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Sub. H. B. No. 197 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Barnes, Grossman
Cosponsors:
Representatives Antonio, Mallory, Patmon, Schuring, Wachtmann, Brown
A BILL
To amend sections 2743.51, 2743.56, 2743.59, 2743.60,
and 2743.66 and to enact sections 107.64, 3333.27,
and 3344.07 of the Revised Code to award
twenty-five thousand dollars per year for a period
of years to any survivor of abduction; to assist
any survivor of abduction with educational and
health care expenses; to name this act the
"Michelle Knight, Amanda Berry, and Gina DeJesus
Survivors of Abduction Act"; and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.51, 2743.56, 2743.59, 2743.60,
and 2743.66 be amended and sections 107.64, 3333.27, and 3344.07
of the Revised Code be enacted to read as follows:
Sec. 107.64. On an annual basis, a survivor of abduction, as
defined in section 2743.51 of the Revised Code, may submit to the
governor an accounting of the survivor of abduction's physical and
mental health care expenses for the immediately preceding
twelve-month period, as well as a description of any anticipated
physical and mental health care needs for the next year. If the
governor receives an accounting or description from a survivor of
abduction, the governor shall review it. After completing the
review and based on the survivor of abduction's health care
expenses and needs, the governor shall determine an amount to be
provided to the survivor of abduction to meet anticipated expenses
and needs for the next year in the form of reimbursement for
copays and coinsurance or premium assistance.
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;
(e) The estate of a deceased victim who is described in
division (A)(1)(a) 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;
(e) The estate of a deceased victim who is described in
division (A)(2)(a) of this section.
"Claimant" does not include either a collateral source or any
of the following that is established on behalf of a survivor of
abduction: a private fund not in the custody of the state
treasurer or part of the state treasury, a nonprofit organization,
or a trust.
(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:
(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 or that is received as a
benefit from the Ohio public safety officers death benefit fund
created by section 742.62 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 OVI 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;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted a
violation of section 4549.02 or 4549.021 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 OVI 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;
(e) The person engaging in the conduct acted in a manner that
caused serious physical harm to a person and that constituted 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 section 4549.02 or 4549.021 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, 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 hearing aids; dentures, retainers,
and other dental appliances; canes, walkers, and other mobility
tools; and 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 shall not exceed two thousand five
hundred dollars for each immediate family member of a victim of
that type and seven thousand five hundred dollars in the aggregate
for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate
result of criminally injurious conduct may be reimbursed as an
allowable expense through the victim's application for wages lost
and travel expenses incurred in order to attend criminal justice
proceedings arising from the criminally injurious conduct. The
cumulative allowable expense for wages lost and travel expenses
incurred by a family member to attend criminal justice proceedings
shall not exceed five hundred dollars for each family member of
the victim and two thousand dollars in the aggregate for all
family members of the victim.
(4)(a) "Allowable expense" includes reasonable expenses and
fees necessary to obtain a guardian's bond pursuant to section
2109.04 of the Revised Code when the bond is required to pay an
award to a fiduciary on behalf of a minor or other incompetent.
(b) "Allowable expense" includes attorney's fees not
exceeding one thousand dollars, at a rate not exceeding one
hundred dollars per hour, incurred to successfully obtain a
restraining order, custody order, or other order to physically
separate a victim from an offender. Attorney's fees for the
services described in this division may include an amount for
reasonable travel time incurred to attend court hearings, not
exceeding three hours' round-trip for each court hearing, assessed
at a rate not exceeding thirty dollars per hour.
(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)(1) "Funeral expense" means any reasonable charges that
are not in excess of seven thousand five hundred dollars per
funeral and that are incurred for expenses directly related to a
victim's funeral, cremation, or burial and any wages lost or
travel expenses incurred by a family member of a victim in order
to attend the victim's funeral, cremation, or burial.
(2) An award for funeral expenses shall be applied first to
expenses directly related to the victim's funeral, cremation, or
burial. An award for wages lost or travel expenses incurred by a
family member of the victim shall not exceed five hundred dollars
for each family member and shall not exceed in the aggregate the
difference between seven thousand five hundred dollars and
expenses that are reimbursed by the program and that are directly
related to the victim's funeral, cremation, or burial.
(O) "Unemployment benefits loss" means a loss of unemployment
benefits pursuant to Chapter 4141. of the Revised Code when the
loss arises solely from the inability of a victim to meet the able
to work, available for suitable work, or the actively seeking
suitable work requirements of division (A)(4)(a) of section
4141.29 of the Revised Code.
(P) "OVI 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 a
combination of them, or of any municipal ordinance prohibiting the
operation of a vehicle with a prohibited concentration of alcohol,
a controlled substance, or a metabolite of a controlled substance
in the whole blood, blood serum or plasma, 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 a
combination of them, 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 a combination of them,
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, or judgment 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 any of the following:
(1) The replacement cost for items of clothing removed from a
victim in order to make an assessment of possible physical harm or
to treat physical harm;
(2) Reasonable and necessary costs of cleaning the scene and
repairing, for the purpose of personal security, property damaged
at 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 resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is related to the victim by
affinity or consanguinity.
(X) "Family member" means an individual who is related to a
victim by affinity or consanguinity.
(Y) "Survivor of abduction" means either of the following:
(1) A person who is the victim of a violation of section
2905.01 of the Revised Code who regained freedom on May 6, 2013,
and to whom both of the following apply:
(a) The person was restrained by force or threat for a period
of at least eight years between August 2002 and May 2013;
(b) The person was subjected to unwanted sexual activity or
serious physical harm.
(2) Any child born as a proximate result of a violation of
section 2905.01 of the Revised Code to a person who was the victim
of that violation and who is a survivor of abduction.
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 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
attorney general and shall include a release authorizing the
attorney general and the court of claims 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.
(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.
(2) If the victim of the criminally injurious conduct was an
adult, at any time after the occurrence of the criminally
injurious conduct;
(3) If the victim of the criminally injurious conduct is a
survivor of abduction as defined in section 2743.51 of the Revised
Code, at any time after the occurrence of the criminally injurious
conduct.
Sec. 2743.59. (A)(1) The attorney general shall fully
investigate 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
(2) Before conducting the investigation required under
division (A)(1) of this section, the attorney general shall
determine whether the claimant is a survivor of abduction. If the
attorney general finds that the claimant is a survivor of
abduction, the attorney general shall award the claimant
twenty-five thousand dollars, payable once per year, for a period
of years lasting the number of years that the claimant was
restrained. The attorney general is not required to make a written
finding of fact and decision concerning a claimant that the
attorney general determines is a survivor of abduction. The amount
received by the claimant shall be reduced by any other award of
reparations under this section for the criminally injurious
conduct alleged in the application.
(3) Except as provided in division (A)(2) of this section,
after completing the investigation, the attorney general shall
make a written finding of fact and decision concerning an award of
reparations.
(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 with a judge of the court
of claims 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 a judge of the court of claims 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 a judge of the court of claims 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;
(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) Whether the victim of the criminally injurious conduct
was a minor;
(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;
(9) Any information that is relevant to the claim for an
award of reparations.
(D) The 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, whether payments made pursuant to the award
are to be made to the claimant, to a provider, or jointly to the
claimant and a provider, and the amount of the payments to the
claimant 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 decides that an award not be made
to the claimant, the reasons for that decision.
(E) The attorney general shall make a written finding of fact
and decision in accordance with sections 2743.51 to 2743.72 of the
Revised Code within one hundred twenty days after receiving the
claim application. The attorney general may extend the
one-hundred-twenty-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. The attorney general shall serve a copy of its
written finding of fact and decision upon the claimant.
Sec. 2743.60. (A) The attorney general, a court of claims
panel of commissioners, or a judge of the court of claims shall
not make or order an award of reparations to a claimant if the
criminally injurious conduct upon which the claimant bases a claim
never was reported to a law enforcement officer or agency.
(B)(1) 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 if any of the following apply:
(a) The claimant is the offender or an accomplice of the
offender who committed the criminally injurious conduct, 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 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) 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) 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)(1) Except as otherwise provided in division (E)(2) of
this section, 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:
(a) 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.
(b) 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.
(c) It is proved by a preponderance of the evidence that the
victim or the claimant engaged, within ten years prior to the
criminally injurious conduct that gave rise to the claim or during
the pendency of the claim, in 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.
(d) 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.
(e) It is proved by a preponderance of the evidence that the
victim at the time of the criminally injurious conduct that gave
rise to the claim engaged in conduct that was a felony violation
of section 2925.11 of the Revised Code or engaged in any
substantially similar conduct that would constitute a felony under
the laws of this state, another state, or the United States.
(2) The attorney general, a panel of commissioners, or a
judge of the court of claims may make an award to a minor
dependent of a deceased victim for dependent's economic loss or
for counseling pursuant to division (F)(2) of section 2743.51 of
the Revised Code if the minor dependent is not ineligible under
division (E)(1) of this section due to the minor dependent's
criminal history and if the victim was not killed while engaging
in illegal conduct that contributed to the criminally injurious
conduct that gave rise to the claim. For purposes of this section,
the use of illegal drugs by the deceased victim shall not be
deemed to have contributed to the criminally injurious conduct
that gave rise to the claim.
(F) In determining whether to make an award of reparations
pursuant to this section, the attorney general or panel of
commissioners shall consider whether there was contributory
misconduct by the victim or the claimant. 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.
When the attorney general decides whether a claim should be
denied because of an allegation of contributory misconduct, 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.
(G) 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, 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 Except as provided in division (A)(2) of
section 2743.59 of the Revised Code, 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. If the attorney general, a
panel of commissioners, or a judge of the court of claims reduces
an award under division (F) of this section, the maximum aggregate
amount of reparations payable under this division shall be reduced
proportionately to the reduction under division (F) of this
section.
(J) Nothing in this section shall be construed to prohibit an
award to a claimant whose claim is based on the claimant's being a
victim of a violation of section 2905.32 of the Revised Code if
the claimant was less than eighteen years of age when the
criminally injurious conduct occurred.
Sec. 2743.66. (A) A Except as provided in division (F) of
this section, 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, the attorney general 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) 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) 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 attorney general or panel of
commissioners issuing the decision or order.
(F) Except as provided in division (A)(2) of section 2743.59
of the Revised Code, the payment of an award of reparations to a
survivor of abduction shall be paid in installments of twenty-five
thousand dollars, once per year for a period of years lasting the
number of years that the person was restrained.
Sec. 3333.27. The chancellor of the board of regents shall
disburse to the Cleveland state university an amount sufficient to
cover living expenses for a survivor of abduction as defined in
section 2743.51 of the Revised Code who is enrolled in the
Cleveland state university to be disbursed each semester by the
Cleveland state university directly to the survivor of abduction.
Sec. 3344.07. There is hereby created within the Cleveland
state university the survivors of abduction educational assistance
program to provide academic services and instruction to any
survivor of abduction as defined in section 2743.51 of the Revised
Code. The board of trustees of the Cleveland state university
shall administer the program. The board may delegate to officers
and employees of the university any of the duties of the board
required by this section. The board shall assist each survivor of
abduction in the admissions process and, once enrolled, shall
provide each survivor of abduction at least five academic years of
instruction at the university at no cost to the survivor of
abduction. If the survivor of abduction needs remedial instruction
prior to enrollment, the board shall coordinate the instruction
with a local community college and shall ensure that the remedial
instruction is provided at no cost to the survivor of abduction.
Section 2. That existing sections 2743.51, 2743.56, 2743.59,
2743.60, and 2743.66 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the "Michelle Knight,
Amanda Berry, and Gina DeJesus Survivors of Abduction Act."
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
assist survivors of abduction, without delay, in their recovery
and transition to freedom and to restore promptly their mental and
physical health. Therefore, this act shall go into immediate
effect.
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