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To amend sections 109.92, 2743.09, 2743.121, 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, 2743.531, and 2743.711, and to repeal sections 2743.57 and 2743.67 of the Revised Code and to amend Sections 21 and 33 of Am. Sub. H.B. 283 of the 123rd General Assembly 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 109.92, 2743.09, 2743.121, 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, 2743.531, and 2743.711 of the Revised Code be enacted to read as follows: Sec. 109.92. (A) Appropriations may be made by the
general assembly to the office of the attorney general for the
purpose of providing state financial assistance to victim
assistance programs that operate in the state. (B) A victim assistance program may apply to the crime victims assistance office for state financial assistance out of funds appropriated to the office of the attorney general for that purpose by the general assembly. Each application for such financial assistance shall include all of the following information: (1) Evidence that the program is incorporated in this state as a nonprofit corporation or is a program established by a unit of state or local government; (2) The proposed budget of the program for the period during which the financial assistance is sought; (3) A summary of services offered by the program; (4) An estimate of the number of persons served by the program. (C) Within thirty days of receipt of an application for financial assistance from a victim assistance program in accordance with division (B) of this section, the crime victims assistance office, based in part on the recommendations of the victim assistance advisory board made pursuant to section 109.91 of the Revised Code, shall notify the program in writing whether it is eligible for financial assistance and, if eligible, estimate the amount that will be made available to the program and the time when the financial assistance will be made available. (D) Each victim assistance program that receives any
financial assistance pursuant to this section shall use the
financial assistance only to provide the services identified in
its application for such assistance as being services it offered
and to cover a reasonable cost of administration of the program.
Each victim assistance program that receives any such financial
assistance shall make a good faith effort to minimize its costs
of administration.
Sec. 2743.09. The clerk of the court of claims shall do all of the following: (A) Administer oaths and take and certify affidavits, depositions, and acknowledgments of powers of attorney and other instruments in writing; (B) Prepare the dockets, enter and record the orders, judgments, decisions, awards, and proceedings of the court of claims and the court of claims commissioners, and issue writs and process; (C) Maintain an office in Franklin county in rooms provided by the supreme court for that purpose; (D) Keep an appearance docket of civil actions, claims for an award of reparations, and appeals from decisions of the court of claims commissioners. The clerk may refuse to accept for filing any pleading or paper that relates to a civil action in the court of claims and that is submitted for filing by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section. Upon the commencement of an action or claim, the clerk shall assign it a number. This number shall be placed on the first page, and every continuation page, of the appearance docket that concerns the particular action or claim. In addition this number and the names of the parties shall be placed on the case file, and every paper filed in the action or claim. At the time the action is commenced the clerk shall enter in the appearance docket the names of the parties in full and the names of counsel and shall index the action alphabetically by the last name of each party. Thereafter, the clerk shall chronologically note in the appearance docket all process issued and returns, pleas, motions, papers filed in the action, orders, verdicts, and judgments. The notations shall be brief but shall show the date of filing, substance, and journal volume and page of each order, verdict, and judgment. An action is commenced for purposes of this division by the filing of a complaint, including a form complaint under section 2743.10 of the Revised Code or a petition for removal. At the time (E) Keep all original papers filed in an action or claim in a separate file folder and a journal in which all orders, verdicts, and judgments of the court and commissioners shall be recorded; (F) Charge and collect fees pursuant to section 2303.20 of the Revised Code, keep a cashbook in which the clerk shall enter the amounts received, make a report to the clerk of the supreme court each quarter of the fees received during the preceding quarter, and pay them monthly into the state treasury; (G) Appoint stenographers, shorthand reporters, and other clerical personnel; (H) Under the direction of the chief justice, establish
procedures for hearing and determining
Sec. 2743.121. (A) A (B) 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 (B) In making an award of reparations, (1) The
(C) (D) The attorney general shall 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, (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 division (A)(1) of section 2903.06 of the Revised Code; (3) A violation of division (A)(2), (3), or (4) of section 2903.06 of the Revised Code or of a municipal ordinance substantially similar to any of those divisions, 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) or (2) of this section or if that law is substantially similar to a violation described in division (P)(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 DECISION, order (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 VICTIM OR CLAIMANT WITH A PRODUCT, SERVICE, OR ACCOMMODATIONS THAT ARE AN ALLOWABLE EXPENSE OR A FUNERAL 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 (B) A COURT OF CLAIMS PANEL OF COMMISSIONERS OR A JUDGE OF THE COURT OF CLAIMS 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 Sec. 2743.521. (A) FOR CLAIMS FOR MEDICAL, PSYCHOLOGICAL, DENTAL, CHIROPRACTIC, HOSPITAL, PHYSICAL THERAPY, AND NURSING SERVICES, THE ATTORNEY GENERAL MAY AUDIT FEE BILL PAYMENTS AND ADJUST FEE BILL REIMBURSEMENTS IN ACCORDANCE WITH APPROPRIATE COST CONTAINMENT AND REIMBURSEMENT GUIDELINES ADOPTED BY THE ADMINISTRATOR OF WORKERS COMPENSATION. (B) A MEDICAL PROVIDER THAT ACCEPTS PAYMENT FOR MEDICAL
CARE-RELATED ALLOWABLE EXPENSES AS PART OF AN AWARD OF REPARATIONS
SHALL NOT SEEK
REIMBURSEMENT FOR ANY PART OF THOSE ALLOWABLE EXPENSES FROM THE VICTIM OR THE
CLAIMANT WHO
WAS GRANTED THE AWARD. THIS DIVISION DOES NOT
PROHIBIT THE MEDICAL PROVIDER FROM SEEKING REIMBURSEMENT FROM A
COLLATERAL SOURCE.
Sec. 2743.53.
(B) A JUDGE OF THE COURT OF CLAIMS SHALL HEAR AND DETERMINE ALL MATTERS RELATING TO APPEALS FROM DECISIONS OR ORDERS OF A PANEL OF COMMISSIONERS OF THE COURT OF CLAIMS. Sec. 2743.531. THE COURT OF CLAIMS VICTIMS OF CRIME FUND IS HEREBY CREATED IN THE STATE TREASURY. THE FUND SHALL BE USED TO PAY THE COMPENSATION OF THE COURT OF CLAIMS COMMISSIONERS, THE COMPENSATION OF JUDGES OF THE COURT OF CLAIMS NECESSARY TO HEAR AND DETERMINE APPEALS FROM THE COMMISSIONERS, THE COMPENSATION OF ANY COURT OF CLAIMS PERSONNEL NEEDED TO ADMINISTER SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE, AND OTHER ADMINISTRATIVE EXPENSES OF HEARING AND DETERMINING APPEALS BY COURT OF CLAIMS COMMISSIONERS AND JUDGES. AT THE BEGINNING OF EACH FISCAL YEAR, THE DIRECTOR OF BUDGET AND
MANAGEMENT SHALL TRANSFER CASH FROM THE REPARATIONS FUND TO THE COURT OF
CLAIMS VICTIMS OF CRIME FUND IN AN AMOUNT SUFFICIENT TO MAKE THE CASH
BALANCE IN THE COURT OF CLAIMS VICTIMS OF CRIME FUND EQUAL TO THE
SUM OF THE APPROPRIATION FOR THAT FISCAL YEAR AND ALL PRIOR FISCAL
YEAR ENCUMBRANCES. IF THE APPROPRIATION FROM THE COURT OF CLAIMS
VICTIMS OF CRIME FUND IS INCREASED DURING THE FISCAL YEAR, THE
DIRECTOR SHALL TRANSFER CASH FROM THE REPARATIONS FUND TO THE
COURT OF CLAIMS VICTIMS OF CRIME FUND IN AN AMOUNT EQUAL TO THE
INCREASE IN THE APPROPRIATION.
Sec. 2743.54. (A) The supreme court shall appoint at least three court of
claims commissioners to hear (B) The supreme court shall fix the compensation of the court of claims
commissioners, Sec. 2743.55. (A)
(B)
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
(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. (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.
Sec. 2743.59. (A) The attorney general (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 (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
(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, WHETHER DISQUALIFYING CONDITIONS EXIST 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)
(D) The (1) A statement as to whether A CLAIMANT IS ELIGIBLE FOR an award of
reparations
(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 (E) The attorney general shall make
Sec. 2743.60. (A) (B)(1) (a) THE CLAIMANT is the offender or an accomplice of the
offender who
committed the criminally injurious conduct, (b) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, BOTH OF THE FOLLOWING APPLY: (i) THE VICTIM 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 VICTIM 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 VICTIM 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) (D) 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) (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 (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,
(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) (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, (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 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
(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 (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 (b) Notwithstanding division (A)(2)(a)
of this section, (B) If the mental, physical, or emotional condition of a
victim or claimant is material to a claim for an award of
reparations, (C) On request of the person examined, the (D) (E) The 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, Sec. 2743.64. If the prosecuting attorney of the county in which the
criminally injurious conduct allegedly occurred Sec. 2743.65. (A) (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 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.
Sec. 2743.66. (A) (B) Upon the motion of the claimant (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) (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)
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.
IF NO FINAL AWARD IS
MADE, THE CLAIMANT OR VICTIM SHALL REPAY THE ENTIRE EMERGENCY
AWARD.
Sec. 2743.68. A claimant may file a supplemental reparations application in a
claim if (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 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 (B) The (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 (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 (C) The (D) During any fiscal year 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)
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 (D) If an award of reparations is made to a claimant under
sections 2743.51 to 2743.72 of the Revised Code (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 Sec. 2907.28. (A) Any cost incurred by a hospital or
(1) THE HOSPITAL OR EMERGENCY FACILITY SHALL FOLLOW A PROTOCOL FOR CONDUCTING SUCH MEDICAL EXAMINATIONS THAT IS IDENTIFIED BY THE ATTORNEY GENERAL IN RULE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. (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. 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 PROVIDE FOR PAYMENT IN THE AMOUNT SET FORTH IN THE ORDER. (b) THE EXPENSE OF THE PAYMENT OF THE AMOUNT DESCRIBED IN 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 Section 2. That existing sections 109.92, 2743.09, 2743.121, 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, any issues concerning participation in the program, eligibility for benefits, and exclusionary conditions shall be determined under the version of those sections in effect at the time of the criminally injurious conduct. 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 section, 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 section, the claim shall be determined procedurally in accordance with the provisions of this act. Notwithstanding section 2743.531 of the Revised Code, the Court of Claims Victims of Crime Fund may be used to pay reparations awards with respect to claims for which the Attorney General has filed a finding of fact and recommendation prior to the effective date of this section. 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 section 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 section shall be determined in accordance with the provisions of this act. Section 4. Sections 1, 2, 3, and 10 of this act, and the items of law of which those sections are composed, are subject to the referendum and shall take effect on the later of July 1, 2000, or the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any of those sections or against any item of law contained within those sections, the section or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law. Section 5. 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 Sexual Assault Prevention and Intervention Fund (Fund 5K4) 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 Sexual Assault Prevention and Intervention Fund (Fund 5K4) in the Department of Health no later than July 15, 2000. Section 6. 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. State Special Revenue Fund Group
Sexual Assault Prevention and Intervention Of the foregoing appropriation item 440-617, Sexual Assault Prevention and Intervention, $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. The Director of Budget and Management may use the authority granted pursuant to section 126.15 of the Revised Code to make adjustments to the operating budget that the Director determines to be necessary as a result of this act. 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. Section 7. That Sections 21 and 33 of Am. Sub. H.B. 283 of the 123rd General Assembly be amended to read as follows: "Sec. 21. AGO ATTORNEY GENERAL General Revenue Fund
General Services Fund Group
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Law-Related Education The foregoing appropriation item 055-405, Law-Related Education, shall be distributed directly to the Ohio Center for Law-Related Education for the purposes of providing continuing citizenship education activities to primary and secondary students and accessing additional public and private money for new programs. Workers' Compensation Section The Workers' Compensation Section Fund (Fund 195) shall receive payments from the Bureau of Workers' Compensation and the Ohio Industrial Commission at the beginning of each quarter of each fiscal year to fund legal services to be provided to the Bureau of Workers' Compensation and the Ohio Industrial Commission during the ensuing quarter. Such advance payment shall be subject to adjustment. In addition, the Bureau of Workers' Compensation shall transfer payments at the beginning of each quarter for the support of the Workers' Compensation Fraud Unit. All amounts shall be mutually agreed upon by the Attorney General, the Bureau of Workers' Compensation, and the Ohio Industrial Commission. Corrupt Activity Investigation and Prosecution The foregoing appropriation item 055-636, Corrupt Activity Investigation and Prosecution, shall be used as provided by division (D)(2) of section 2923.35 of the Revised Code to dispose of the proceeds, fines, and penalties credited to the Corrupt Activity Investigation and Prosecution Fund, which is created in division (D)(1)(b) of section 2923.35 of the Revised Code. If it is determined that additional amounts are necessary, the amounts are hereby appropriated. Community Police Match and Law Enforcement Assistance In fiscal years 2000 and 2001, the Attorney General's Office may request the Director of Budget and Management to, and the Director of Budget and Management shall, establish GRF appropriation item 055-406, Community Police Match and Law Enforcement Assistance. The Director of Budget and Management shall then transfer appropriation authority from appropriation item 055-321, Operating Expenses, to appropriation item 055-406, Community Police Match and Law Enforcement Assistance. Moneys transferred to appropriation item 055-406 shall be used to pay operating expenses and to provide grants to local law enforcement agencies and communities for the purpose of supporting law enforcement-related activities. Sec. 33. CLA COURT OF CLAIMS General Revenue Fund
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Section 8. That existing Sections 21 and 33 of Am. Sub. H.B. 283 of the 123rd General Assembly are hereby repealed. Section 9. Sections 4, 5, 6, 7, 8, and 9 of this act, and the items of law of which those sections are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, those sections and the items of law of which those sections are composed go into immediate effect when this act becomes law. Section 10. (A) During the period beginning on the effective date of this section and ending one year thereafter, the Attorney General shall accept applications for reparations under sections 2743.51 to 2743.72 of the Revised Code for either of the following: (1) Economic loss arising from criminally injurious conduct that occurred before January 3, 1976 and was at least a felony of the first degree; (2) Economic loss arising from criminally injurious conduct that occurred on or after January 3, 1976 and was at least a felony of the first degree, where the economic loss was not compensable under sections 2743.51 to 2743.72 of the Revised Code at the time it arose but is compensable under those sections on and after the effective date of this section. (B) The Attorney General, a Court of Claims Panel of Commissioners, or a Judge of the Court of Claims may make an award of reparations with respect to an application filed under this section, provided that the total amount of awards made under this section shall not exceed five hundred thousand dollars. Applications for such awards shall be considered in the order they are received. The amount of any such award shall be determined under sections 2743.51 to 2743.72 of the Revised Code as those sections exist on the effective date of this section. (C) An individual who received compensation under former sections 2743.31 to 2743.35 of the Revised Code is not eligible for an award under this section with respect to the criminally injurious conduct for which that compensation was received. (D) If the total amount of all qualified claims under this section exceeds $500,000, then the award made to each claimant shall be reduced proportionately by multiplying the claim by the ratio of $500,000 divided by the total of all qualified claims. |
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