim
for an award of reparations shall not be heard and determined
until the expiration of the time allowed for the claimant to
respond to the attorney general's finding of fact and
recommendation for the claim. A single commissioner or THE ATTORNEY
GENERAL, a COURT OF CLAIMS panel
of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may order
law enforcement officers to provide
them with copies of any information or data gathered in the
investigation of the criminally injurious conduct that is the
basis of any claim to enable the ATTORNEY GENERAL, A COURT OF CLAIMS
PANEL OF commissioners, OR A JUDGE OF THE COURT OF CLAIMS to
determine whether, and the extent to which, a claimant qualifies for an
award of reparations.
Any reference in sections 2743.51 to 2743.72 of the Revised
Code to action by more than a single commissioner means action by
a panel of commissioners. A panel shall consist of three
commissioners who may only proceed upon a majority vote.
(B) The A court of claims PANEL OF commissioners shall
sit in
Franklin county. A single commissioner or any panel of
commissioners, pursuant to rules adopted by the chief justice of
the supreme court, may sit and hear claims for an award of
reparations at any other location in the state.
(C) Each claim for an award of reparations shall be heard
by a single commissioner. The commissioner may determine the
claim and make an award administratively without a hearing. If a
claimant or the attorney general objects to the determination or
award made by a single commissioner and files an objection with
the clerk within thirty days after journalization of the order of
the commissioner, the claim shall be heard by a panel of three
commissioners who shall make an award or deny the claim upon a
majority vote.
(D) The supreme court may promulgate rules to implement
sections 2743.51 to 2743.72 of the Revised Code, which may
include rules for the allowance of attorney's fees, the procedure
for hearing claims by a single commissioner or by a panel of
court of claims commissioners, and the procedure for hearing
appeals from decisions of the court of claims commissioners.
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 the claimant's residence or, if
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
ATTORNEY GENERAL. THE APPLICATION
MAY BE FILED BY MAIL. IF THE APPLICATION
IS FILED BY MAIL, THE POST-MARKED DATE OF THE APPLICATION SHALL BE
CONSIDERED THE FILING DATE OF THE APPLICATION. The
application shall be in a form prescribed by the clerk of the
court of claims, ATTORNEY GENERAL 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) The nature of the criminally injurious conduct that is
the basis for the claim and the date on which the conduct
occurred;
(3) The law enforcement agency or officer to whom the
criminally injurious conduct was reported and the date on which
it was reported;
(4) The nature and extent of the injuries that the victim
sustained from the criminally injurious conduct;
(5) The type of economic loss that the victim, a
dependent, or the
claimant sustained as a result of the criminally injurious
conduct;
(6) A INCLUDE A release authorizing the ATTORNEY GENERAL AND
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;
(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)(B) 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 OF THE VICTIM'S EIGHTEENTH BIRTHDAY OR within
two years from the date a complaint, indictment,
or information is filed against the alleged offender, WHICHEVER IS
LATER. 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 IF THE APPLICATION IS FILED WITHIN TWO YEARS OF
THE VICTIM'S EIGHTEENTH BIRTHDAY, 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.
Sec. 2743.58. (A) The clerk of the court of claims shall
send a copy of the application to the attorney general. Upon
receipt of the copy of the application, the attorney general
shall contact the prosecuting attorney of the county in which the
criminally injurious conduct occurred and the law enforcement
agency that actively investigated the criminally injurious
conduct, and request that they provide information on the
criminally injurious conduct and related matters. The
prosecuting attorney and any officer or employee of the office of
the prosecuting attorney or of the law enforcement agency shall
be immune from any civil liability that might otherwise be
incurred as the result of providing information on the criminally
injurious conduct and related matters to the attorney general.
(B) The clerk, upon receipt of the attorney general's
finding of fact and recommendation for a claim for an award of
reparations, shall forward a copy of the finding and
recommendation to the claimant and shall give the claimant an
opportunity to respond in writing. After the expiration of the
time allowed for the claimant's response, the clerk shall assign
the claim to a court of claims commissioner.
Sec. 2743.59. (A) The attorney general, upon receipt of
an application for an award of reparations from the clerk of the
court of claims, shall fully investigate the A claim FOR
AN AWARD OF REPARATIONS, regardless of
whether any person is prosecuted for or convicted of
committing the
criminally injurious conduct alleged in the application. After
completing the investigation, the attorney general shall make a
written finding of fact and recommendation DECISION concerning
an award of
reparations. The attorney general shall file the finding of
fact and
recommendation and all information or documents that the attorney
general used in
the investigation with the clerk of the court of claims.
(B)(1) The attorney general may require the claimant to
supplement the application for an award of reparations with any
further information or documentary materials, including any
medical report readily available, that may lead to any
relevant
facts in the determination of whether, and the extent to which, a
claimant qualifies for an award of reparations. The attorney
general may depose any witness, including the claimant, pursuant
to Civil Rules 28, 30, and 45.
(2)(a) For the purpose of determining whether, and the extent to
which, a claimant qualifies for an award of reparations, the attorney general
may issue subpoenas and subpoenas duces tecum to compel any
person or entity, including any collateral source, that provided, will
provide, or would have provided to the victim
any income, benefit, advantage, product, service, or accommodation,
including any medical care or other income, benefit, advantage, product,
service, or accommodation that
might qualify as an allowable expense or a funeral expense, to produce
materials to the attorney general that are relevant to the income, benefit,
advantage, product, service,
or accommodation that was, will be, or would have been so provided and to the
attorney general's determination.
(b) If the attorney general issues a subpoena or subpoena duces
tecum under division (B)(2)(a) of this section and if
the materials that the attorney general requires to be produced are located
outside this state, the attorney general may designate one or more
representatives, including officials of the state in which the materials are
located, to inspect the materials on the attorney general's behalf, and the
attorney general may respond to similar requests from officials of other
states. The person or entity subpoenaed may make the materials available to
the attorney
general at a convenient location within the state.
(c) At any time before the return day specified in the subpoena
or subpoena duces tecum issued under division (B)(2)(a)
of this section or within twenty days after the subpoena or subpoena duces
tecum has been served, whichever period is shorter, the person or entity
subpoenaed may
file in the WITH A court of claims JUDGE
a petition to extend the return day or to modify
or quash the subpoena or subpoena duces tecum. The petition shall state good
cause.
(d) A person or entity who is subpoenaed under division
(B)(2)(a) of this section shall comply with the terms of
the subpoena or subpoena duces tecum unless otherwise provided by an order of
the A court of claims JUDGE entered
prior to the day for return contained in the
subpoena or as extended by the court. If a person or entity fails without
lawful excuse to obey a subpoena or subpoena duces tecum issued under
division (B)(2)(a) of this section or to produce
relevant materials, the attorney general may apply to the A
court of claims JUDGE for and
obtain an order adjudging the person or entity in contempt of court.
(C) The finding of fact AND DECISION that is issued by the attorney
general pursuant to division (A) of this section shall contain all of
the following:
(1) Whether the criminally injurious conduct that is the
basis for the application did occur, the date on which the
conduct occurred, and the exact nature of the conduct;
(2) Whether the criminally injurious conduct was reported
to a law enforcement officer or agency, the date on which the
conduct was reported, the name of the person who reported the
conduct, and the reasons why the conduct was not reported to a
law enforcement officer or agency or was not reported to a law
enforcement officer or agency within seventy-two hours after the
conduct occurred;
(3) The exact nature of the injuries that the victim
sustained as a result of the criminally injurious conduct;
(4) A specific list of the economic loss that was
sustained as a result of the criminally injurious conduct by the
victim, the claimant, or a dependent;
(5) A specific list of any benefits or advantages that the
victim, the claimant, or a dependent has received or is entitled
to receive from any collateral source for economic loss that
resulted from the conduct and whether a collateral source would
have reimbursed the claimant for a particular expense if a timely
claim had been made, and the extent to which the expenses
likely would have been reimbursed by the collateral source;
(6) A description of any evidence in support of
contributory misconduct by the claimant or by the victim through
whom the claimant claims an award of reparations, whether the
victim has been convicted of a felony or has a record of felony
arrests under the laws of this state, another state, or the
United States ENGAGED IN DISQUALIFYING FELONIOUS BEHAVIOR UNDER
DIVISION (E) OF SECTION 2743.60 of the Revised Code, and whether there is
evidence that the victim
engaged in an ongoing course of criminal conduct within five
years or less of the criminally injurious conduct that is the
subject of the claim;
(7) Whether an assignment has been filed pursuant to
division (E) of section 2743.66 of the Revised Code;
(8) Whether the victim of the criminally injurious conduct
was a minor;
(9)(8) If the victim of the criminally injurious conduct was
a minor, whether a complaint, indictment, or information was
filed against the alleged offender and, if such a filing
occurred, its date;
(10)(9) Any information that is relevant to the claim for an
award of reparations.
(D) The recommendation DECISION that is issued by the attorney
general pursuant to division (A) of this section shall contain all of
the following:
(1) A statement as to whether A CLAIMANT IS ELIGIBLE FOR an award of
reparations
should be made, whether payments made pursuant to the award
should ARE TO be made to the claimant, to an assignee
A PROVIDER, or jointly to the
claimant and an assignee A PROVIDER, and what the amount
of the payments to
the claimant, the assignee, and to the claimant and assignee
should be OR PROVIDER;
(2) A statement as to whether any of the payments made
pursuant to the award should be paid in a lump sum or in
installments;
(3) If the attorney general recommends DECIDES that an award
not
be made to the claimant, the reasons for that decision.
(E) The attorney general shall make the attorney general's
recommendation A WRITTEN FINDING OF FACT AND DECISION in
accordance with sections 2743.51 to 2743.72 of the Revised Code
and within one hundred
twenty days after
receiving the claim application from the clerk of the court of
claims. The attorney general may file a motion for an extension
of EXTEND the one-hundred-twenty-day time limit and shall
state RECORD IN WRITING specific reasons to
justify the extension. The attorney general shall file the
motion for an extension with the clerk of the court of claims, shall
serve a copy of the motion upon the claimant pursuant to Civil
Rule 5, and shall notify the claimant that the claimant may
file a written
objection to the extension with the clerk of the court of claims.
A court of claims commissioner, upon a showing of good cause, may
grant the extension. If an extension is granted, the order
granting the extension shall state the specific reasons for
granting the extension, and the clerk shall send a copy of the
order to the claimant.
(F) Within twenty-one days after the attorney general
files the attorney general's finding and recommendation
concerning an award of
reparations with the court of claims, any person may file with
the clerk of the court of claims any information that is relevant
to the granting or denial of the award that the person
reasonably
believes was not before or considered by the attorney general in
making the attorney general's finding and recommendation.
If a court of claims
commissioner considers the information relevant, a copy of the
information filed shall be served upon the claimant and the
attorney general. The claimant and the attorney general may
respond in writing to the information at any time within ten days
after receiving a copy of the information OF THE EXTENSION AND OF THE
REASONS FOR THE EXTENSION. THE ATTORNEY GENERAL SHALL SERVE A COPY OF ITS
WRITTEN FINDING OF FACT AND DECISION UPON THE CLAIMANT.
Sec. 2743.60. (A) Neither a single commissioner nor THE ATTORNEY
GENERAL, a
panel of court of claims PANEL OF commissioners, OR A
JUDGE OF THE COURT OF CLAIMS shall NOT make OR
ORDER an award of
reparations to any claimant who, if the victim of the criminally
injurious conduct was an adult, did not file an application
for an award of reparations within two years after the date of the
occurrence of the criminally injurious conduct that caused the
injury or death for which the victim is seeking an award of reparations
or who, if the victim of that criminally injurious conduct was a
minor, did not file an application for an award of reparations
within the period provided by division (C)(1) of section 2743.56
of the Revised Code. An award of reparations shall not be made
to a claimant if the criminally injurious conduct upon which the
claimant bases a claim was not reported to a law enforcement officer
or agency within seventy-two hours after the occurrence of the
conduct, unless it is determined that good cause existed for the
failure to report the conduct within the seventy-two-hour period.
(B)(1) Neither a single commissioner nor THE ATTORNEY
GENERAL, a panel of
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall
NOT make OR ORDER an award of reparations to a claimant
who
IF ANY OF THE FOLLOWING APPLY:
(a) THE CLAIMANT is the offender or an accomplice of the
offender who
committed the criminally injurious conduct, nor to any claimant
if OR the award would unjustly benefit the offender or accomplice.
(b) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS
SECTION,
BOTH OF THE FOLLOWING APPLY:
(i) THE CLAIMANT WAS A PASSENGER IN A MOTOR VEHICLE AND KNEW OR
REASONABLY SHOULD
HAVE KNOWN THAT THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF
ABUSE, OR BOTH.
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE
INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(c) BOTH OF THE FOLLOWING APPLY:
(i) THE CLAIMANT WAS UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF
ABUSE, OR BOTH
AND WAS A PASSENGER IN A MOTOR VEHICLE AND, IF SOBER, SHOULD HAVE REASONABLY
KNOWN THAT THE DRIVER WAS UNDER
THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(ii) THE CLAIMANT IS SEEKING COMPENSATION FOR INJURIES
PROXIMATELY CAUSED BY THE DRIVER DESCRIBED IN DIVISION
(B)(1)(b)(i) OF THIS SECTION BEING UNDER THE
INFLUENCE OF ALCOHOL, A DRUG OF ABUSE, OR BOTH.
(2) DIVISION (B)(1)(b) OF THIS SECTION DOES NOT
APPLY IF ON THE
DATE OF THE OCCURRENCE OF THE CRIMINALLY INJURIOUS CONDUCT, THE
CLAIMANT WAS UNDER SIXTEEN YEARS OF AGE OR WAS AT LEAST SIXTEEN
YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE AND WAS
RIDING WITH A PARENT, GUARDIAN, OR CARE-PROVIDER.
(C) A single commissioner or THE ATTORNEY GENERAL, a
panel of
commissioners, OR A JUDGE OF THE COURT OF CLAIMS,
upon a finding that the claimant or victim has not fully
cooperated with appropriate law enforcement agencies, may deny a
claim or reconsider and reduce an award of reparations.
(D) A single commissioner or THE ATTORNEY GENERAL, a
panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS
shall reduce an award of reparations or deny a claim for an award
of reparations that is otherwise payable to a claimant to the
extent that the economic loss upon which the claim is based is
recouped from other persons, including collateral sources. If an
award is reduced or a claim is denied because of the expected
recoupment of all or part of the economic loss of the claimant
from a collateral source, the amount of the award or the denial
of the claim shall be conditioned upon the claimant's economic
loss being recouped by the collateral source. If the award or
denial is conditioned upon the recoupment of the claimant's
economic loss from a collateral source and it is determined that
the claimant did not unreasonably fail to present a timely claim
to the collateral source and will not receive all or part of the
expected recoupment, the claim may be reopened and an award may
be made in an amount equal to the amount of expected recoupment
that it is determined the claimant will not receive from the
collateral source.
If the claimant recoups all or
part of the economic loss upon which the claim is based from any other person
or entity, including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the award that represents the
economic loss for which the claimant received the recoupment from the other
person or entity.
(E) Neither a single commissioner nor THE ATTORNEY
GENERAL, a panel of
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall
NOT make an award to a claimant if any of the
following applies:
(1) The victim was convicted of a felony within ten
years prior to
the
criminally injurious conduct that
gave rise to the claim or is convicted of a felony during the pendency of the
claim.
(2) The claimant was convicted of a felony within ten years prior to the
criminally injurious conduct that gave rise to the claim or is convicted of a
felony during the pendency of the claim.
(3) It is
proved by a preponderance of the evidence presented to the
commissioner or the panel that the victim or the
claimant engaged,
within ten years prior
to the criminally injurious conduct gave rise to the claim or during
the pendency of the claim,
in conduct AN OFFENSE OF VIOLENCE, A VIOLATION OF SECTION 2925.03
of the Revised Code, OR ANY SUBSTANTIALLY SIMILAR
OFFENSE that
ALSO would constitute a felony under the laws of this state, another
state, or the United States.
(4) THE CLAIMANT WAS CONVICTED OF A VIOLATION OF SECTION
2919.22 OR 2919.25 OF THE REVISED CODE, OR OF ANY STATE LAW
OR MUNICIPAL
ORDINANCE SUBSTANTIALLY SIMILAR TO EITHER SECTION, WITHIN TEN
YEARS PRIOR TO THE CRIMINALLY INJURIOUS CONDUCT THAT GAVE RISE TO
THE CLAIM OR DURING THE PENDENCY OF THE CLAIM.
(F) In determining whether to make an award of reparations
pursuant to this section, a single commissioner THE ATTORNEY
GENERAL or panel of
commissioners shall consider whether there was contributory
misconduct by the victim or the claimant. A single commissioner or
THE ATTORNEY GENERAL, a panel of commissioners, OR
A JUDGE OF THE COURT OF CLAIMS shall reduce an award
of reparations
or deny a claim for an award of reparations to the extent it is
determined to be reasonable because of the contributory
misconduct of the claimant or the victim.
If WHEN the attorney general recommends that DECIDES
WHETHER a claim SHOULD be denied
because of an allegation of contributory misconduct that is
supported by the finding of fact in division (C)(6) of
section
2743.59 of the Revised Code, the burden of proof on the issue of
that alleged contributory misconduct shall be upon the claimant,
if either of the following apply:
(1) The victim was convicted of a felony more than ten
years prior to the criminally injurious conduct that is the
subject of the claim or has a record of felony arrests under the
laws of this state, another state, or the United States;.
(2) There is good cause to believe that the victim engaged
in an ongoing course of criminal conduct within five years or
less of the criminally injurious conduct that is the subject of
the claim.
FOR PURPOSES OF THIS SECTION, IF IT IS PROVEN BY A
PREPONDERANCE
OF THE EVIDENCE THAT THE VICTIM ENGAGED IN CONDUCT AT THE TIME OF THE
CRIMINALLY
INJURIOUS CONDUCT THAT WAS A FELONY VIOLATION OF SECTION 2925.11
OF THE
REVISED
CODE,
THE CONDUCT SHALL BE PRESUMED TO HAVE CONTRIBUTED TO THE
CRIMINALLY INJURIOUS CONDUCT AND SHALL RESULT IN A COMPLETE DENIAL
OF THE CLAIM.
(G) Neither a single commissioner nor THE ATTORNEY
GENERAL, a
panel of
commissioners, OR A JUDGE OF THE COURT OF CLAIMS shall
NOT make an award of reparations to a claimant if
the criminally injurious conduct that caused the injury or death
that is the subject of the claim occurred to a victim who was an
adult and while the victim, after being convicted of or pleading
guilty to an offense, was serving a sentence of imprisonment in
any detention facility, as defined in section 2921.01 of the
Revised Code.
(H) If a claimant unreasonably fails to present a claim
timely to a source of benefits or advantages that would have been
a collateral source and that would have reimbursed the claimant
for all or a portion of a particular expense, a single
commissioner or THE ATTORNEY GENERAL, a panel of
commissioners, OR A JUDGE OF THE COURT OF CLAIMS may
reduce an award of
reparations or deny a claim for an award of reparations to the
extent that it is reasonable to do so.
(I) Reparations payable to a victim and to all other
claimants sustaining economic loss because of injury to or the
death of that victim shall not exceed fifty thousand dollars in
the aggregate.
Sec. 2743.61. (A) The attorney general may appeal
conclusions of law made by a panel of court of claims
commissioners and a, ON THE ATTORNEY GENERAL'S OWN MOTION OR
UPON REQUEST OF A
CLAIMANT OR VICTIM, MAY RECONSIDER A DECISION TO MAKE AN AWARD OF REPARATIONS,
THE AMOUNT OF AN AWARD OF REPARATIONS, OR A DECISION TO DENY A CLAIM FOR AN
AWARD OF REPARATIONS. A
CLAIMANT MAY FILE A REQUEST FOR RECONSIDERATION WITH THE ATTORNEY
GENERAL NOT LATER THAN THIRTY DAYS AFTER THE ATTORNEY GENERAL
RENDERS AN INITIAL DECISION. A CLAIMANT MAY SUBMIT WITH THE REQUEST ANY
ADDITIONAL
INFORMATION THAT IS RELEVANT TO THE CLAIMANT'S CLAIM FOR
AN AWARD OF REPARATION.
THE ATTORNEY GENERAL SHALL RECONSIDER THE APPLICATION BASED UPON
EVIDENCE THAT IS RELEVANT TO THE APPLICATION AND ISSUE A FINAL DECISION
WITHIN SIXTY
DAYS OF RECEIVING THE REQUEST FOR RECONSIDERATION. THE ATTORNEY GENERAL MAY
EXTEND THE
SIXTY-DAY TIME LIMIT AND SHALL RECORD IN WRITING SPECIFIC REASONS
TO JUSTIFY THE EXTENSION. THE ATTORNEY GENERAL SHALL NOTIFY THE
CLAIMANT OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION.
IF A CLAIMANT DOES NOT FILE A REQUEST FOR RECONSIDERATION OF A DECISION OF
THE ATTORNEY GENERAL TO MAKE AN AWARD OR TO DENY A CLAIM OR OF THE AMOUNT OF
AN AWARD WITHIN THIRTY DAYS AFTER THE DECISION IS RENDERED, THE AWARD, THE
DENIAL OF THE CLAIM, OR THE AMOUNT OF THE AWARD IS FINAL UNLESS THE ATTORNEY
GENERAL
IN THE INTEREST OF JUSTICE ALLOWS THE RECONSIDERATION AFTER THE EXPIRATION OF
THAT PERIOD OF TIME.
(B) A claimant may appeal an award of reparations,
the amount of an award of reparations, or the denial of a claim
for an award of reparations that is made by a panel of court of
claims commissioners FINAL DECISION OF THE ATTORNEY GENERAL AFTER ANY
RECONSIDERATION. If the determination FINAL DECISION of the
commissioners ATTORNEY GENERAL
with respect to any claim for an award of reparations is
appealed, the A court of claims PANEL OF COMMISSIONERS,
WITHIN NINETY DAYS OF RECEIVING THE NOTICE OF APPEAL, SHALL SCHEDULE AND
CONDUCT A HEARING ON THE APPEAL. THE PANEL OF COMMISSIONERS shall
hear and determine the appeal WITHIN SIXTY DAYS FROM THE DATE OF THE
HEARING on the basis of the record of the hearing before the
commissioners, including the original award or denial made by a
single commissioner, AND the finding of fact and
recommendation of
the attorney general, any information or documents that the
attorney general used in his THE
investigation, any information or
data provided to the court of claims pursuant to division (B) of
section 2743.53 of the Revised Code ATTORNEY GENERAL, and
any briefs or oral
arguments that may be requested by the A court OF CLAIMS
PANEL OF COMMISSIONERS, AND ANY ADDITIONAL EVIDENCE PRESENTED AT THE
HEARING.
THE PANEL OF COMMISSIONERS MAY EXTEND THE SIXTY-DAY TIME LIMIT AND
SHALL RECORD IN WRITING SPECIFIC REASONS TO JUSTIFY THE EXTENSION.
THE ATTORNEY GENERAL SHALL
SUPPLY THE PANEL OF COMMISSIONERS WITH THE ORIGINAL DECISION
AWARDING OR DENYING COMPENSATION, THE FINDING OF FACT OF THE
ATTORNEY GENERAL, ANY INFORMATION OR DOCUMENTS THAT THE ATTORNEY
GENERAL USED IN THE INVESTIGATION, AND ANY INFORMATION OR DATA
PROVIDED TO THE ATTORNEY GENERAL WITHIN FOURTEEN DAYS OF THE
FILING OF THE OBJECTION AND NOTICE OF APPEAL BY THE APPLICANT.
THE PANEL OF COMMISSIONERS SHALL NOTIFY THE CLAIMANT AND ATTORNEY
GENERAL OF THE EXTENSION AND OF THE REASONS FOR THE EXTENSION.
If upon hearing
and consideration of the record and evidence, the court OF CLAIMS PANEL OF
COMMISSIONERS decides
that the decision of the commissioners ATTORNEY GENERAL appealed
from is
reasonable and lawful, it shall affirm the same, but if.
IF the court
OF CLAIMS PANEL OF COMMISSIONERS decides that the decision of the
commissioners ATTORNEY GENERAL IS NOT SUPPORTED BY A PREPONDERANCE
OF THE EVIDENCE OR is unreasonable or
unlawful, the court IT shall reverse and vacate the decision or
modify it and enter judgment thereon.
(B)(C) THE ATTORNEY GENERAL OR A
CLAIMANT MAY APPEAL AN AWARD OF REPARATIONS, THE AMOUNT OF AN AWARD OF
REPARATIONS, OR THE
DENIAL OF A CLAIM FOR AN AWARD OF REPARATIONS THAT IS MADE BY A PANEL OF COURT
OF CLAIMS
COMMISSIONERS. IF THE DETERMINATION OF THE PANEL OF COMMISSIONERS
WITH RESPECT TO ANY CLAIM FOR AN AWARD OF REPARATIONS IS APPEALED,
A COURT OF CLAIMS JUDGE SHALL HEAR AND DETERMINE THE APPEAL ON THE
BASIS OF THE RECORD OF THE HEARING BEFORE THE COMMISSIONERS,
INCLUDING THE ORIGINAL AWARD OR DENIAL MADE BY THE ATTORNEY
GENERAL, ANY INFORMATION OR DOCUMENTS PRESENTED TO THE PANEL OF
COMMISSIONERS, AND ANY BRIEFS OR ORAL ARGUMENTS THAT MAY BE
REQUESTED BY THE COURT OF CLAIMS JUDGE. IF UPON HEARING AND
CONSIDERATION OF THE RECORD AND EVIDENCE, THE COURT OF CLAIMS JUDGE
DECIDES THAT THE DECISION OF THE PANEL OF COMMISSIONERS IS
UNREASONABLE OR UNLAWFUL, THE COURT OF CLAIMS JUDGE SHALL REVERSE
AND VACATE THE DECISION OR MODIFY IT AND ENTER JUDGMENT ON THE CLAIM.
THE DECISION OF THE COURT OF CLAIMS JUDGE IS FINAL.
(D) Notices of an appeal concerning an award of
reparations shall be filed within thirty days after the date on
which the award or the denial of a claim is made by A FINAL DECISION OF
the commissioners ATTORNEY GENERAL. If a notice of appeal is
not filed within the
thirty-day period, the award or denial of the claim is final
unless the A court of claims PANEL OF COMMISSIONERS in
the interests of justice allows the appeal.
(E) THE ATTORNEY GENERAL OR A CLAIMANT SHALL FILE A NOTICE OF AN
APPEAL CONCERNING AN ORDER OR DECISION OF A
PANEL OF COMMISSIONERS
WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE AWARD OR
THE DENIAL OF A CLAIM IS MADE BY THE PANEL OF COMMISSIONERS. IF THE ATTORNEY
GENERAL OR A CLAIMANT DOES NOT FILE A NOTICE OF
APPEAL
WITH RESPECT TO AN AWARD OR DENIAL WITHIN THE THIRTY-DAY PERIOD, THE AWARD OR
DENIAL OF THE CLAIM IS
FINAL UNLESS A JUDGE OF THE COURT OF CLAIMS IN THE INTERESTS OF
JUSTICE ALLOWS THE APPEAL.
Sec. 2743.62. (A)(1) Subject to division
(A)(2) of this section, there is no privilege, except the
privileges arising from the attorney-client relationship, as to
communications or records that are relevant to the physical,
mental, or emotional condition of the claimant or victim in a
proceeding under sections 2743.51 to 2743.72 of the Revised Code
in which that condition is an element.
(2)(a) Except as specified in division
(A)(2)(b) of this section, any record or report that the A JUDGE OF
THE COURT OF CLAIMS, A
court of claims PANEL OF COMMISSIONERS, or THE attorney
general has obtained prior to, or obtains on or after, the effective
date of this amendment under the provisions of sections 2743.51 to 2743.72
of
the Revised Code and that is confidential
or otherwise exempt from public disclosure under section 149.43 of the
Revised Code
while in the possession of the creator of the record or report shall remain
confidential or exempt from public disclosure under section 149.43 of the
Revised Code
while in the possession of the court of claims or the attorney general.
(b) Notwithstanding division (A)(2)(a)
of this section, the A court of claims JUDGE OR PANEL OF
COMMISSIONERS, A claimant, A claimant's attorney, or
THE attorney general may disclose
or refer to records or reports described in that division in any hearing
conducted under sections 2743.51 to 2743.72 of the Revised Code or in the
court's JUDGE'S, PANEL OF COMMISSIONERS',
claimant's, or
attorney general's written pleadings, findings, recommendations, and
decisions.
(B) If the mental, physical, or emotional condition of a
victim or claimant is material to a claim for an award of
reparations, a single commissioner or THE ATTORNEY
GENERAL, a panel of commissioners, OR A JUDGE OF THE
COURT OF CLAIMS
may order the victim or claimant to submit to a mental or
physical examination by a physician or psychologist and may
order an autopsy of a deceased victim. The order may be made for
good cause shown and upon notice to the person to be examined and
to the claimant and the attorney general. The order shall
specify the time, place, manner, conditions, and scope of the
examination or autopsy and the person by whom it is to be made
and shall require the person who performs the examination or
autopsy to file with the clerk of the court of claims ATTORNEY
GENERAL a detailed
written report of the examination or autopsy. The report shall
set out the findings, including the results of all tests made,
diagnoses, prognoses, and other conclusions and reports of
earlier examinations of the same conditions.
(C) On request of the person examined, the clerk of the
court of claims ATTORNEY GENERAL shall furnish the person a copy of
the report. If the
victim is deceased, the clerk of the court of claims ATTORNEY
GENERAL, on request,
shall furnish the claimant a copy of the report.
(D) A single commissioner or THE ATTORNEY GENERAL, a
panel of commissioners, OR A JUDGE OF THE COURT OF CLAIMS may
require the claimant to supplement the application for an award
of reparations with any reasonably available medical or
psychological reports relating to the injury for which the award
of reparations is claimed.
(E) The court, a single commissioner ATTORNEY GENERAL, a
panel of
commissioners, or the attorney general A JUDGE OF THE COURT OF
CLAIMS, in a claim arising out of
a violation of any provision of sections 2907.02 to 2907.07
of the Revised Code, shall not request the victim or the claimant to
supply, or permit any person to supply, any evidence of specific
instances of the victim's sexual activity, opinion evidence of
the victim's sexual activity, or reputation evidence of the
victim's sexual activity unless it involves evidence of the
origin of semen, pregnancy, or disease or evidence of the
victim's past sexual activity with the offender and only to the
extent that the court JUDGE, the PANEL OF commissioners,
or the attorney general
finds that the evidence is relevant to a fact at issue in the
claim.
Sec. 2743.63. If a person refuses to comply with an order under sections
2743.51 to 2743.72 of the Revised Code, or asserts a privilege, except
privileges arising from the attorney-client relationship, to withhold or
suppress evidence relevant to a claim for an award of reparations, a single
commissioner or a panel of court of claims commissioners THE ATTORNEY
GENERAL may make any just
order DECISION including denial of the claim, but shall
not find
the person in
contempt. If necessary to carry out any of its THE ATTORNEY
GENERAL'S powers and duties, a single
commissioner or a panel of commissioners THE ATTORNEY GENERAL may
petition the A court of claims PANEL OF COMMISSIONERS for
an appropriate order, INCLUDING BUT NOT LIMITED TO A FINDING OF
CONTEMPT, but the court of claims A PANEL OF
COMMISSIONERS shall not find a person in
contempt for refusal to submit to a mental or physical examination.
Sec. 2743.64. A single commissioner or THE ATTORNEY
GENERAL, a panel of court of
claims PANEL OF commissioners, OR A JUDGE OF THE COURT OF
CLAIMS may make an award of reparations whether
or
not any person is prosecuted or convicted for committing the
conduct that is the basis of the award. Proof of conviction of a
person whose conduct gave rise to a claim is conclusive evidence
that the crime was committed, unless an application for
rehearing, an appeal of the conviction, or certiorari is pending,
or a rehearing or new trial has been ordered.
If the prosecuting attorney of the county in which the
criminally injurious conduct allegedly occurred or the attorney
general requests the suspension of proceedings in any claim for
an award of reparations and if the request is made because of the
commencement of a criminal prosecution, a single commissioner or
a panel of commissioners THE ATTORNEY GENERAL may suspend, because
a criminal
prosecution has been commenced or is imminent, the proceedings in
any claim for an award of reparations for a definite period of
time, and may make a tentative AN EMERGENCY award under section
2743.67 of the
Revised Code.
Sec. 2743.65. (A) As part of an order, a single
commissioner or a panel of court of claims commissioners shall
determine and award reasonable
THE ATTORNEY GENERAL
SHALL DETERMINE, AND THE STATE SHALL PAY, IN ACCORDANCE WITH THIS SECTION
attorney's fees, commensurate with
services rendered, to be paid by the state to the attorney
representing a claimant under sections 2743.51 to 2743.72 of the
Revised Code. Additional attorney's fees may be awarded by the
court of claims in the event of appeal. Attorney's fees may be
denied upon a finding that the claim or appeal is frivolous.
Awards of attorney's fees shall be in addition to awards of
reparations, and attorney's fees may be awarded whether or not an
award of reparations is made. An attorney who represents an
applicant for an award of reparations shall not charge the
applicant for the services rendered in relation to that
representation and shall apply to the court of claims for payment
for the representation.
THE ATTORNEY
SHALL SUBMIT ON AN APPLICATION FORM AN ITEMIZED FEE BILL AT THE
RATE OF SIXTY DOLLARS PER HOUR UPON RECEIPT OF THE FINAL DECISION
ON THE CLAIM. ATTORNEY'S FEES
PAID PURSUANT TO THIS SECTION ARE SUBJECT TO THE FOLLOWING MAXIMUM
AMOUNTS:
(1) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR CLAIMS RESOLVED
WITHOUT THE FILING OF AN APPEAL TO THE PANEL OF COMMISSIONERS;
(2) A MAXIMUM OF ONE THOUSAND TWENTY DOLLARS FOR CLAIMS IN WHICH AN
APPEAL TO THE PANEL OF COMMISSIONERS IS FILED PLUS, AT THE REQUEST
OF AN ATTORNEY WHOSE MAIN OFFICE IS NOT IN FRANKLIN COUNTY,
DELAWARE COUNTY, LICKING COUNTY, FAIRFIELD COUNTY,
PICKAWAY
COUNTY, MADISON COUNTY, OR UNION COUNTY, AN AMOUNT FOR THE
ATTORNEY'S TRAVEL TIME TO ATTEND THE ORAL HEARING BEFORE THE PANEL OF
COMMISSIONERS AT THE RATE OF THIRTY DOLLARS PER HOUR;
(3) A MAXIMUM OF ONE THOUSAND THREE HUNDRED TWENTY DOLLARS FOR
CLAIMS IN WHICH AN APPEAL TO A JUDGE OF THE COURT OF CLAIMS IS
FILED PLUS, AT THE REQUEST OF AN ATTORNEY WHOSE MAIN OFFICE IS NOT
IN FRANKLIN COUNTY, DELAWARE COUNTY, LICKING COUNTY, FAIRFIELD
COUNTY, PICKAWAY COUNTY, MADISON COUNTY, OR UNION COUNTY, AN
AMOUNT FOR THE ATTORNEY'S TRAVEL TIME TO ATTEND THE ORAL HEARING BEFORE THE JUDGE AT
THE RATE OF THIRTY DOLLARS PER HOUR;
(4) A MAXIMUM OF SEVEN HUNDRED TWENTY DOLLARS FOR A SUPPLEMENTAL
REPARATIONS APPLICATION;
(5) A MAXIMUM OF TWO HUNDRED DOLLARS IF THE CLAIM IS DENIED ON
THE BASIS OF A CLAIMANT'S OR VICTIM'S CONVICTION OF A FELONY
OFFENSE PRIOR TO THE FILING OF THE CLAIM. IF THE CLAIMANT OR
VICTIM IS CONVICTED OF A FELONY OFFENSE DURING THE PENDENCY OF THE
CLAIM, THE TWO HUNDRED DOLLARS MAXIMUM DOES NOT APPLY. IF THE
ATTORNEY HAD KNOWLEDGE OF THE CLAIMANT'S OR VICTIM'S FELONY
CONVICTION PRIOR TO THE FILING OF THE APPLICATION FOR THE CLAIM,
THE ATTORNEY GENERAL MAY DETERMINE THAT THE FILING OF THE CLAIM
WAS FRIVOLOUS AND MAY DENY ATTORNEY'S FEES.
(B) THE ATTORNEY GENERAL MAY DETERMINE THAT AN ATTORNEY BE
REIMBURSED FOR FEES INCURRED IN THE CREATION OF A GUARDIANSHIP IF THE
GUARDIANSHIP IS REQUIRED
IN ORDER FOR AN INDIVIDUAL TO RECEIVE AN AWARD OF REPARATIONS, AND
THOSE FEES SHALL BE REIMBURSED AT A RATE OF SIXTY DOLLARS PER
HOUR.
(C)(1) THE ATTORNEY GENERAL SHALL FORWARD AN APPLICATION FORM FOR
ATTORNEY'S FEES TO A CLAIMANT'S ATTORNEY BEFORE OR WHEN THE FINAL DECISION ON
A CLAIM IS
RENDERED. THE APPLICATION FORM FOR ATTORNEY'S FEES SHALL DO ALL OF THE FOLLOWING:
(a) INFORM THE ATTORNEY OF THE REQUIREMENTS OF THIS SECTION;
(b) REQUIRE A VERIFICATION STATEMENT COMPORTING WITH THE RULES
OF THE COURT OF CLAIMS AND WITH THE LAW PROHIBITING FALSIFICATION;
(c) REQUIRE AN ITEMIZED FEE STATEMENT;
(d) REQUIRE A VERIFICATION STATEMENT THAT THE CLAIMANT WAS SERVED
A COPY OF THE COMPLETED APPLICATION FORM;
(e) INCLUDE NOTICE THAT THE CLAIMANT MAY OPPOSE THE APPLICATION
BY NOTIFYING THE ATTORNEY GENERAL IN WRITING WITHIN TEN DAYS.
(2) THE ATTORNEY GENERAL SHALL FORWARD A COPY OF THIS SECTION TO
THE ATTORNEY WITH THE APPLICATION FORM FOR ATTORNEY'S FEES. THE
ATTORNEY SHALL FILE THE APPLICATION FORM WITH THE ATTORNEY
GENERAL. THE ATTORNEY GENERAL'S DECISION WITH RESPECT TO AN AWARD
OF ATTORNEY'S FEES IS FINAL TEN DAYS AFTER THE ATTORNEY GENERAL
RENDERS THE DECISION AND MAILS A COPY OF THE DECISION TO THE
ATTORNEY AT THE ADDRESS PROVIDED BY THE ATTORNEY. THE ATTORNEY
MAY REQUEST RECONSIDERATION OF THE DECISION ON GROUNDS THAT IT IS
INSUFFICIENT OR CALCULATED INCORRECTLY. THE ATTORNEY GENERAL'S
DECISION ON THE REQUEST FOR RECONSIDERATION IS FINAL.
(D) THE ATTORNEY GENERAL SHALL REVIEW ALL APPLICATION FORMS FOR
ATTORNEY'S FEES THAT ARE SUBMITTED BY A CLAIMANT'S ATTORNEY AND
SHALL ISSUE AN ORDER APPROVING THE AMOUNT OF FEES TO BE PAID TO
THE ATTORNEY WITHIN SIXTY DAYS AFTER RECEIPT OF THE APPLICATION
FORM.
(E) NO ATTORNEY'S FEES SHALL BE PAID FOR THE FOLLOWING:
(1) ESTATE WORK OR REPRESENTATION OF A CLAIMANT AGAINST A
COLLATERAL SOURCE;
(2) DUPLICATION OF INVESTIGATIVE WORK REQUIRED TO BE PERFORMED BY
THE ATTORNEY GENERAL;
(3) PERFORMANCE OF UNNECESSARY CRIMINAL INVESTIGATION OF THE
OFFENSE;
(4) PRESENTING OR APPEALING AN ISSUE THAT HAS BEEN REPEATEDLY
RULED UPON BY THE HIGHEST APPELLATE AUTHORITY, UNLESS A UNIQUE SET
OF FACTS OR UNIQUE ISSUE OF LAW EXISTS THAT DISTINGUISHES IT;
(5) A FEE REQUEST THAT IS UNREASONABLE, IS NOT COMMENSURATE WITH
SERVICES RENDERED, VIOLATES THE OHIO CODE OF PROFESSIONAL
RESPONSIBILITY, OR IS BASED UPON SERVICES THAT ARE DETERMINED TO BE FRIVOLOUS.
(F)(1) THE ATTORNEY GENERAL MAY REDUCE OR DENY THE PAYMENT OF
ATTORNEY'S FEES TO AN ATTORNEY WHO HAS FILED A FRIVOLOUS CLAIM.
SUBJECT TO DIVISION (A)(5) OF THIS SECTION, THE DENIAL OF A
CLAIM ON THE BASIS OF A FELONY CONVICTION, FELONY CONDUCT, OR
CONTRIBUTORY MISCONDUCT DOES NOT CONSTITUTE A FRIVOLOUS CLAIM.
(2) AS USED IN THIS SECTION, "FRIVOLOUS CLAIM" MEANS A CLAIM IN
WHICH THERE IS CLEARLY NO LEGAL GROUNDS UNDER THE EXISTING LAWS OF
THIS STATE TO SUPPORT THE FILING OF A CLAIM ON BEHALF OF THE
CLAIMANT OR VICTIM.
(G) THE ATTORNEY GENERAL MAY DETERMINE THAT A LESSER NUMBER OF
HOURS SHOULD HAVE BEEN REQUIRED IN A GIVEN CASE. ADDITIONAL REIMBURSEMENT MAY
BE MADE WHERE THE ATTORNEY DEMONSTRATES TO THE ATTORNEY GENERAL THAT THE
NATURE OF THE PARTICULAR CLAIM REQUIRED THE EXPENDITURE OF AN AMOUNT IN EXCESS
OF THAT ALLOWED.
(H) A CONTRACT OR OTHER
AGREEMENT BETWEEN AN ATTORNEY AND ANY PERSON THAT PROVIDES FOR THE PAYMENT OF
ATTORNEY'S
FEES OR OTHER PAYMENTS IN EXCESS OF THE ATTORNEY'S FEES ALLOWED UNDER
THIS SECTION FOR REPRESENTING A CLAIMANT UNDER SECTIONS 2743.51 TO
2743.72 OF THE REVISED CODE SHALL BE VOID AND
UNENFORCEABLE.
(B)(I) Each witness who appears in a hearing on a claim for
an award of reparations shall receive compensation in an amount
equal to that received by witnesses in civil cases as provided in
section 2335.06 of the Revised Code.
Sec. 2743.66. (A) An order of a single commissioner or a
panel of A DECISION OF THE ATTORNEY GENERAL, ORDER OF A court of
claims PANEL OF commissioners, OR JUDGMENT OF A JUDGE OF THE
COURT OF CLAIMS granting an award of
reparations may provide for the payment of the award in a lump
sum or in installments. The part of an award equal to the amount
of economic loss accrued to the date of the award shall be paid
in a lump sum. An award for allowable expense that would accrue
after the award is made shall not be paid in a lump sum. Except
as provided in division (B) of this section, the part of an award
not paid in a lump sum shall be paid in installments.
(B) Upon the motion of the claimant or upon the
recommendation of, the attorney general, a single commissioner
or
a panel of commissioners may commute future economic loss, other
than allowable expense, to a lump sum but only upon a finding
that either of the following applies:
(1) The award in a lump sum will promote the interests of
the claimant.
(2) The present value of all future economic loss, other
than allowable expense, does not exceed one thousand dollars.
(C) A single commissioner or a panel of commissioners THE ATTORNEY
GENERAL may make an award for future economic loss payable in installments
only for a period as to which future economic loss reasonably
can
be determined. An award for future economic loss payable in
installments may be reconsidered and modified upon a finding that
a material and substantial change of circumstances has occurred.
(D) An award is not subject to execution, attachment,
garnishment, or other process, except that, upon receipt of an
award by a claimant:
(1) The part of the award that is for allowable expense or
funeral expense is not exempt from such action by a creditor to
the extent that the creditor provided products, services, or
accommodations
the costs of which are included in the award.
(2) The part of the award that is for work loss shall not
be exempt from such action to secure payment of spousal support,
other maintenance, or child support.
(3) The attorney general may recover the award
pursuant to section 2743.72 of the Revised
Code if it is discovered that the claimant actually was not eligible
for the award or that the award otherwise should not have been made under the
standards and criteria set forth in sections 2743.51 to 2743.72 of the
Revised Code.
(4) If the claimant receives compensation from any other person or entity,
including a collateral source, for an expense that is included within the
award, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the
part of the award that represents the expense for which the claimant received
the compensation from the other person or entity.
(E) An assignment or agreement to assign a right to an
award of reparations is unenforceable, except that an assignment
of a right to receive payment of all or any part of an award of
reparations shall be enforceable and shall be honored by a single
commissioner or a panel of commissioners if all of the following
apply:
(1) Pursuant to this section, the claimant or the victim
through whom the claimant claims an award of reparations
assigns his or her right
to receive payment of all or any part of an award of reparations
for unreimbursed allowable expenses for products, services, or
accommodations provided by the assignee or for unreimbursed funeral expense
for services provided by the assignee;
(2) The unreimbursed allowable expenses for products,
services, or accommodations provided by the assignee that are the
subject of the assignment and that are included in an award of
reparations exceed five hundred dollars, or
the unreimbursed funeral
expense for services provided by the assignee that is the subject of the
assignment and that is included in an award of reparations exceeds
five hundred dollars;
(3) The assignee delivers the assignment to the attorney
general before the attorney general has submitted the attorney
general's finding of
fact and recommendation pursuant to section 2743.59 of the
Revised Code;
(4) The assignment delivered to the attorney general
appears on a separate document, the exclusive subject of which is
"assignment of a right to payment of all or part of an award of
reparations," and the separate document is duly
signed and dated by the assignor
and attested by one or more witnesses;
(5) After an investigation by the attorney general, a
single commissioner or a panel of commissioners determines that
the assignment is valid and that it was entered into voluntarily
by all parties.
(F) For each assignment that meets the requirements of divisions
(E)(1) to (5) of this section, the order granting an award of
reparations shall state separately the amount of the
award or any
part of the award that is based upon unreimbursed allowable
expenses or unreimbursed funeral expense, whichever is the subject of the
assignment, and the
assignment shall be recognized for only that amount. If the
assignee has not cooperated in the investigation of the claim, a
single commissioner or a panel of commissioners may refuse to
recognize an assignment, upon good cause shown. The clerk of the
court of claims shall send a copy of the order granting or
denying an award to the assignee by regular mail.
If an award is limited pursuant to division (C) or (I) of
section 2743.60 of the Revised Code, a single commissioner or a
panel of commissioners may order that payment be made to all
claimants and their assignees upon a pro rata basis. A single
commissioner or a panel of commissioners may determine the terms
of the award issued, including whether the award is to be paid
jointly to the claimant and assignee or separately to the
claimant and assignee.
The assignee shall not be considered a claimant or party in
a claim for an award of reparations that is filed pursuant to
this chapter. The assignee has no right to appear in any hearing
before a commissioner, panel of commissioners, or judge of the
court of claims or to object to or appeal any determination made
by a commissioner, panel of commissioners, or judge of the court
of claims. Any records of the assignee that are related to the
assignment shall be preserved for five years after the assignment
is delivered to the attorney general. After the assignment is
executed, the assignee shall not pursue collection efforts
against the assignor or the claimant who claims through the
assignor until a final determination has been made by a single
commissioner or a panel of commissioners in the court of claims,
except to the extent that direct payment has been made to the
assignor or the claimant who claims through the assignor from a
collateral source.
Upon receipt of payment from any person, including a
collateral source, of all or a part of the funeral expense or allowable
expenses that
are the subject of the assignment, the assignee immediately
shall
notify the attorney general of the payment. The assignee shall
return any moneys already accepted from the reparations fund that
represent a duplicate payment of funeral expense or allowable expenses that
are the
subject of the assignment. If notice of payment is received from
the assignee after the attorney general has submitted the finding
of fact and recommendation, the attorney general shall
immediately notify the court of claims of the payment. If
payment has been made from the fund to an assignee, when the
attorney general receives from the assignee the notice of payment
concerning payment from any person including a collateral source,
the attorney general shall institute any necessary subrogation
proceedings pursuant to section 2743.72 of the Revised Code.
(G) If a person entitled to an award of reparations is
under eighteen years of age and if the amount of the
award exceeds
one thousand dollars, the order providing for the payment of the
award shall specify that the award be paid either to the guardian
of the estate of the minor appointed pursuant to Chapter 2111. of
the Revised Code or to the person or depository designated by the
probate court under section 2111.05 of the Revised Code. If a
person entitled to an award of reparations is under
eighteen years of age and if the amount of the award is one thousand
dollars
or less, the order providing for the payment of the award may
specify that the award be paid to an adult member of the family
of the minor who is legally responsible for
the minor's care or to any
other person designated by the commissioner ATTORNEY GENERAL or
panel of commissioners issuing the DECISION OR order.
Sec. 2743.67. THE ATTORNEY GENERAL MAY MAKE AN EMERGENCY AWARD
IF, BEFORE ACTING ON AN APPLICATION FOR AN AWARD OF REPARATIONS UNDER THIS
SECTION, IT APPEARS
LIKELY THAT A FINAL AWARD WILL BE MADE, AND THE CLAIMANT OR VICTIM WILL SUFFER
UNDUE
HARDSHIP IF IMMEDIATE ECONOMIC RELIEF IS NOT OBTAINED. AN
EMERGENCY AWARD SHALL NOT EXCEED TWO THOUSAND DOLLARS. THE ATTORNEY GENERAL
OR THE COURT OF CLAIMS PANEL OF COMMISSIONERS SHALL DEDUCT AN AMOUNT
OF THE EMERGENCY AWARD FROM THE FINAL AWARD, OR THE CLAIMANT OR VICTIM SHALL
REPAY THE AMOUNT OF THE EMERGENCY AWARD THAT EXCEEDS THE FINAL AWARD MADE TO
THE CLAIMANT.
Sec. 2743.68. A claimant may file a supplemental reparations application in a
claim if a commissioner, THE ATTORNEY GENERAL, A COURT OF
CLAIMS panel of
commissioners, or judge of the court of claims has, within five years
prior to
the filing of the supplemental application, HAS made any of the
following
determinations:
(A) That an award, supplemental award, or installment award be granted;
(B) That an award, supplemental award, or installment award be conditioned or
denied because of actual or potential recovery from a collateral source;
(C) That an award, supplemental award, or installment award be denied because
the claimant had not incurred any economic loss at that time.
Sec. 2743.69. The court of claims ATTORNEY GENERAL shall
prepare and
transmit annually to the governor and the general assembly, THE
PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE, AND THE
MINORITY LEADERS OF BOTH HOUSES
a report of the activities of the court of claims commissioners
OHIO CRIME VICTIMS COMPENSATION PROGRAM UNDER SECTIONS 2743.51 TO
2743.72 of the Revised Code.
The report shall include the number of claims filed, the number
of awards made and the amount of each award, and a statistical
summary of awards made and denied, including the average size of
awards; the balance in the reparations fund, with a listing by
source and amount of the moneys that have been deposited in the
fund; the amount that has been withdrawn from the fund, including
separate listings of the administrative costs incurred by the
ATTORNEY GENERAL AND A court of claims PANEL OF COMMISSIONERS,
salaries of commissioners, compensation of
judges and court personnel, AND the amount awarded as attorney's
fees, and the amount withdrawn by the attorney general after
certification of his costs of
investigation and recommendation.
The attorney general and director of budget and management shall
assist the court of claims ATTORNEY GENERAL in the preparation
of the report
required by this section.
Sec. 2743.71. (A) Any law enforcement agency that
investigates, and any prosecuting attorney, city director of law,
village solicitor, or similar prosecuting authority who
prosecutes, an offense committed in this state shall, upon first
contact with the victim or his THE VICTIM'S family or
dependents, give the
victim or his THE VICTIM'S family or dependents a copy of an
information card
or other printed material provided by the clerk of the court of
claims ATTORNEY GENERAL pursuant to division (B) of this section
and explain, upon
request, the information on the card or material to the victim or
his THE VICTIM'S family or dependents.
(B) The clerk of the court of claims ATTORNEY GENERAL shall
have printed, and shall provide to law enforcement agencies, prosecuting
attorneys, city directors of law, village solicitors, and similar
prosecuting authorities, cards or other materials that contain
information explaining awards of reparations. The information on
the cards or other materials shall include, but shall not be
limited to, the following statements:
(1) Awards of reparations are limited to losses that are
caused by physical injury resulting from criminally injurious
conduct;
(2) Reparations applications are required to be filed
within two years after the date of the criminally injurious
conduct if the victim was an adult, or within the period provided
by division (C)(1) of section 2743.56 of the Revised Code if the
victim of the criminally injurious conduct was a minor;
(3) An attorney who represents an applicant for an award
of reparations cannot charge the applicant for the services
rendered in relation to that representation but is required to
apply to the court of claims ATTORNEY GENERAL for payment for
the representation;
(4) Applications for awards of reparations may be obtained
from THE ATTORNEY GENERAL, LAW ENFORCEMENT AGENCIES, AND VICTIM
ASSISTANCE AGENCIES and are to be filed with, the clerk of the
court of claims
or the clerk of the court of common pleas ATTORNEY GENERAL.
(C) The court of claims commissioners, with the approval
of the attorney general, may order that a reasonable amount of
money be paid out of the reparations fund, subject to the
limitation imposed by division (D) of this section, to the clerk
of the court of claims to be used by the clerk FOR USE BY THE ATTORNEY
GENERAL to publicize the
availability of awards of reparations.
(D) During any fiscal year of the court of claims, the
total expenditure for the printing and providing of information
cards or other materials pursuant to division (B) of this section
and for the publicizing of the availability of awards of
reparations pursuant to division (C) of this section shall not
exceed two per cent of the total of all court costs deposited, in
accordance with section 2743.70 of the Revised Code, in the
reparations fund during the immediately preceding fiscal year of
the court.
Sec. 2743.711. THE ATTORNEY GENERAL IS THE LEGAL REPRESENTATIVE
OF THE REPARATIONS FUND ESTABLISHED BY SECTION 2743.191 OF THE
REVISED CODE. THE ATTORNEY GENERAL MAY INSTITUTE,
PROSECUTE,
AND SETTLE ACTIONS OR PROCEEDINGS FOR THE ENFORCEMENT OF THE
REPARATIONS FUND'S RIGHT OF REPAYMENT, REIMBURSEMENT, RECOVERY, AND
SUBROGATION. THE ATTORNEY GENERAL SHALL DEFEND ALL
SUITS, ACTIONS, OR PROCEEDINGS BROUGHT AGAINST THE FUND.
Sec. 2743.72. (A) If an award of reparations is made
under sections 2743.51 to 2743.71 of the Revised Code, the state,
upon the payment of the award or a part of the award, is
subrogated to all of the claimant's rights to receive or recover
benefits or advantages for economic loss for which an award of
reparations was made from a source that is a collateral source or
would be a collateral source if it were readily available to the
victim or claimant. The claimant may sue the offender for any
damages or injuries caused by the offender's criminally injurious
conduct and not compensated for by an award of reparations. The
claimant may join with the attorney general as co-plaintiff in
any action against the offender.
(B) If payment is made to an assignee pursuant to
divisions (E) and (F) of section 2743.66 of the Revised Code as a
result of the payment of an award of reparations, the state is
subrogated to all of the assignee's rights to receive or recover
benefits or advantages for funeral expense or allowable expenses for which a
reparations payment was made, from a source that is a collateral
source or would be a collateral source if it were readily
available to the victim, claimant, or assignee.
THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS FUND
ESTABLISHED
BY SECTION 2743.191 OF THE REVISED CODE CREATES A RIGHT OF
REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF THE REPARATIONS FUND
FROM
AN INDIVIDUAL WHO IS CONVICTED OF THE OFFENSE THAT
IS THE BASIS OF THE AWARD OF REPARATIONS. FOR PURPOSES OF ESTABLISHING
AN INDIVIDUAL'S LIABILITY UNDER THIS PROVISION, A CERTIFIED JUDGMENT OF THE
INDIVIDUAL'S CONVICTION TOGETHER WITH THE RELATED INDICTMENT IS ADMISSIBLE AS
EVIDENCE TO
PROVE THE INDIVIDUAL'S LIABILITY.
(B) THE PAYMENT OF AN AWARD OF REPARATIONS FROM THE REPARATIONS
FUND CREATES
A RIGHT OF REIMBURSEMENT, REPAYMENT, AND SUBROGATION IN FAVOR OF THE
REPARATIONS FUND FROM A THIRD PARTY WHO, BECAUSE OF AN EXPRESS OR IMPLIED
CONTRACTUAL OR OTHER LEGAL RELATIONSHIP, HAD
AN OBLIGATION TO PAY ANY EXPENSES FOR WHICH AN AWARD OF REPARATIONS WAS
MADE.
(C) If an award of reparations is made to a claimant
under sections 2743.51 to 2743.72 of the Revised Code and if
it is discovered that the claimant actually was not eligible for the award or
that the award otherwise should not have been made under the standards and
criteria set forth in sections 2743.51 to 2743.72 of the Revised
Code, the attorney general FUND is entitled to recover the award
from the
claimant. To recover the award, the attorney general may file a finding of
fact and recommendation against the claimant with a court of claims
commissioner.
If, after filing the finding of fact and recommendation, the attorney general
proves that the claimant actually was
not
eligible for the award or that the award otherwise should not have been made
under the standards and criteria set forth in sections 2743.51 to 2743.72 of
the Revised
Code, the court of claims shall enter an order against
the claimant that requires the claimant to repay the award to the state.
(D) If an award of reparations is made to a claimant under
sections 2743.51 to 2743.72 of the Revised Code, AND if the
claimant receives compensation from any other person or entity, including a
collateral source, for an expense that is included within the award, the
attorney general FUND is entitled to recover from the claimant
the part of the
award that represents the expense for which the claimant received the
compensation from the other person or entity. To recover that part of the
award, the attorney general may file a finding of fact and recommendation
against the claimant with a court of claims commissioner. If, after filing
the finding of fact and recommendation, the attorney general proves that the
claimant received compensation from any other person or entity, including a
collateral source, for an expense that was included within the award, the
court
of claims shall enter an order against the claimant that requires the claimant
to repay to the state the part of the award that represents the expense for
which the claimant received the compensation from the other person or
entity.
(E) THE REPARATIONS FUND IS AN ELIGIBLE RECIPIENT FOR PAYMENT OF
RESTITUTION.
(F) THE SUBROGATION RIGHT OF THE REPARATIONS FUND INCLUDES THE
AMOUNT OF AN AWARD OF REPARATIONS ACTUALLY PAID TO A CLAIMANT OR TO ANOTHER
PERSON ON THE CLAIMANT'S BEHALF AND A RIGHT OF PREPAYMENT FOR THE
ANTICIPATED FUTURE PAYMENT OF AN AWARD OF REPARATIONS TO BE PAID BY REASON OF
CRIMINALLY INJURIOUS CONDUCT.
(G) THE SUBROGATION RIGHT OF THE REPARATIONS FUND IS ENFORCEABLE
THROUGH THE FILING OF AN ACTION IN THE FRANKLIN COUNTY COURT OF
COMMON PLEAS WITHIN SIX YEARS OF THE DATE OF THE LAST PAYMENT OF ANY PART OF
AN AWARD OF REPARATIONS FROM THE FUND. THE TIME OF
AN OFFENDER'S IMPRISONMENT SHALL NOT BE COMPUTED AS ANY PART OF
THIS PERIOD OF LIMITATION. THIS SUBROGATION RIGHT MAY BE ESTABLISHED
AND ENFORCED IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS AS AGAINST
THE HEIRS AND ASSIGNS OF A SUBROGATION DEBTOR.
(H) AS A PREREQUISITE TO BRINGING AN ACTION TO RECOVER AN AWARD
RELATED TO CRIMINALLY INJURIOUS CONDUCT UPON WHICH COMPENSATION IS
CLAIMED OR AWARDED, THE CLAIMANT MUST GIVE THE ATTORNEY GENERAL
PRIOR WRITTEN NOTICE OF THE PROPOSED ACTION. IF AN ACTION IS
INITIATED PRIOR TO A CLAIMANT FILING A REPARATIONS CLAIM OR
SUPPLEMENTAL REPARATIONS CLAIM, THE CLAIMANT MUST GIVE THE
ATTORNEY GENERAL WRITTEN NOTICE OF THE EXISTENCE OF THE ACTION.
AFTER RECEIVING EITHER NOTICE, THE ATTORNEY GENERAL PROMPTLY SHALL
DO ONE OF THE FOLLOWING:
(1) JOIN IN THE ACTION AS A PARTY PLAINTIFF TO RECOVER
ANY REPARATIONS AWARDED;
(2) REQUIRE THE CLAIMANT TO BRING THE ACTION IN THE CLAIMANT'S
INDIVIDUAL NAME AS TRUSTEE ON BEHALF OF THE STATE TO RECOVER ANY REPARATIONS
AWARDED;
(3) RESERVE THE RIGHTS DESCRIBED IN DIVISION (H)(1) OR (2) OF
THIS SECTION.
IF, AS REQUESTED BY THE ATTORNEY GENERAL, THE CLAIMANT BRINGS THE ACTION AS
TRUSTEE AND THE CLAIMANT RECOVERS COMPENSATION AWARDED
BY THE REPARATIONS FUND, THE CLAIMANT MAY DEDUCT FROM THE COMPENSATION
RECOVERED ON BEHALF OF THE STATE THE REASONABLE EXPENSES INCLUDING
ATTORNEY'S FEES ALLOCABLE BY THE COURT FOR THAT RECOVERY.
(I) A CLAIMANT SHALL NOT SETTLE OR RESOLVE ANY ACTION ARISING OUT
OF CRIMINALLY INJURIOUS CONDUCT WITHOUT WRITTEN AUTHORIZATION FROM THE
ATTORNEY GENERAL TO DO SO. ANY ATTEMPT BY A THIRD PARTY
OR AN OFFENDER, OR AN AGENT, AN INSURER, OR ATTORNEYS OF THIRD PARTIES
OR OFFENDERS, TO SETTLE AN ACTION IS VOID AND SHALL RESULT IN NO
RELEASE FROM LIABILITY TO THE REPARATIONS FUND.
(J) IF THERE IS MORE THAN ONE OFFENDER IN CONNECTION WITH AN
INSTANCE OF CRIMINALLY INJURIOUS CONDUCT, EACH OFFENDER IS JOINTLY
AND SEVERALLY LIABLE TO PAY TO THE REPARATIONS FUND THE FULL
AMOUNT OF THE REPARATIONS AWARD.
(K) THE RIGHT OF THE REPARATIONS FUND TO REPAYMENT,
REIMBURSEMENT,
AND SUBROGATION UNDER SECTIONS 2743.711 AND 2743.72 OF THE REVISED
CODE IS AUTOMATIC, REGARDLESS OF WHETHER THE REPARATIONS FUND IS
JOINED AS A PARTY IN AN ACTION BY A CLAIMANT AGAINST AN OFFENDER OR THIRD
PARTY IN CONNECTION WITH
CRIMINALLY INJURIOUS CONDUCT.
(L) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, MAY
ASSERT ITS REPAYMENT, REIMBURSEMENT, OR SUBROGATION RIGHTS THROUGH
CORRESPONDENCE WITH THE CLAIMANT, OFFENDER, OR THIRD PARTY, OR
THEIR LEGAL REPRESENTATIVES. THE ASSERTION IS NOT TO BE CONSIDERED THE
ASSERTION OF A CONSUMER DEBT.
(M) THE REPARATIONS FUND, THROUGH THE ATTORNEY GENERAL, MAY
INSTITUTE AND PURSUE LEGAL PROCEEDINGS AGAINST AN OFFENDER, THIRD PARTY, OR
OVERPAID CLAIMANT. IN ACTIONS AGAINST AN OFFENDER OR
THIRD PARTY, THE CLAIMANT AND VICTIM ARE NOT NECESSARY PARTIES TO
THE ACTION.
(N) THE COSTS AND ATTORNEY'S FEES OF THE ATTORNEY GENERAL IN
ENFORCING THE REPARATIONS FUND'S REIMBURSEMENT, REPAYMENT, OR
SUBROGATION RIGHTS ARE FULLY RECOVERABLE FROM THE LIABLE OFFENDER, THIRD
PARTY, OR OVERPAID CLAIMANT.
(O) All moneys that
are collected by the state pursuant to its rights of subrogation
as provided in division (A) or (B) of this section or
pursuant to the attorney general's authority to recover some or all of an
award of reparations that is granted pursuant to division (C) or
(D) of this section shall be deposited in the reparations
fund.
Sec. 2907.28. (A) Any cost incurred by a hospital or
other emergency medical facility in conducting a medical
examination of a victim of an offense under any provision of sections 2907.02
to 2907.06 of the Revised Code for the purpose of
gathering physical evidence for a possible prosecution shall be
charged to and paid by the appropriate local government as
follows:
(1) Cost incurred by a county facility shall be charged to
and paid by the county;
(2) Cost incurred by a municipal facility shall be charged
to and paid by the municipal corporation;
(3) Cost incurred by a private facility shall be charged
to and paid by the municipal corporation in which the alleged
offense was committed, or charged to and paid by the county, if
committed within an unincorporated area. If separate counts of
an offense or separate offenses under any provisions of sections 2907.02 to
2907.06 of the Revised Code took place in more than
one municipal corporation or more than one unincorporated area,
or both, the local governments shall share the cost of the
examination.
(B)
OUT OF THE REPARATIONS FUND ESTABLISHED PURSUANT TO SECTION
2743.191 of the Revised Code, SUBJECT TO THE FOLLOWING CONDITIONS:
(1) THE HOSPITAL OR EMERGENCY FACILITY SHALL FOLLOW
PROTOCOL ADOPTED BY THE OHIO DEPARTMENT OF HEALTH FOR CONDUCTING
A MEDICAL EXAMINATION OF A VICTIM OF AN OFFENSE UNDER ANY PROVISION OF
SECTIONS 2907.02 TO 2907.06 of the Revised Code FOR THE PURPOSE OF GATHERING PHYSICAL
EVIDENCE FOR A POSSIBLE PROSECUTION AND SHALL USE A SEXUAL EXAMINATION KIT
THAT MEETS THAT PROTOCOL.
(2) THE HOSPITAL OR EMERGENCY FACILITY SHALL SUBMIT
REQUESTS FOR PAYMENT TO THE ATTORNEY GENERAL ON A MONTHLY BASIS, THROUGH
A PROCEDURE DETERMINED BY THE ATTORNEY GENERAL AND ON FORMS APPROVED BY
THE ATTORNEY GENERAL. THE REQUESTS SHALL IDENTIFY THE NUMBER OF
SEXUAL ASSAULT EXAMINATIONS PERFORMED AND SHALL VERIFY THAT ALL
REQUIRED PROTOCOLS WERE MET FOR EACH EXAMINATION FORM SUBMITTED FOR
PAYMENT IN THE REQUEST.
(3) THE ATTORNEY GENERAL SHALL REVIEW ALL REQUESTS FOR PAYMENT
THAT ARE SUBMITTED UNDER DIVISION (A)(2) OF THIS SECTION AND
SHALL SUBMIT FOR PAYMENT AS DESCRIBED IN DIVISION (A)(5) OF THIS
SECTION ALL REQUESTS THAT MEET THE REQUIREMENTS OF THIS SECTION.
(4) THE HOSPITAL OR EMERGENCY FACILITY SHALL ACCEPT A FLAT
FEE PAYMENT FOR CONDUCTING EACH EXAMINATION IN THE AMOUNT
DETERMINED BY THE ATTORNEY GENERAL PURSUANT TO CHAPTER 119. of the Revised Code AS
PAYMENT IN FULL FOR ANY COST INCURRED IN CONDUCTING A MEDICAL EXAMINATION AND
TEST OF A VICTIM OF AN OFFENSE UNDER ANY PROVISION OF SECTIONS 2907.02 TO
2907.06 of the Revised Code FOR THE PURPOSE OF GATHERING PHYSICAL EVIDENCE FOR A POSSIBLE
PROSECUTION OF A PERSON. THE ATTORNEY GENERAL SHALL DETERMINE A FLAT FEE
PAYMENT AMOUNT TO BE PAID UNDER THIS DIVISION THAT IS REASONABLE.
(5) IN APPROVING A PAYMENT UNDER
THIS SECTION, THE ATTORNEY GENERAL SHALL ORDER THE PAYMENT AGAINST THE
STATE AND THE DIRECTOR OF BUDGET AND MANAGEMENT AS ITS AGENT FOR
PAYMENT. THE PAYMENT SHALL BE ACCOMPLISHED ONLY THROUGH THE
FOLLOWING PROCEDURE, AND THE PROCEDURE MAY BE ENFORCED THROUGH A MANDAMUS
ACTION AND A WRIT OF MANDAMUS DIRECTED TO THE APPROPRIATE
OFFICIAL:
(a) THE ATTORNEY GENERAL SHALL CERTIFY THE ATTORNEY GENERAL'S
APPROVAL OF THE PAYMENT AND SHALL FILE THE
CERTIFICATION WITH THE DIRECTOR OF BUDGET AND
MANAGEMENT.
(b) UPON RECEIPT OF THE ATTORNEY GENERAL'S CERTIFICATION OF
APPROVAL OF PAYMENT, THE DIRECTOR SHALL PROVIDE FOR PAYMENT IN THE AMOUNT
SET
FORTH IN THE CERTIFICATION.
(c) THE EXPENSE OF THE PAYMENT OF THE AMOUNT DESCRIBED IN
DIVISION (A)(5)(b) OF THIS SECTION SHALL BE CHARGED
AGAINST ALL
AVAILABLE UNENCUMBERED MONEYS IN THE REPARATIONS FUND.
(B) NO COSTS INCURRED BY A HOSPITAL OR EMERGENCY FACILITY
IN CONDUCTING A MEDICAL EXAMINATION AND TEST OF ANY VICTIM OF AN OFFENSE UNDER
ANY PROVISION OF SECTIONS 2907.02 TO 2907.06 of the Revised Code FOR THE PURPOSE OF GATHERING
PHYSICAL EVIDENCE
FOR A POSSIBLE PROSECUTION OF A PERSON SHALL BE BILLED OR CHARGED
DIRECTLY OR INDIRECTLY TO THE VICTIM OR THE VICTIM'S INSURER.
(C)
Any cost incurred by a hospital or other emergency
medical facility in conducting a medical examination and test of
any person who is charged with a violation of section 2907.02,
2907.03, 2907.04, 2907.05, 2907.12, 2907.24,
2907.241, or 2907.25 of the Revised Code or with a violation
of a municipal ordinance that is substantially equivalent to any of those
sections, pursuant to division (B)
of section 2907.27 of the Revised Code, shall be charged to and
paid by the accused who undergoes the examination and test, unless the court
determines that the accused
is unable to pay, in which case the cost shall be charged to and
paid
by the municipal corporation in which the offense allegedly was
committed, or charged to and paid by the county if the offense
allegedly was committed within an unincorporated area. If separate counts of
an alleged offense or alleged separate offenses under section
2907.02, 2907.03, 2907.04, 2907.05, 2907.12,
2907.24, 2907.241, or
2907.25 of the Revised Code or under a municipal ordinance that is
substantially equivalent to any of those sections took place in
more than one municipal corporation or more than one
unincorporated area, or both, the local governments shall share
the cost of the examination and test. If a
hospital or other emergency medical facility has submitted
charges for the cost of a medical examination and test to an
accused and has been unable to collect payment for the charges
after making good faith attempts to collect for a period of six
months or more, the cost shall be charged to and paid by the
appropriate municipal corporation or county as specified in
division (B)(C) of this section.
Section 2. That existing sections 2743.191, 2743.51, 2743.52,
2743.53, 2743.54, 2743.55, 2743.56, 2743.58, 2743.59,
2743.60, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66,
2743.68, 2743.69, 2743.71, 2743.72, and 2907.28 and sections 2743.57 and
2743.67 of the Revised Code are hereby repealed.
Section 3. For purposes of an application for an award of
reparations under sections 2743.51 to 2743.72 of the Revised Code,
economic loss incurred prior to the effective date of this act
shall be determined in accordance with the law in effect at the
time of the filing of the application, and economic loss incurred
on or after the effective date of this act shall be determined in
accordance with the provisions of this act.
If the Attorney General has filed a finding of fact and
recommendation with respect to a claim in accordance with section
2743.59 of the Revised Code prior to the effective date of this
act, the claim shall be determined procedurally in accordance with
the law in effect at the time of the filing of the finding of fact
and recommendation. If the Attorney General has not filed a
finding of fact and recommendation with respect to a claim in
accordance with section 2743.59 of the Revised Code prior to the
effective date of this act, the claim shall be determined
procedurally in accordance with the provisions of this act.
Attorney's fees incurred on an application or supplemental
application for an award of reparations under sections 2743.51 to
2743.72 of the Revised Code filed prior to the effective date of
this act shall be determined in accordance with the law in effect
at the time of filing of the application, and attorney's fees
incurred on an application or supplemental application filed on or
after the effective date of this act shall be determined in
accordance with the provisions of this act.
Section 4. Section 2907.28 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 40 and Am. Sub. H.B. 445 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 5. Sections 1, 2, 3, and 4 of this act shall take effect July 1,
2000.
Section 6. Notwithstanding any other provision of law to the contrary, the
Director of Budget and Management shall transfer $1,000,000 cash in fiscal
year
2000 from the Reparations Fund (Fund 402) to the General Operations Fund
created in section 3701.83 of the Revised Code (Fund 470) in the Department of
Health no later than 15 days after the effective date of this act.
Notwithstanding any other provision of law to the contrary, the Director of
Budget and Management shall transfer $1,500,000 cash in fiscal year 2001 from
the Reparations Fund (Fund 402) to the General Operations Fund created in
section 3701.83 of the Revised Code (Fund 470) in the Department of Health no
later than July 15, 2000.
Section 7. All items in this section are hereby appropriated as designated out
of any moneys in the state treasury to the credit of the General Operations
Fund created by section 3701.83 of the Revised Code. For all appropriations
made in this act, those in the first column are for fiscal year 2000 and those
in the second column are for fiscal year 2001. The appropriations made in
this act are
in addition to any other appropriations made for the 1999-2001 biennium.
DOH DEPARTMENT OF HEALTH
State Special Revenue Fund Group
470 | 440-618 | General Operations | $ | 1,000,000 | $ | 1,500,000 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 1,000,000 | $ | 1,500,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 1,000,000 | $ | 1,500,000 |
Sexual Assault Prevention and Intervention
Of the foregoing appropriation item 440-618, General Operations, $1,000,000 in
fiscal year 2000 and $1,500,000 in fiscal year 2001 shall be used for the
following purposes:
(A) Funding of new services in counties with no services for sexual assault;
(B) Expansion of services in currently funded projects so that comprehensive
crisis intervention and prevention services are offered;
(C) Start-up funding for Sexual Assault Nurse Examiner (SANE) projects; and
(D) Statewide expansion of local outreach and public awareness efforts.
Within the limits set forth in this act, the Director of Budget and Management
shall establish accounts indicating source and amount of funds for each
appropriation made in this act, and shall determine the form and manner in
which appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as though made in
Am. Sub. H.B. 283 of the 123rd General Assembly.
The appropriations made in this act are subject to all provisions of Am. Sub.
H.B. 283 of the 123rd General Assembly that are generally applicable to such
appropriations.
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