Bill Text: OH HB261 | 2013-2014 | 130th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To abolish the office of the Court of Claims commissioner, to transfer the powers of a judge of the Court of Claims to the court; to specify certain powers of a Court of Claims magistrate, to modify the Attorney General's annual report on the crime victims compensation program, to conform existing law to the existing filing period for filing a claim for reparations by an adult, to eliminate the procedure for filing an affidavit of disqualification for a judge of a municipal or county court and instead include the disqualification of a judge of a municipal or county court and a judge of the court of claims within the procedure for filing an affidavit of disqualification for a probate judge, a judge of a court of appeals, and a judge of the court of common pleas, to change the basis of the per diem compensation of a retired judge who serves on the Court of Claims from the annual compensation of a judge of a court of appeals to the annual compensation of a judge of a court of common pleas, to modify the methods of filling a vacant municipal or county court judgeship, of assigning an additional judge for a municipal court, and of compensating the new or additional judge and to modify the procedure for reimbursing counties for compensating such judges.
Spectrum: Slight Partisan Bill (Republican 17-6)
Status: (Passed) 2014-07-10 - Effective Date [HB261 Detail]
Download: Ohio-2013-HB261-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To abolish the office of the Court of Claims commissioner, to transfer the powers of a judge of the Court of Claims to the court; to specify certain powers of a Court of Claims magistrate, to modify the Attorney General's annual report on the crime victims compensation program, to conform existing law to the existing filing period for filing a claim for reparations by an adult, to eliminate the procedure for filing an affidavit of disqualification for a judge of a municipal or county court and instead include the disqualification of a judge of a municipal or county court and a judge of the court of claims within the procedure for filing an affidavit of disqualification for a probate judge, a judge of a court of appeals, and a judge of the court of common pleas, to change the basis of the per diem compensation of a retired judge who serves on the Court of Claims from the annual compensation of a judge of a court of appeals to the annual compensation of a judge of a court of common pleas, to modify the methods of filling a vacant municipal or county court judgeship, of assigning an additional judge for a municipal court, and of compensating the new or additional judge and to modify the procedure for reimbursing counties for compensating such judges.
Spectrum: Slight Partisan Bill (Republican 17-6)
Status: (Passed) 2014-07-10 - Effective Date [HB261 Detail]
Download: Ohio-2013-HB261-Introduced.html
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Representatives Butler, Stinziano
To amend sections 2701.03, 2701.031, 2743.03, | 1 |
2743.04, 2743.09, 2743.121, 2743.20, 2743.52, | 2 |
2743.53, 2743.531, 2743.55, 2743.60, 2743.601, | 3 |
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, | 4 |
2743.66, 2743.67, 2743.68, 2743.69, and 2743.71, | 5 |
to enact section 2743.041, and to repeal section | 6 |
2743.54 of the Revised Code to abolish the office | 7 |
of the Court of Claims commissioner, to transfer | 8 |
the powers of a judge of the Court of Claims to | 9 |
the court; to specify certain powers of a Court of | 10 |
Claims magistrate, to modify the Attorney | 11 |
General's annual report on the crime victims | 12 |
compensation program, to conform existing law to | 13 |
the existing filing period for filing a claim for | 14 |
reparations by an adult, to eliminate the | 15 |
procedure for filing an affidavit of | 16 |
disqualification for a judge of a municipal or | 17 |
county court and instead include the | 18 |
disqualification of a judge of a municipal or | 19 |
county court and a judge of the court of claims | 20 |
within the procedure for filing an affidavit of | 21 |
disqualification for a probate judge, a judge of a | 22 |
court of appeals, and a judge of the court of | 23 |
common pleas, and to change the basis of the per | 24 |
diem compensation of a retired judge who serves on | 25 |
the Court of Claims from the annual compensation | 26 |
of a judge of a court of appeals to the annual | 27 |
compensation of a judge of a court of common | 28 |
pleas. | 29 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2701.03, 2701.031, 2743.03, 2743.04, | 30 |
2743.09, 2743.121, 2743.20, 2743.52, 2743.53, 2743.531, 2743.55, | 31 |
2743.60, 2743.601, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, | 32 |
2743.66, 2743.67, 2743.68, 2743.69, and 2743.71 be amended and | 33 |
section 2743.041 of the Revised Code be enacted to read as | 34 |
follows: | 35 |
Sec. 2701.03. (A) If a judge of the court of common pleas | 36 |
allegedly is interested in a proceeding pending before the court, | 37 |
allegedly is related to or has a bias or prejudice for or against | 38 |
a party to a proceeding pending before the court or a party's | 39 |
counsel, or allegedly otherwise is disqualified to preside in a | 40 |
proceeding pending before the court, any party to the proceeding | 41 |
or the party's counsel may file an affidavit of disqualification | 42 |
with the clerk of the supreme court in accordance with division | 43 |
(B) of this section. | 44 |
(B) An affidavit of disqualification filed under section | 45 |
2101.39 | 46 |
division (A) of this section shall be filed with the clerk of the | 47 |
supreme court not less than seven calendar days before the day on | 48 |
which the next hearing in the proceeding is scheduled and shall | 49 |
include all of the following: | 50 |
(1) The specific allegations on which the claim of interest, | 51 |
bias, prejudice, or disqualification is based and the facts to | 52 |
support each of those allegations or, in relation to an affidavit | 53 |
filed against a judge of a court of appeals, a specific allegation | 54 |
that the judge presided in the lower court in the same proceeding | 55 |
and the facts to support that allegation; | 56 |
(2) The jurat of a notary public or another person authorized | 57 |
to administer oaths or affirmations; | 58 |
(3) A certificate indicating that a copy of the affidavit has | 59 |
been served on the probate judge, judge of a court of appeals,
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judge of a court of common pleas, judge of a municipal or county | 61 |
court, or judge of the court of claims against whom the affidavit | 62 |
is filed and on all other parties or their counsel; | 63 |
(4) The date of the next scheduled hearing in the proceeding | 64 |
or, if there is no hearing scheduled, a statement that there is no | 65 |
hearing scheduled. | 66 |
(C)(1) Except as provided in division (C)(2) of this section, | 67 |
when an affidavit of disqualification is presented to the clerk of | 68 |
the supreme court for filing under division (B) of this section, | 69 |
all of the following apply: | 70 |
(a) The clerk of the supreme court shall accept the affidavit | 71 |
for filing and shall forward the affidavit to the chief justice of | 72 |
the supreme court. | 73 |
(b) The supreme court shall send notice of the filing of the | 74 |
affidavit to the probate court served by the judge if the | 75 |
affidavit is filed against a probate court judge, to the clerk of | 76 |
the court of appeals served by the judge if the affidavit is filed | 77 |
against a judge of a court of appeals, | 78 |
court of common pleas served by the judge if the affidavit is | 79 |
filed against a judge of a court of common pleas, to the clerk of | 80 |
the municipal or county court served by the judge if the affidavit | 81 |
is filed against a judge of a municipal or county court, or to the | 82 |
clerk of the court of claims if the affidavit is filed against a | 83 |
judge of the court of claims. | 84 |
(c) Upon receipt of the notice under division (C)(1)(b) of | 85 |
this section, the probate court, the clerk of the court of | 86 |
appeals, | 87 |
the municipal or county court, or the clerk of the court of claims | 88 |
shall enter the fact of the filing of the affidavit on the docket | 89 |
of the probate court, the docket of the court of appeals, | 90 |
docket in the proceeding in the court of common pleas, the docket | 91 |
of the proceeding in the municipal or county court, or the docket | 92 |
of the proceeding in the court of claims. | 93 |
(2) The clerk of the supreme court shall not accept an | 94 |
affidavit of disqualification presented for filing under division | 95 |
(B) of this section if it is not timely presented for filing or | 96 |
does not satisfy the requirements of divisions (B)(2), (3), and | 97 |
(4) of this section. | 98 |
(D)(1) Except as provided in divisions (D)(2) to (4) of this | 99 |
section, if the clerk of the supreme court accepts an affidavit of | 100 |
disqualification for filing under divisions (B) and (C) of this | 101 |
section, the affidavit deprives the judge against whom the | 102 |
affidavit was filed of any authority to preside in the proceeding | 103 |
until the chief justice of the supreme court, or a justice of the | 104 |
supreme court designated by the chief justice, rules on the | 105 |
affidavit pursuant to division (E) of this section. | 106 |
(2) A judge against whom an affidavit of disqualification has | 107 |
been filed under divisions (B) and (C) of this section may do any | 108 |
of the following that is applicable: | 109 |
(a) If, based on the scheduled hearing date, the affidavit | 110 |
was not timely filed, the judge may preside in the proceeding. | 111 |
(b) If the proceeding is a domestic relations proceeding, the | 112 |
judge may issue any temporary order relating to spousal support | 113 |
pendente lite and the support, maintenance, and allocation of | 114 |
parental rights and responsibilities for the care of children. | 115 |
(c) If the proceeding pertains to a complaint brought | 116 |
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge | 117 |
may issue any temporary order pertaining to the relation and | 118 |
conduct of any other person toward a child who is the subject of a | 119 |
complaint as the interest and welfare of the child may require. | 120 |
(3) A judge against whom an affidavit of disqualification has | 121 |
been filed under divisions (B) and (C) of this section may | 122 |
determine a matter that does not affect a substantive right of any | 123 |
of the parties. | 124 |
(4) If the clerk of the supreme court accepts an affidavit of | 125 |
disqualification for filing under divisions (B) and (C) of this | 126 |
section, if the chief justice of the supreme court, or a justice | 127 |
of the supreme court designated by the chief justice, denies the | 128 |
affidavit of disqualification pursuant to division (E) of this | 129 |
section, and if, after the denial, a second or subsequent | 130 |
affidavit of disqualification regarding the same judge and the | 131 |
same proceeding is filed by the same party who filed or on whose | 132 |
behalf was filed the affidavit that was denied or by counsel for | 133 |
the same party who filed or on whose behalf was filed the | 134 |
affidavit that was denied, the judge against whom the second or | 135 |
subsequent affidavit is filed may preside in the proceeding prior | 136 |
to the ruling of the chief justice of the supreme court, or a | 137 |
justice designated by the chief justice, on the second or | 138 |
subsequent affidavit. | 139 |
(E) If the clerk of the supreme court accepts an affidavit of | 140 |
disqualification for filing under divisions (B) and (C) of this | 141 |
section and if the chief justice of the supreme court, or any | 142 |
justice of the supreme court designated by the chief justice, | 143 |
determines that the interest, bias, prejudice, or disqualification | 144 |
alleged in the affidavit does not exist, the chief justice or the | 145 |
designated justice shall issue an entry denying the affidavit of | 146 |
disqualification. If the chief justice of the supreme court, or | 147 |
any justice of the supreme court designated by the chief justice, | 148 |
determines that the interest, bias, prejudice, or disqualification | 149 |
alleged in the affidavit exists, the chief justice or the | 150 |
designated justice shall issue an entry that disqualifies that | 151 |
judge from presiding in the proceeding and either order that the | 152 |
proceeding be assigned to another judge of the court of which the | 153 |
disqualified judge is a member, to a judge of another court, or to | 154 |
a retired judge. | 155 |
Sec. 2701.031. | 156 |
allegedly is interested in a proceeding pending before the judge, | 157 |
allegedly is related to or has a bias or prejudice for or against | 158 |
a party to a proceeding pending before the judge or to a party's | 159 |
counsel, or allegedly otherwise is disqualified to preside in a | 160 |
proceeding pending before the judge, any party to the proceeding | 161 |
or the party's counsel may file an affidavit of disqualification | 162 |
with the clerk of the supreme court | 163 |
164 | |
decided in accordance with divisions (B) to (E) of section 2701.03 | 165 |
of the Revised Code, and, upon the filing of the affidavit, the | 166 |
provisions of those divisions apply to the affidavit, the | 167 |
proceeding, the judge, and the parties to the proceeding. | 168 |
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Sec. 2743.03. (A)(1) There is hereby created a court of | 252 |
claims. The court of claims is a court of record and has | 253 |
exclusive, original jurisdiction of all civil actions against the | 254 |
state permitted by the waiver of immunity contained in section | 255 |
2743.02 of the Revised Code | 256 |
causes of action of all parties in civil actions that are removed | 257 |
to the court of claims | 258 |
259 | |
have full equity powers in all actions within its jurisdiction and | 260 |
may entertain and determine all counterclaims, cross-claims, and | 261 |
third-party claims. | 262 |
(2) If the claimant in a civil action as described in | 263 |
division (A)(1) of this section also files a claim for a | 264 |
declaratory judgment, injunctive relief, or other equitable relief | 265 |
against the state that arises out of the same circumstances that | 266 |
gave rise to the civil action described in division (A)(1) of this | 267 |
section, the court of claims has exclusive, original jurisdiction | 268 |
to hear and determine that claim in that civil action. This | 269 |
division does not affect, and shall not be construed as affecting, | 270 |
the original jurisdiction of another court of this state to hear | 271 |
and determine a civil action in which the sole relief that the | 272 |
claimant seeks against the state is a declaratory judgment, | 273 |
injunctive relief, or other equitable relief. | 274 |
(3) In addition to its exclusive, original jurisdiction as | 275 |
conferred by division (A)(1) and (2) of this section, the court of | 276 |
claims has exclusive, original jurisdiction as described in | 277 |
division (F) of section 2743.02, division (B) of section 3335.03, | 278 |
and division (C) of section 5903.02 of the Revised Code. | 279 |
(B) The court of claims shall sit in Franklin county, its | 280 |
hearings shall be public, and it shall consist of incumbent | 281 |
justices or judges of the supreme court, courts of appeals, or | 282 |
courts of common pleas, or retired justices or judges eligible for | 283 |
active duty pursuant to division (C) of Section 6 of Article IV, | 284 |
Ohio Constitution, sitting by temporary assignment of the chief | 285 |
justice of the supreme court. The chief justice may direct the | 286 |
court to sit in any county for cases on removal upon a showing of | 287 |
substantial hardship and whenever justice dictates. | 288 |
(C)(1) A civil action against the state shall be heard and | 289 |
determined by a single judge. Upon application by the claimant or | 290 |
the state, the chief justice of the supreme court may assign a | 291 |
panel of three judges to hear and determine a civil action | 292 |
presenting novel or complex issues of law or fact. Concurrence of | 293 |
two members of the panel is necessary for any judgment or order. | 294 |
(2) Whenever the chief justice of the supreme court believes | 295 |
an equitable resolution of a case will be expedited, the chief | 296 |
justice may appoint | 297 |
Rule 53 to hear the case. | 298 |
(3) When any dispute under division (B) of section 153.12 of | 299 |
the Revised Code is brought to the court of claims, upon request | 300 |
of either party to the dispute, the chief justice of the supreme | 301 |
court shall appoint a single referee or a panel of three referees. | 302 |
The referees need not be attorneys, but shall be persons | 303 |
knowledgeable about construction contract law, a member of the | 304 |
construction industry panel of the American arbitration | 305 |
association, or an individual or individuals deemed qualified by | 306 |
the chief justice to serve. No person shall serve as a referee if | 307 |
that person has been employed by an affected state agency or a | 308 |
contractor or subcontractor involved in the dispute at any time in | 309 |
the preceding five years. Proceedings governing referees shall be | 310 |
in accordance with Civil Rule 53, except as modified by this | 311 |
division. The referee or panel of referees shall submit its | 312 |
report, which shall include a recommendation and finding of fact, | 313 |
to the judge assigned to the case by the chief justice, within | 314 |
thirty days of the conclusion of the hearings. Referees appointed | 315 |
pursuant to this division shall be compensated on a per diem basis | 316 |
at the same rate as is paid to judges of the court and also shall | 317 |
be paid their expenses. If a single referee is appointed or a | 318 |
panel of three referees is appointed, then, with respect to one | 319 |
referee of the panel, the compensation and expenses of the referee | 320 |
shall not be taxed as part of the costs in the case but shall be | 321 |
included in the budget of the court. If a panel of three referees | 322 |
is appointed, the compensation and expenses of the two remaining | 323 |
referees shall be taxed as costs of the case. | 324 |
All costs of a case shall be apportioned among the parties. | 325 |
The court may not require that any party deposit with the court | 326 |
cash, bonds, or other security in excess of two hundred dollars to | 327 |
guarantee payment of costs without the prior approval in each case | 328 |
of the chief justice. | 329 |
(4) An appeal from a decision of the | 330 |
331 | |
2743.72 of the Revised Code shall be heard and determined by one | 332 |
judge of the court of claims. | 333 |
(D) The Rules of Civil Procedure shall govern practice and | 334 |
procedure in all actions in the court of claims, except insofar as | 335 |
inconsistent with this chapter. The supreme court may promulgate | 336 |
rules governing practice and procedure in actions in the court as | 337 |
provided in Section 5 of Article IV, Ohio Constitution. | 338 |
(E)(1) A party who files a counterclaim against the state or | 339 |
makes the state a third-party defendant in an action commenced in | 340 |
any court, other than the court of claims, shall file a petition | 341 |
for removal in the court of claims. The petition shall state the | 342 |
basis for removal, be accompanied by a copy of all process, | 343 |
pleadings, and other papers served upon the petitioner, and shall | 344 |
be signed in accordance with Civil Rule 11. A petition for removal | 345 |
based on a counterclaim shall be filed within twenty-eight days | 346 |
after service of the counterclaim of the petitioner. A petition | 347 |
for removal based on third-party practice shall be filed within | 348 |
twenty-eight days after the filing of the third-party complaint of | 349 |
the petitioner. | 350 |
(2) Within seven days after filing a petition for removal, | 351 |
the petitioner shall give written notice to the parties, and shall | 352 |
file a copy of the petition with the clerk of the court in which | 353 |
the action was brought originally. The filing effects the removal | 354 |
of the action to the court of claims, and the clerk of the court | 355 |
where the action was brought shall forward all papers in the case | 356 |
to the court of claims. The court of claims shall adjudicate all | 357 |
civil actions removed. The court may remand a civil action to the | 358 |
court in which it originated upon a finding that the removal | 359 |
petition does not justify removal, or upon a finding that the | 360 |
state is no longer a party. | 361 |
(3) Bonds, undertakings, or security and injunctions, | 362 |
attachments, sequestrations, or other orders issued prior to | 363 |
removal remain in effect until dissolved or modified by the court | 364 |
of claims. | 365 |
Sec. 2743.04. (A) Judges of the court of claims who are not | 366 |
residents of Franklin county, or when the court sits outside | 367 |
Franklin county the judges who are residents of Franklin county, | 368 |
shall be compensated for their actual and necessary expenses of | 369 |
traveling to and from the place of holding the court. | 370 |
(B) A retired judge shall, in addition to | 371 |
retirement allowance, receive per diem compensation for service as | 372 |
a member of the court of claims at a rate computed on the annual | 373 |
compensation of a judge of a court of | 374 |
incumbent judge shall receive additional per diem compensation | 375 |
equal to that allowed retired judges under this section less a per | 376 |
diem amount computed on
| 377 |
compensation. | 378 |
Sec. 2743.041. If a judge of the court of claims allegedly | 379 |
is interested in a proceeding pending before the judge, allegedly | 380 |
is related to or has a bias or prejudice for or against a party to | 381 |
a proceeding pending before the judge or to a party's counsel, or | 382 |
allegedly otherwise is disqualified to preside in a proceeding | 383 |
pending before the judge, any party to the proceeding or the | 384 |
party's counsel may file an affidavit of disqualification with the | 385 |
clerk of the supreme court. The affidavit of disqualification | 386 |
shall be filed and decided in accordance with divisions (B) to (E) | 387 |
of section 2701.03 of the Revised Code, and, upon the filing of | 388 |
the affidavit, the provisions of those divisions apply to the | 389 |
affidavit, the proceeding, the judge, and the parties to the | 390 |
proceeding. | 391 |
Sec. 2743.09. The clerk of the court of claims shall do all | 392 |
of the following: | 393 |
(A) Administer oaths and take and certify affidavits, | 394 |
depositions, and acknowledgments of powers of attorney and other | 395 |
instruments in writing; | 396 |
(B) Prepare the dockets, enter and record the orders, | 397 |
judgments, decisions, awards, and proceedings of the court of | 398 |
claims | 399 |
process; | 400 |
(C) Maintain an office in Franklin county in rooms provided | 401 |
by the supreme court for that purpose; | 402 |
(D) Keep an appearance docket of civil actions | 403 |
for an award of reparations | 404 |
405 | |
filing any pleading or paper that relates to a civil action in the | 406 |
court of claims and that is submitted for filing by a person who | 407 |
has been found to be a vexatious litigator under section 2323.52 | 408 |
of the Revised Code and who has failed to obtain leave to proceed | 409 |
under that section. | 410 |
Upon the commencement of an action or claim, the clerk shall | 411 |
assign it a number. This number shall be placed on the first page, | 412 |
and every continuation page, of the appearance docket that | 413 |
concerns the particular action or claim. In addition, this number | 414 |
and the names of the parties shall be placed on the case file and | 415 |
every paper filed in the action or claim. | 416 |
At the time the action is commenced the clerk shall enter in | 417 |
the appearance docket the names of the parties in full and the | 418 |
names of counsel and shall index the action alphabetically by the | 419 |
last name of each party. Thereafter, the clerk shall | 420 |
chronologically note in the appearance docket all process issued | 421 |
and returns, pleas, motions, papers filed in the action, orders, | 422 |
verdicts, and judgments. The notations shall be brief but shall | 423 |
show the date of filing, substance, and journal volume and page of | 424 |
each order, verdict, and judgment. An action is commenced for | 425 |
purposes of this division by the filing of a complaint, including | 426 |
a form complaint under section 2743.10 of the Revised Code or a | 427 |
petition for removal. | 428 |
At the time an appeal for an award of reparations is | 429 |
commenced, the clerk shall enter the full names of the claimant, | 430 |
the victim, and the attorneys in the appearance docket and shall | 431 |
index the claim alphabetically by the last name of the claimant | 432 |
and the victim. Thereafter, the clerk shall chronologically note | 433 |
in the appearance docket all process issued and returns, motions, | 434 |
papers filed in the claim, orders, decisions, and awards. The | 435 |
notations shall be brief but shall show the date of filing, | 436 |
substance, and journal volume and page of each order. | 437 |
(E) Keep all original papers filed in an action or claim in a | 438 |
separate file folder and a journal in which all orders, verdicts, | 439 |
and judgments of the court | 440 |
(F) Charge and collect fees pursuant to section 2303.20 of | 441 |
the Revised Code, keep a cashbook in which the clerk shall enter | 442 |
the amounts received, make a report to the clerk of the supreme | 443 |
court each quarter of the fees received during the preceding | 444 |
quarter, and pay them monthly into the state treasury; | 445 |
(G) Appoint reporters and other clerical personnel; | 446 |
(H) Under the direction of the chief justice, establish | 447 |
procedures for hearing and determining appeals for an award of | 448 |
reparations pursuant to sections 2743.51 to 2743.72 of the Revised | 449 |
Code. | 450 |
Sec. 2743.121. | 451 |
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sections 2743.51 to 2743.72 of the Revised Code in writing and | 463 |
shall include a separate finding for each issue contested upon | 464 |
appeal. Orders as to appeals shall be entered on the journal, and | 465 |
the clerk shall certify on the order the date of journalization | 466 |
and shall send copies of the order and decision to the claimant, | 467 |
the attorney general, and the prosecuting attorney of the county | 468 |
in which the criminally injurious conduct occurred. | 469 |
Sec. 2743.20. Appeals from orders and judgments of the court | 470 |
of claims lie to the same courts under the same circumstances, as | 471 |
appeals from the court of common pleas of Franklin county, and the | 472 |
same rules of law govern their determination. The decision of the | 473 |
court of claims with respect to an appeal from a decision of the | 474 |
475 | |
sections 2743.51 to 2743.72 of the Revised Code is final, and no | 476 |
appeal from the decision of the court of claims lies to any other | 477 |
court. | 478 |
Sec. 2743.52. (A) The attorney general shall make awards of | 479 |
reparations for economic loss arising from criminally injurious | 480 |
conduct, if satisfied by a preponderance of the evidence that the | 481 |
requirements for an award of reparations have been met. | 482 |
(B) | 483 |
484 | |
of reparations for economic loss arising from criminally injurious | 485 |
conduct, if satisfied by a preponderance of the evidence that the | 486 |
requirements for an award of reparations have been met. | 487 |
(C) A decision of the attorney general | 488 |
489 | |
the court of claims concerning an OVI violation shall not be used | 490 |
as the basis for any civil or criminal action and shall not be | 491 |
admissible as evidence in any civil or criminal proceeding. | 492 |
Sec. 2743.53. | 493 |
494 | |
appeals from decisions of the attorney general pursuant to | 495 |
sections 2743.51 to 2743.72 of the Revised Code. | 496 |
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498 | |
499 |
Sec. 2743.531. The court of claims victims of crime fund is | 500 |
hereby created in the state treasury. The fund shall be used to | 501 |
pay the compensation of the | 502 |
503 | |
504 | |
any court of claims personnel needed to administer sections | 505 |
2743.51 to 2743.72 of the Revised Code, and other administrative | 506 |
expenses of hearing and determining | 507 |
508 | |
Revised Code. | 509 |
At the beginning of each fiscal year, the director of budget | 510 |
and management shall transfer cash from the reparations fund to | 511 |
the court of claims victims of crime fund in an amount sufficient | 512 |
to make the cash balance in the court of claims victims of crime | 513 |
fund equal to the sum of the appropriation for that fiscal year | 514 |
and all prior fiscal year encumbrances. If the appropriation from | 515 |
the court of claims victims of crime fund is increased during the | 516 |
fiscal year, the director shall transfer cash from the reparations | 517 |
fund to the court of claims victims of crime fund in an amount | 518 |
equal to the increase in the appropriation. | 519 |
Sec. 2743.55. | 520 |
521 | |
determine all matters relating to claims for an award of | 522 |
reparations. The attorney general | 523 |
524 | |
enforcement officers to provide copies of any information or data | 525 |
gathered in the investigation of the criminally injurious conduct | 526 |
that is the basis of any claim to enable the attorney general | 527 |
528 | |
claims to determine whether, and the extent to which, a claimant | 529 |
qualifies for an award of reparations. | 530 |
| 531 |
532 |
Sec. 2743.60. (A) The attorney general | 533 |
534 | |
not make or order an award of reparations to a claimant if the | 535 |
criminally injurious conduct upon which the claimant bases a claim | 536 |
never was reported to a law enforcement officer or agency. | 537 |
(B)(1) The attorney general | 538 |
539 | |
reparations to a claimant if any of the following apply: | 540 |
(a) The claimant is the offender or an accomplice of the | 541 |
offender who committed the criminally injurious conduct, or the | 542 |
award would unjustly benefit the offender or accomplice. | 543 |
(b) Except as provided in division (B)(2) of this section, | 544 |
both of the following apply: | 545 |
(i) The victim was a passenger in a motor vehicle and knew or | 546 |
reasonably should have known that the driver was under the | 547 |
influence of alcohol, a drug of abuse, or both. | 548 |
(ii) The claimant is seeking compensation for injuries | 549 |
proximately caused by the driver described in division | 550 |
(B)(1)(b)(i) of this section being under the influence of alcohol, | 551 |
a drug of abuse, or both. | 552 |
(c) Both of the following apply: | 553 |
(i) The victim was under the influence of alcohol, a drug of | 554 |
abuse, or both and was a passenger in a motor vehicle and, if | 555 |
sober, should have reasonably known that the driver was under the | 556 |
influence of alcohol, a drug of abuse, or both. | 557 |
(ii) The claimant is seeking compensation for injuries | 558 |
proximately caused by the driver described in division | 559 |
(B)(1)(b)(i) of this section being under the influence of alcohol, | 560 |
a drug of abuse, or both. | 561 |
(2) Division (B)(1)(b) of this section does not apply if on | 562 |
the date of the occurrence of the criminally injurious conduct, | 563 |
the victim was under sixteen years of age or was at least sixteen | 564 |
years of age but less than eighteen years of age and was riding | 565 |
with a parent, guardian, or care-provider. | 566 |
(C) The attorney general | 567 |
568 | |
victim has not fully cooperated with appropriate law enforcement | 569 |
agencies, may deny a claim or reconsider and reduce an award of | 570 |
reparations. | 571 |
(D) The attorney general | 572 |
573 | |
or deny a claim for an award of reparations that is otherwise | 574 |
payable to a claimant to the extent that the economic loss upon | 575 |
which the claim is based is recouped from other persons, including | 576 |
collateral sources. If an award is reduced or a claim is denied | 577 |
because of the expected recoupment of all or part of the economic | 578 |
loss of the claimant from a collateral source, the amount of the | 579 |
award or the denial of the claim shall be conditioned upon the | 580 |
claimant's economic loss being recouped by the collateral source. | 581 |
If the award or denial is conditioned upon the recoupment of the | 582 |
claimant's economic loss from a collateral source and it is | 583 |
determined that the claimant did not unreasonably fail to present | 584 |
a timely claim to the collateral source and will not receive all | 585 |
or part of the expected recoupment, the claim may be reopened and | 586 |
an award may be made in an amount equal to the amount of expected | 587 |
recoupment that it is determined the claimant will not receive | 588 |
from the collateral source. | 589 |
If the claimant recoups all or part of the economic loss upon | 590 |
which the claim is based from any other person or entity, | 591 |
including a collateral source, the attorney general may recover | 592 |
pursuant to section 2743.72 of the Revised Code the part of the | 593 |
award that represents the economic loss for which the claimant | 594 |
received the recoupment from the other person or entity. | 595 |
(E)(1) Except as otherwise provided in division (E)(2) of | 596 |
this section, the attorney general | 597 |
598 | |
if any of the following applies: | 599 |
(a) The victim was convicted of a felony within ten years | 600 |
prior to the criminally injurious conduct that gave rise to the | 601 |
claim or is convicted of a felony during the pendency of the | 602 |
claim. | 603 |
(b) The claimant was convicted of a felony within ten years | 604 |
prior to the criminally injurious conduct that gave rise to the | 605 |
claim or is convicted of a felony during the pendency of the | 606 |
claim. | 607 |
(c) It is proved by a preponderance of the evidence that the | 608 |
victim or the claimant engaged, within ten years prior to the | 609 |
criminally injurious conduct that gave rise to the claim or during | 610 |
the pendency of the claim, in an offense of violence, a violation | 611 |
of section 2925.03 of the Revised Code, or any substantially | 612 |
similar offense that also would constitute a felony under the laws | 613 |
of this state, another state, or the United States. | 614 |
(d) The claimant was convicted of a violation of section | 615 |
2919.22 or 2919.25 of the Revised Code, or of any state law or | 616 |
municipal ordinance substantially similar to either section, | 617 |
within ten years prior to the criminally injurious conduct that | 618 |
gave rise to the claim or during the pendency of the claim. | 619 |
(e) It is proved by a preponderance of the evidence that the | 620 |
victim at the time of the criminally injurious conduct that gave | 621 |
rise to the claim engaged in conduct that was a felony violation | 622 |
of section 2925.11 of the Revised Code or engaged in any | 623 |
substantially similar conduct that would constitute a felony under | 624 |
the laws of this state, another state, or the United States. | 625 |
(2) The attorney general | 626 |
627 | |
dependent of a deceased victim for dependent's economic loss or | 628 |
for counseling pursuant to division (F)(2) of section 2743.51 of | 629 |
the Revised Code if the minor dependent is not ineligible under | 630 |
division (E)(1) of this section due to the minor dependent's | 631 |
criminal history and if the victim was not killed while engaging | 632 |
in illegal conduct that contributed to the criminally injurious | 633 |
conduct that gave rise to the claim. For purposes of this section, | 634 |
the use of illegal drugs by the deceased victim shall not be | 635 |
deemed to have contributed to the criminally injurious conduct | 636 |
that gave rise to the claim. | 637 |
(F) In determining whether to make an award of reparations | 638 |
pursuant to this section, the attorney general or | 639 |
640 | |
contributory misconduct by the victim or the claimant. The | 641 |
attorney general | 642 |
court of claims shall reduce an award of reparations or deny a | 643 |
claim for an award of reparations to the extent it is determined | 644 |
to be reasonable because of the contributory misconduct of the | 645 |
claimant or the victim. | 646 |
When the attorney general decides whether a claim should be | 647 |
denied because of an allegation of contributory misconduct, the | 648 |
burden of proof on the issue of that alleged contributory | 649 |
misconduct shall be upon the claimant, if either of the following | 650 |
apply: | 651 |
(1) The victim was convicted of a felony more than ten years | 652 |
prior to the criminally injurious conduct that is the subject of | 653 |
the claim or has a record of felony arrests under the laws of this | 654 |
state, another state, or the United States. | 655 |
(2) There is good cause to believe that the victim engaged in | 656 |
an ongoing course of criminal conduct within five years or less of | 657 |
the criminally injurious conduct that is the subject of the claim. | 658 |
(G) The attorney general | 659 |
660 | |
reparations to a claimant if the criminally injurious conduct that | 661 |
caused the injury or death that is the subject of the claim | 662 |
occurred to a victim who was an adult and while the victim, after | 663 |
being convicted of or pleading guilty to an offense, was serving a | 664 |
sentence of imprisonment in any detention facility, as defined in | 665 |
section 2921.01 of the Revised Code. | 666 |
(H) If a claimant unreasonably fails to present a claim | 667 |
timely to a source of benefits or advantages that would have been | 668 |
a collateral source and that would have reimbursed the claimant | 669 |
for all or a portion of a particular expense, the attorney | 670 |
general | 671 |
claims may reduce an award of reparations or deny a claim for an | 672 |
award of reparations to the extent that it is reasonable to do so. | 673 |
(I) Reparations payable to a victim and to all other | 674 |
claimants sustaining economic loss because of injury to or the | 675 |
death of that victim shall not exceed fifty thousand dollars in | 676 |
the aggregate. If the attorney general | 677 |
or | 678 |
(F) of this section, the maximum aggregate amount of reparations | 679 |
payable under this division shall be reduced proportionately to | 680 |
the reduction under division (F) of this section. | 681 |
(J) Nothing in this section shall be construed to prohibit an | 682 |
award to a claimant whose claim is based on the claimant's being a | 683 |
victim of a violation of section 2905.32 of the Revised Code if | 684 |
the claimant was less than eighteen years of age when the | 685 |
criminally injurious conduct occurred. | 686 |
Sec. 2743.601. Except as otherwise provided in this section, | 687 |
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60 | 688 |
of the Revised Code made by the act in which this section was | 689 |
enacted apply to all applications for an award of reparations | 690 |
filed on or after | 691 |
2011, and to all applications for an award of reparations filed | 692 |
before | 693 |
which an award or denial of the claim by the attorney general | 694 |
695 | |
final. The amendments to section 2743.60 of the Revised Code made | 696 |
by the act in which this section was enacted, to the extent that | 697 |
they eliminate the statute of limitations and to the extent that | 698 |
they remove the seventy-two hour reporting requirement, and the | 699 |
amendments to section 2743.51 of the Revised Code concerning | 700 |
guardian bonds shall apply to all claims for an award of | 701 |
reparations pending on | 702 |
September 30, 2011, and to all claims for an award of reparations | 703 |
filed on or after | 704 |
2011, that are based on criminally injurious conduct not | 705 |
previously addressed by the attorney general | 706 |
707 |
Sec. 2743.61. (A) The attorney general, on the attorney | 708 |
general's own motion or upon request of a claimant or victim, may | 709 |
reconsider a decision to make an award of reparations, the amount | 710 |
of an award of reparations, or a decision to deny a claim for an | 711 |
award of reparations. A claimant may file a request for | 712 |
reconsideration with the attorney general not later than thirty | 713 |
days after the attorney general renders an initial decision. A | 714 |
claimant may submit with the request any additional information | 715 |
that is relevant to the claimant's claim for an award of | 716 |
reparation. | 717 |
The attorney general shall reconsider the application based | 718 |
upon evidence that is relevant to the application and issue a | 719 |
final decision within sixty days of receiving the request for | 720 |
reconsideration. The attorney general may extend the sixty-day | 721 |
time limit and shall record in writing specific reasons to justify | 722 |
the extension. The attorney general shall notify the claimant of | 723 |
the extension and of the reasons for the extension. | 724 |
If a claimant does not file a request for reconsideration of | 725 |
a decision of the attorney general to make an award or to deny a | 726 |
claim or of the amount of an award within thirty days after the | 727 |
decision is rendered, the award, the denial of the claim, or the | 728 |
amount of the award is final unless the attorney general in the | 729 |
interest of justice allows the reconsideration after the | 730 |
expiration of that period of time. | 731 |
(B) A claimant may appeal an award of reparations, the amount | 732 |
of an award of reparations, or the denial of a claim for an award | 733 |
of reparations that is made by a final decision of the attorney | 734 |
general after any reconsideration. If the final decision of the | 735 |
attorney general with respect to any claim for an award of | 736 |
reparations is appealed, | 737 |
738 | |
appeal, shall schedule and conduct a hearing on the appeal. The | 739 |
740 | |
sixty days from the date of the hearing on the basis of the record | 741 |
of the hearing before the
| 742 |
original award or denial and the finding of fact of the attorney | 743 |
general, any information or documents that the attorney general | 744 |
used in the investigation, any information or data provided to the | 745 |
attorney general, any briefs or oral arguments that may be | 746 |
requested by | 747 |
additional evidence presented at the hearing. The | 748 |
749 | |
record in writing specific reasons to justify the extension. The | 750 |
attorney general shall supply the | 751 |
with the original decision awarding or denying compensation, the | 752 |
finding of fact of the attorney general, any information or | 753 |
documents that the attorney general used in the investigation, and | 754 |
any information or data provided to the attorney general within | 755 |
fourteen days of the filing of the objection and notice of appeal | 756 |
by the applicant. The | 757 |
the claimant and attorney general of the extension and of the | 758 |
reasons for the extension. If upon hearing and consideration of | 759 |
the record and evidence, the court | 760 |
761 | |
appealed from is reasonable and lawful, it shall affirm the same. | 762 |
If the court
| 763 |
decision of the attorney general is not supported by a | 764 |
preponderance of the evidence or is unreasonable or unlawful, | 765 |
the court shall reverse and vacate the decision or modify it and | 766 |
enter judgment thereon. The | 767 |
| 768 |
769 | |
770 | |
771 | |
772 | |
773 | |
774 | |
775 | |
776 | |
777 | |
778 | |
779 | |
780 | |
781 | |
782 | |
783 |
| 784 |
reparations shall be filed within thirty days after the date on | 785 |
which the award or the denial of a claim is made by a final | 786 |
decision of the attorney general. If a notice of appeal is not | 787 |
filed within the thirty-day period, the award or denial of the | 788 |
claim is final unless | 789 |
in the interests of justice allows the appeal. | 790 |
| 791 |
792 | |
793 | |
794 | |
795 | |
796 | |
797 | |
798 | |
799 |
Sec. 2743.62. (A)(1) Subject to division (A)(2) of this | 800 |
section, there is no privilege, except the privileges arising from | 801 |
the attorney-client relationship, as to communications or records | 802 |
that are relevant to the physical, mental, or emotional condition | 803 |
of the claimant or victim in a proceeding under sections 2743.51 | 804 |
to 2743.72 of the Revised Code in which that condition is an | 805 |
element. | 806 |
(2)(a) Except as specified in division (A)(2)(b) of this | 807 |
section, any record or report that a judge of the court of claims | 808 |
809 | |
has obtained prior to, or obtains on or after, June 30, 1998, | 810 |
under the provisions of sections 2743.51 to 2743.72 of the Revised | 811 |
Code and that is confidential or otherwise exempt from public | 812 |
disclosure under section 149.43 of the Revised Code while in the | 813 |
possession of the creator of the record or report shall remain | 814 |
confidential or exempt from public disclosure under section 149.43 | 815 |
of the Revised Code while in the possession of the court of claims | 816 |
or the attorney general. | 817 |
(b) Notwithstanding division (A)(2)(a) of this section, a | 818 |
judge of the court of claims, a
| 819 |
a claimant, a claimant's attorney, or the attorney general may | 820 |
disclose or refer to records or reports described in that division | 821 |
in any hearing conducted under sections 2743.51 to 2743.72 of the | 822 |
Revised Code or in the judge's, | 823 |
magistrate's, claimant's, or attorney general's written pleadings, | 824 |
findings, recommendations, and decisions. | 825 |
(B) If the mental, physical, or emotional condition of a | 826 |
victim or claimant is material to a claim for an award of | 827 |
reparations, the attorney general | 828 |
829 | |
submit to a mental or physical examination and may order an | 830 |
autopsy of a deceased victim. The order may be made for good cause | 831 |
shown and upon notice to the person to be examined and to the | 832 |
claimant. The order shall specify the time, place, manner, | 833 |
conditions, and scope of the examination or autopsy and the person | 834 |
by whom it is to be made. In the case of a mental examination, the | 835 |
person specified may be a physician or psychologist. In the case | 836 |
of a physical examination, the person specified may be a | 837 |
physician, a physician assistant, a clinical nurse specialist, a | 838 |
certified nurse practitioner, or a certified nurse-midwife. In the | 839 |
case of an autopsy, the person specified must be a physician. The | 840 |
order shall require the person who performs the examination or | 841 |
autopsy to file with the attorney general a detailed written | 842 |
report of the examination or autopsy. The report shall set out the | 843 |
findings, including the results of all tests made, diagnoses, | 844 |
prognoses, and other conclusions and reports of earlier | 845 |
examinations of the same conditions. | 846 |
(C) On request of the person examined, the attorney general | 847 |
shall furnish the person a copy of the report. If the victim is | 848 |
deceased, the attorney general, on request, shall furnish the | 849 |
claimant a copy of the report. | 850 |
(D) The attorney general | 851 |
852 | |
supplement the application for an award of reparations with any | 853 |
reasonably available medical or psychological reports relating to | 854 |
the injury for which the award of reparations is claimed. | 855 |
(E) The attorney general | 856 |
857 | |
violation of any provision of sections 2907.02 to 2907.07 of the | 858 |
Revised Code, shall not request the victim or the claimant to | 859 |
supply, or permit any person to supply, any evidence of specific | 860 |
instances of the victim's sexual activity, opinion evidence of the | 861 |
victim's sexual activity, or reputation evidence of the victim's | 862 |
sexual activity unless it involves evidence of the origin of | 863 |
semen, pregnancy, or disease or evidence of the victim's past | 864 |
sexual activity with the offender and only to the extent that the | 865 |
866 | |
general finds that the evidence is relevant to a fact at issue in | 867 |
the claim. | 868 |
Sec. 2743.63. If a person refuses to comply with an order | 869 |
under sections 2743.51 to 2743.72 of the Revised Code, or asserts | 870 |
a privilege, except privileges arising from the attorney-client | 871 |
relationship, to withhold or suppress evidence relevant to a claim | 872 |
for an award of reparations, the attorney general may make any | 873 |
just decision including denial of the claim but shall not find the | 874 |
person in contempt. If necessary to carry out any of the attorney | 875 |
general's powers and duties, the attorney general may petition | 876 |
the court of claims | 877 |
order, including but not limited to a finding of contempt, but | 878 |
879 | |
contempt for refusal to submit to a mental or physical | 880 |
examination. | 881 |
Sec. 2743.64. The attorney general | 882 |
883 | |
award of reparations whether or not any person is prosecuted or | 884 |
convicted for committing the conduct that is the basis of the | 885 |
award. Proof of conviction of a person whose conduct gave rise to | 886 |
a claim is conclusive evidence that the crime was committed, | 887 |
unless an application for rehearing, an appeal of the conviction, | 888 |
or certiorari is pending, or a rehearing or new trial has been | 889 |
ordered. | 890 |
If the prosecuting attorney of the county in which the | 891 |
criminally injurious conduct allegedly occurred requests the | 892 |
suspension of proceedings in any claim for an award of reparations | 893 |
and if the request is made because of the commencement of a | 894 |
criminal prosecution, the attorney general may suspend, because a | 895 |
criminal prosecution has been commenced or is imminent, the | 896 |
proceedings in any claim for an award of reparations for a | 897 |
definite period of time, and may make an emergency award under | 898 |
section 2743.67 of the Revised Code. | 899 |
Sec. 2743.65. (A) The attorney general shall determine, and | 900 |
the state shall pay, in accordance with this section attorney's | 901 |
fees, commensurate with services rendered, to the attorney | 902 |
representing a claimant under sections 2743.51 to 2743.72 of the | 903 |
Revised Code. The attorney shall submit on an application form an | 904 |
itemized fee bill at the rate of sixty dollars per hour upon | 905 |
receipt of the final decision on the claim. Attorney's fees paid | 906 |
pursuant to this section are subject to the following maximum | 907 |
amounts: | 908 |
(1) A maximum of seven hundred twenty dollars for claims | 909 |
resolved without the filing of an appeal to the | 910 |
911 |
(2) A maximum of one thousand twenty dollars for claims in | 912 |
which an appeal to the | 913 |
filed plus, at the request of an attorney whose main office is not | 914 |
in Franklin county, Delaware county, Licking county, Fairfield | 915 |
county, Pickaway county, Madison county, or Union county, an | 916 |
amount for the attorney's travel time to attend the oral hearing | 917 |
before the
| 918 |
thirty dollars per hour; | 919 |
(3) A maximum of one thousand three hundred twenty dollars | 920 |
for claims in which an appeal to | 921 |
filed plus, at the request of an attorney whose main office is not | 922 |
in Franklin county, Delaware county, Licking county, Fairfield | 923 |
county, Pickaway county, Madison county, or Union county, an | 924 |
amount for the attorney's travel time to attend the oral hearing | 925 |
before the
| 926 |
(4) A maximum of seven hundred twenty dollars for a | 927 |
supplemental reparations application; | 928 |
(5) A maximum of two hundred dollars if the claim is denied | 929 |
on the basis of a claimant's or victim's conviction of a felony | 930 |
offense prior to the filing of the claim. If the claimant or | 931 |
victim is convicted of a felony offense during the pendency of the | 932 |
claim, the two hundred dollars maximum does not apply. If the | 933 |
attorney had knowledge of the claimant's or victim's felony | 934 |
conviction prior to the filing of the application for the claim, | 935 |
the attorney general may determine that the filing of the claim | 936 |
was frivolous and may deny attorney's fees. | 937 |
(B) The attorney general may determine that an attorney be | 938 |
reimbursed for fees incurred in the creation of a guardianship if | 939 |
the guardianship is required in order for an individual to receive | 940 |
an award of reparations, and those fees shall be reimbursed at a | 941 |
rate of sixty dollars per hour. | 942 |
(C)(1) The attorney general shall forward an application form | 943 |
for attorney's fees to a claimant's attorney before or when the | 944 |
final decision on a claim is rendered. The application form for | 945 |
attorney's fees shall do all of the following: | 946 |
(a) Inform the attorney of the requirements of this section; | 947 |
(b) Require a verification statement comporting with the law | 948 |
prohibiting falsification; | 949 |
(c) Require an itemized fee statement; | 950 |
(d) Require a verification statement that the claimant was | 951 |
served a copy of the completed application form; | 952 |
(e) Include notice that the claimant may oppose the | 953 |
application by notifying the attorney general in writing within | 954 |
ten days. | 955 |
(2) The attorney general shall forward a copy of this section | 956 |
to the attorney with the application form for attorney's fees. The | 957 |
attorney shall file the application form with the attorney | 958 |
general. The attorney general's decision with respect to an award | 959 |
of attorney's fees is final ten days after the attorney general | 960 |
renders the decision and mails a copy of the decision to the | 961 |
attorney at the address provided by the attorney. The attorney may | 962 |
request reconsideration of the decision on grounds that it is | 963 |
insufficient or calculated incorrectly. The attorney general's | 964 |
decision on the request for reconsideration is final. | 965 |
(D) The attorney general shall review all application forms | 966 |
for attorney's fees that are submitted by a claimant's attorney | 967 |
and shall issue an order approving the amount of fees to be paid | 968 |
to the attorney within sixty days after receipt of the application | 969 |
form. | 970 |
(E) No attorney's fees shall be paid for the following: | 971 |
(1) Estate work or representation of a claimant against a | 972 |
collateral source; | 973 |
(2) Duplication of investigative work required to be | 974 |
performed by the attorney general; | 975 |
(3) Performance of unnecessary criminal investigation of the | 976 |
offense; | 977 |
(4) Presenting or appealing an issue that has been repeatedly | 978 |
ruled upon by the highest appellate authority, unless a unique set | 979 |
of facts or unique issue of law exists that distinguishes it; | 980 |
(5) A fee request that is unreasonable, is not commensurate | 981 |
with services rendered, violates the Ohio code of professional | 982 |
responsibility, or is based upon services that are determined to | 983 |
be frivolous. | 984 |
(F)(1) The attorney general may reduce or deny the payment of | 985 |
attorney's fees to an attorney who has filed a frivolous claim. | 986 |
Subject to division (A)(5) of this section, the denial of a claim | 987 |
on the basis of a felony conviction, felony conduct, or | 988 |
contributory misconduct does not constitute a frivolous claim. | 989 |
(2) As used in this section, "frivolous claim" means a claim | 990 |
in which there is clearly no legal grounds under the existing laws | 991 |
of this state to support the filing of a claim on behalf of the | 992 |
claimant or victim. | 993 |
(G) The attorney general may determine that a lesser number | 994 |
of hours should have been required in a given case. Additional | 995 |
reimbursement may be made where the attorney demonstrates to the | 996 |
attorney general that the nature of the particular claim required | 997 |
the expenditure of an amount in excess of that allowed. | 998 |
(H) No attorney shall receive payment under this section for | 999 |
assisting a claimant with an application for an award of | 1000 |
reparations under sections 2743.51 to 2743.72 of the Revised Code | 1001 |
if that attorney's fees have been allowed as an expense in | 1002 |
accordance with division (F)(4) of section 2743.51 of the Revised | 1003 |
Code. | 1004 |
(I) A contract or other agreement between an attorney and any | 1005 |
person that provides for the payment of attorney's fees or other | 1006 |
payments in excess of the attorney's fees allowed under this | 1007 |
section for representing a claimant under sections 2743.51 to | 1008 |
2743.72 of the Revised Code shall be void and unenforceable. | 1009 |
(J) Each witness who appears in a hearing on a claim for an | 1010 |
award of reparations shall receive compensation in an amount equal | 1011 |
to that received by witnesses under section 119.094 of the Revised | 1012 |
Code. | 1013 |
Sec. 2743.66. (A) A decision of the attorney general | 1014 |
order | 1015 |
1016 | |
may provide for the payment of the award in a lump sum or in | 1017 |
installments. The part of an award equal to the amount of economic | 1018 |
loss accrued to the date of the award shall be paid in a lump sum. | 1019 |
An award for allowable expense that would accrue after the award | 1020 |
is made shall not be paid in a lump sum. Except as provided in | 1021 |
division (B) of this section, the part of an award not paid in a | 1022 |
lump sum shall be paid in installments. | 1023 |
(B) Upon the motion of the claimant, the attorney general may | 1024 |
commute future economic loss, other than allowable expense, to a | 1025 |
lump sum but only upon a finding that either of the following | 1026 |
applies: | 1027 |
(1) The award in a lump sum will promote the interests of the | 1028 |
claimant. | 1029 |
(2) The present value of all future economic loss, other than | 1030 |
allowable expense, does not exceed one thousand dollars. | 1031 |
(C) The attorney general may make an award for future | 1032 |
economic loss payable in installments only for a period as to | 1033 |
which future economic loss reasonably can be determined. An award | 1034 |
for future economic loss payable in installments may be | 1035 |
reconsidered and modified upon a finding that a material and | 1036 |
substantial change of circumstances has occurred. | 1037 |
(D) An award is not subject to execution, attachment, | 1038 |
garnishment, or other process, except that, upon receipt of an | 1039 |
award by a claimant: | 1040 |
(1) The part of the award that is for allowable expense or | 1041 |
funeral expense is not exempt from such action by a creditor to | 1042 |
the extent that the creditor provided products, services, or | 1043 |
accommodations the costs of which are included in the award. | 1044 |
(2) The part of the award that is for work loss shall not be | 1045 |
exempt from such action to secure payment of spousal support, | 1046 |
other maintenance, or child support. | 1047 |
(3) The attorney general may recover the award pursuant to | 1048 |
section 2743.72 of the Revised Code if it is discovered that the | 1049 |
claimant actually was not eligible for the award or that the award | 1050 |
otherwise should not have been made under the standards and | 1051 |
criteria set forth in sections 2743.51 to 2743.72 of the Revised | 1052 |
Code. | 1053 |
(4) If the claimant receives compensation from any other | 1054 |
person or entity, including a collateral source, for an expense | 1055 |
that is included within the award, the attorney general may | 1056 |
recover pursuant to section 2743.72 of the Revised Code the part | 1057 |
of the award that represents the expense for which the claimant | 1058 |
received the compensation from the other person or entity. | 1059 |
(E) If a person entitled to an award of reparations is under | 1060 |
eighteen years of age and if the amount of the award exceeds one | 1061 |
thousand dollars, the order providing for the payment of the award | 1062 |
shall specify that the award be paid either to the guardian of the | 1063 |
estate of the minor appointed pursuant to Chapter 2111. of the | 1064 |
Revised Code or to the person or depository designated by the | 1065 |
probate court under section 2111.05 of the Revised Code. If a | 1066 |
person entitled to an award of reparations is under eighteen years | 1067 |
of age and if the amount of the award is one thousand dollars or | 1068 |
less, the order providing for the payment of the award may specify | 1069 |
that the award be paid to an adult member of the family of the | 1070 |
minor who is legally responsible for the minor's care or to any | 1071 |
other person designated by the attorney general or
| 1072 |
1073 |
Sec. 2743.67. The attorney general may make an emergency | 1074 |
award if, before acting on an application for an award of | 1075 |
reparations under this section, it appears likely that a final | 1076 |
award will be made, and the claimant or victim will suffer undue | 1077 |
hardship if immediate economic relief is not obtained. An | 1078 |
emergency award shall not exceed two thousand dollars. The | 1079 |
attorney general or the court of claims | 1080 |
shall deduct an amount of the emergency award from the final | 1081 |
award, or the claimant or victim shall repay the amount of the | 1082 |
emergency award that exceeds the final award made to the claimant. | 1083 |
If no final award is made, the claimant or victim shall repay the | 1084 |
entire emergency award. | 1085 |
Sec. 2743.68. A claimant may file a supplemental reparations | 1086 |
application in a claim if the attorney general | 1087 |
1088 | |
five years prior to the filing of the supplemental application, | 1089 |
has made any of the following determinations: | 1090 |
(A) That an award, supplemental award, or installment award | 1091 |
be granted; | 1092 |
(B) That an award, supplemental award, or installment award | 1093 |
be conditioned or denied because of actual or potential recovery | 1094 |
from a collateral source; | 1095 |
(C) That an award, supplemental award, or installment award | 1096 |
be denied because the claimant had not incurred any economic loss | 1097 |
at that time. | 1098 |
Sec. 2743.69. (A) The attorney general shall prepare and | 1099 |
transmit annually to the governor, the president of the senate, | 1100 |
the speaker of the house of representatives, and the minority | 1101 |
leaders of both houses a report of the activities of the Ohio | 1102 |
crime victims compensation program under sections 2743.51 to | 1103 |
2743.72 of the Revised Code. The report shall include all of the | 1104 |
following: | 1105 |
(1) The number of claims filed, the number of awards made and | 1106 |
the amount of each award, and a statistical summary of awards made | 1107 |
and denied, including the average size of awards; | 1108 |
(2) The balance in the reparations fund, with a listing by | 1109 |
source and amount of the moneys that have been deposited in the | 1110 |
fund; | 1111 |
(3) The amount that has been withdrawn from the fund, | 1112 |
including separate listings of the administrative costs incurred | 1113 |
by the attorney general and | 1114 |
1115 | |
amount awarded as attorney's fees, and the amount of payments made | 1116 |
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the | 1117 |
Revised Code. | 1118 |
(B) The director of budget and management shall assist the | 1119 |
attorney general in the preparation of the report required by this | 1120 |
section. | 1121 |
Sec. 2743.71. (A) Any law enforcement agency that | 1122 |
investigates, and any prosecuting attorney, city director of law, | 1123 |
village solicitor, or similar prosecuting authority who | 1124 |
prosecutes, an offense committed in this state shall, upon first | 1125 |
contact with the victim or the victim's family or dependents, give | 1126 |
the victim or the victim's family or dependents a copy of an | 1127 |
information card or other printed material provided by the | 1128 |
attorney general pursuant to division (B) of this section and | 1129 |
explain, upon request, the information on the card or material to | 1130 |
the victim or the victim's family or dependents. | 1131 |
(B) The attorney general shall have printed, and shall | 1132 |
provide to law enforcement agencies, prosecuting attorneys, city | 1133 |
directors of law, village solicitors, and similar prosecuting | 1134 |
authorities, cards or other materials that contain information | 1135 |
explaining awards of reparations. The information on the cards or | 1136 |
other materials shall include, but shall not be limited to, the | 1137 |
following statements: | 1138 |
(1) Awards of reparations are limited to losses that are | 1139 |
caused by physical injury resulting from criminally injurious | 1140 |
conduct; | 1141 |
(2) Reparations applications are required to be filed | 1142 |
1143 | |
1144 | |
1145 | |
the criminally injurious conduct was a minor; | 1146 |
(3) An attorney who represents an applicant for an award of | 1147 |
reparations cannot charge the applicant for the services rendered | 1148 |
in relation to that representation but is required to apply to the | 1149 |
attorney general for payment for the representation; | 1150 |
(4) Applications for awards of reparations may be obtained | 1151 |
from the attorney general, law enforcement agencies, and victim | 1152 |
assistance agencies and are to be filed with the attorney general. | 1153 |
(C) The attorney general may order that a reasonable amount | 1154 |
of money be paid out of the reparations fund, subject to the | 1155 |
limitation imposed by division (D) of this section, for use by the | 1156 |
attorney general to publicize the availability of awards of | 1157 |
reparations. | 1158 |
(D) During any fiscal year, the total expenditure for the | 1159 |
printing and providing of information cards or other materials | 1160 |
pursuant to division (B) of this section and for the publicizing | 1161 |
of the availability of awards of reparations pursuant to division | 1162 |
(C) of this section shall not exceed two per cent of the total of | 1163 |
all court costs deposited, in accordance with section 2743.70 of | 1164 |
the Revised Code, in the reparations fund during the immediately | 1165 |
preceding fiscal year. | 1166 |
Section 2. That existing sections 2701.03, 2701.031, 2743.03, | 1167 |
2743.04, 2743.09, 2743.121, 2743.20, 2743.52, 2743.53, 2743.531, | 1168 |
2743.55, 2743.60, 2743.601, 2743.61, 2743.62, 2743.63, 2743.64, | 1169 |
2743.65, 2743.66, 2743.67, 2743.68, 2743.69, and 2743.71 and | 1170 |
section 2743.54 of the Revised Code are hereby repealed. | 1171 |