Bill Text: OH HB197 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2013-10-17 - Committee Report - S [HB197 Detail]

Download: Ohio-2013-HB197-Comm_Sub.html

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As Reported by the House Health and Aging Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 197

Representatives Barnes, Grossman 

Cosponsors: Representatives Antonio, Mallory, Patmon, Schuring, Wachtmann, Brown 

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A BILL

To amend sections 2743.51, 2743.56, 2743.59, 2743.60,

1

and 2743.66 and to enact sections 107.64, 3333.27,

2

and 3344.07 of the Revised Code to award

3

twenty-five thousand dollars per year for a period

4

of years to any survivor of abduction; to assist

5

any survivor of abduction with educational and

6

health care expenses; to name this act the

7

"Michelle Knight, Amanda Berry, and Gina DeJesus

8

Survivors of Abduction Act"; and to declare an

9

emergency.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2743.51, 2743.56, 2743.59, 2743.60,	11
and 2743.66 be amended and sections 107.64, 3333.27, and 3344.07	12
of the Revised Code be enacted to read as follows:	13

Sec. 107.64.  On an annual basis, a survivor of abduction, as	14
defined in section 2743.51 of the Revised Code, may submit to the	15
governor an accounting of the survivor of abduction's physical and	16
mental health care expenses for the immediately preceding	17
twelve-month period, as well as a description of any anticipated	18
physical and mental health care needs for the next year. If the	19
governor receives an accounting or description from a survivor of	20
abduction, the governor shall review it. After completing the	21
review and based on the survivor of abduction's health care	22
expenses and needs, the governor shall determine an amount to be	23
provided to the survivor of abduction to meet anticipated expenses	24
and needs for the next year in the form of reimbursement for	25
copays and coinsurance or premium assistance.	26

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	27
Revised Code:	28

(A) "Claimant" means both of the following categories of	29
persons:	30

(1) Any of the following persons who claim an award of	31
reparations under sections 2743.51 to 2743.72 of the Revised Code:	32

(a) A victim who was one of the following at the time of the	33
criminally injurious conduct:	34

(i) A resident of the United States;

35

(ii) A resident of a foreign country the laws of which permit	36
residents of this state to recover compensation as victims of	37
offenses committed in that country.	38

(b) A dependent of a deceased victim who is described in	39
division (A)(1)(a) of this section;	40

(c) A third person, other than a collateral source, who	41
legally assumes or voluntarily pays the obligations of a victim,	42
or of a dependent of a victim, who is described in division	43
(A)(1)(a) of this section, which obligations are incurred as a	44
result of the criminally injurious conduct that is the subject of	45
the claim and may include, but are not limited to, medical or	46
burial expenses;	47

(d) A person who is authorized to act on behalf of any person	48
who is described in division (A)(1)(a), (b), or (c) of this	49
section;	50

(e) The estate of a deceased victim who is described in	51
division (A)(1)(a) of this section.	52

(2) Any of the following persons who claim an award of	53
reparations under sections 2743.51 to 2743.72 of the Revised Code:	54

(a) A victim who had a permanent place of residence within	55
this state at the time of the criminally injurious conduct and	56
who, at the time of the criminally injurious conduct, complied	57
with any one of the following:	58

(i) Had a permanent place of employment in this state;

59

(ii) Was a member of the regular armed forces of the United	60
States or of the United States coast guard or was a full-time	61
member of the Ohio organized militia or of the United States army	62
reserve, naval reserve, or air force reserve;	63

(iii) Was retired and receiving social security or any other	64
retirement income;	65

(iv) Was sixty years of age or older;

66

(v) Was temporarily in another state for the purpose of	67
receiving medical treatment;	68

(vi) Was temporarily in another state for the purpose of	69
performing employment-related duties required by an employer	70
located within this state as an express condition of employment or	71
employee benefits;	72

(vii) Was temporarily in another state for the purpose of	73
receiving occupational, vocational, or other job-related training	74
or instruction required by an employer located within this state	75
as an express condition of employment or employee benefits;	76

(viii) Was a full-time student at an academic institution,	77
college, or university located in another state;	78

(ix) Had not departed the geographical boundaries of this	79
state for a period exceeding thirty days or with the intention of	80
becoming a citizen of another state or establishing a permanent	81
place of residence in another state.	82

(b) A dependent of a deceased victim who is described in	83
division (A)(2)(a) of this section;	84

(c) A third person, other than a collateral source, who	85
legally assumes or voluntarily pays the obligations of a victim,	86
or of a dependent of a victim, who is described in division	87
(A)(2)(a) of this section, which obligations are incurred as a	88
result of the criminally injurious conduct that is the subject of	89
the claim and may include, but are not limited to, medical or	90
burial expenses;	91

(d) A person who is authorized to act on behalf of any person	92
who is described in division (A)(2)(a), (b), or (c) of this	93
section;	94

(e) The estate of a deceased victim who is described in	95
division (A)(2)(a) of this section.	96

"Claimant" does not include either a collateral source or any	97
of the following that is established on behalf of a survivor of	98
abduction: a private fund not in the custody of the state	99
treasurer or part of the state treasury, a nonprofit organization,	100
or a trust.	101

(B) "Collateral source" means a source of benefits or	102
advantages for economic loss otherwise reparable that the victim	103
or claimant has received, or that is readily available to the	104
victim or claimant, from any of the following sources:	105

(1) The offender;

106

(2) The government of the United States or any of its	107
agencies, a state or any of its political subdivisions, or an	108
instrumentality of two or more states, unless the law providing	109
for the benefits or advantages makes them excess or secondary to	110
benefits under sections 2743.51 to 2743.72 of the Revised Code;	111

(3) Social security, medicare, and medicaid;

112

(4) State-required, temporary, nonoccupational disability	113
insurance;	114

(5) Workers' compensation;

115

(6) Wage continuation programs of any employer;

116

(7) Proceeds of a contract of insurance payable to the victim	117
for loss that the victim sustained because of the criminally	118
injurious conduct;	119

(8) A contract providing prepaid hospital and other health	120
care services, or benefits for disability;	121

(9) That portion of the proceeds of all contracts of	122
insurance payable to the claimant on account of the death of the	123
victim that exceeds fifty thousand dollars;	124

(10) Any compensation recovered or recoverable under the laws	125
of another state, district, territory, or foreign country because	126
the victim was the victim of an offense committed in that state,	127
district, territory, or country.	128

"Collateral source" does not include any money, or the	129
monetary value of any property, that is subject to sections	130
2969.01 to 2969.06 of the Revised Code or that is received as a	131
benefit from the Ohio public safety officers death benefit fund	132
created by section 742.62 of the Revised Code.	133

(C) "Criminally injurious conduct" means one of the	134
following:	135

(1) For the purposes of any person described in division	136
(A)(1) of this section, any conduct that occurs or is attempted in	137
this state; poses a substantial threat of personal injury or	138
death; and is punishable by fine, imprisonment, or death, or would	139
be so punishable but for the fact that the person engaging in the	140
conduct lacked capacity to commit the crime under the laws of this	141
state. Criminally injurious conduct does not include conduct	142
arising out of the ownership, maintenance, or use of a motor	143
vehicle, except when any of the following applies:	144

(a) The person engaging in the conduct intended to cause	145
personal injury or death;	146

(b) The person engaging in the conduct was using the vehicle	147
to flee immediately after committing a felony or an act that would	148
constitute a felony but for the fact that the person engaging in	149
the conduct lacked the capacity to commit the felony under the	150
laws of this state;	151

(c) The person engaging in the conduct was using the vehicle	152
in a manner that constitutes an OVI violation;	153

(d) The conduct occurred on or after July 25, 1990, and the	154
person engaging in the conduct was using the vehicle in a manner	155
that constitutes a violation of section 2903.08 of the Revised	156
Code;	157

(e) The person engaging in the conduct acted in a manner that	158
caused serious physical harm to a person and that constituted a	159
violation of section 4549.02 or 4549.021 of the Revised Code.	160

(2) For the purposes of any person described in division	161
(A)(2) of this section, any conduct that occurs or is attempted in	162
another state, district, territory, or foreign country; poses a	163
substantial threat of personal injury or death; and is punishable	164
by fine, imprisonment, or death, or would be so punishable but for	165
the fact that the person engaging in the conduct lacked capacity	166
to commit the crime under the laws of the state, district,	167
territory, or foreign country in which the conduct occurred or was	168
attempted. Criminally injurious conduct does not include conduct	169
arising out of the ownership, maintenance, or use of a motor	170
vehicle, except when any of the following applies:	171

(a) The person engaging in the conduct intended to cause	172
personal injury or death;	173

(b) The person engaging in the conduct was using the vehicle	174
to flee immediately after committing a felony or an act that would	175
constitute a felony but for the fact that the person engaging in	176
the conduct lacked the capacity to commit the felony under the	177
laws of the state, district, territory, or foreign country in	178
which the conduct occurred or was attempted;	179

(c) The person engaging in the conduct was using the vehicle	180
in a manner that constitutes an OVI violation;	181

(d) The conduct occurred on or after July 25, 1990, the	182
person engaging in the conduct was using the vehicle in a manner	183
that constitutes a violation of any law of the state, district,	184
territory, or foreign country in which the conduct occurred, and	185
that law is substantially similar to a violation of section	186
2903.08 of the Revised Code;	187

(e) The person engaging in the conduct acted in a manner that	188
caused serious physical harm to a person and that constituted a	189
violation of any law of the state, district, territory, or foreign	190
country in which the conduct occurred, and that law is	191
substantially similar to section 4549.02 or 4549.021 of the	192
Revised Code.	193

(3) For the purposes of any person described in division	194
(A)(1) or (2) of this section, terrorism that occurs within or	195
outside the territorial jurisdiction of the United States.	196

(D) "Dependent" means an individual wholly or partially	197
dependent upon the victim for care and support, and includes a	198
child of the victim born after the victim's death.	199

(E) "Economic loss" means economic detriment consisting only	200
of allowable expense, work loss, funeral expense, unemployment	201
benefits loss, replacement services loss, cost of crime scene	202
cleanup, and cost of evidence replacement. If criminally injurious	203
conduct causes death, economic loss includes a dependent's	204
economic loss and a dependent's replacement services loss.	205
Noneconomic detriment is not economic loss; however, economic loss	206
may be caused by pain and suffering or physical impairment.	207

(F)(1) "Allowable expense" means reasonable charges incurred	208
for reasonably needed products, services, and accommodations,	209
including those for medical care, rehabilitation, rehabilitative	210
occupational training, and other remedial treatment and care and	211
including replacement costs for hearing aids; dentures, retainers,	212
and other dental appliances; canes, walkers, and other mobility	213
tools; and eyeglasses and other corrective lenses. It does not	214
include that portion of a charge for a room in a hospital, clinic,	215
convalescent home, nursing home, or any other institution engaged	216
in providing nursing care and related services in excess of a	217
reasonable and customary charge for semiprivate accommodations,	218
unless accommodations other than semiprivate accommodations are	219
medically required.	220

(2) An immediate family member of a victim of criminally	221
injurious conduct that consists of a homicide, a sexual assault,	222
domestic violence, or a severe and permanent incapacitating injury	223
resulting in paraplegia or a similar life-altering condition, who	224
requires psychiatric care or counseling as a result of the	225
criminally injurious conduct, may be reimbursed for that care or	226
counseling as an allowable expense through the victim's	227
application. The cumulative allowable expense for care or	228
counseling of that nature shall not exceed two thousand five	229
hundred dollars for each immediate family member of a victim of	230
that type and seven thousand five hundred dollars in the aggregate	231
for all immediate family members of a victim of that type.	232

(3) A family member of a victim who died as a proximate	233
result of criminally injurious conduct may be reimbursed as an	234
allowable expense through the victim's application for wages lost	235
and travel expenses incurred in order to attend criminal justice	236
proceedings arising from the criminally injurious conduct. The	237
cumulative allowable expense for wages lost and travel expenses	238
incurred by a family member to attend criminal justice proceedings	239
shall not exceed five hundred dollars for each family member of	240
the victim and two thousand dollars in the aggregate for all	241
family members of the victim.	242

(4)(a) "Allowable expense" includes reasonable expenses and	243
fees necessary to obtain a guardian's bond pursuant to section	244
2109.04 of the Revised Code when the bond is required to pay an	245
award to a fiduciary on behalf of a minor or other incompetent.	246

(b) "Allowable expense" includes attorney's fees not	247
exceeding one thousand dollars, at a rate not exceeding one	248
hundred dollars per hour, incurred to successfully obtain a	249
restraining order, custody order, or other order to physically	250
separate a victim from an offender. Attorney's fees for the	251
services described in this division may include an amount for	252
reasonable travel time incurred to attend court hearings, not	253
exceeding three hours' round-trip for each court hearing, assessed	254
at a rate not exceeding thirty dollars per hour.	255

(G) "Work loss" means loss of income from work that the	256
injured person would have performed if the person had not been	257
injured and expenses reasonably incurred by the person to obtain	258
services in lieu of those the person would have performed for	259
income, reduced by any income from substitute work actually	260
performed by the person, or by income the person would have earned	261
in available appropriate substitute work that the person was	262
capable of performing but unreasonably failed to undertake.	263

(H) "Replacement services loss" means expenses reasonably	264
incurred in obtaining ordinary and necessary services in lieu of	265
those the injured person would have performed, not for income, but	266
for the benefit of the person's self or family, if the person had	267
not been injured.	268

(I) "Dependent's economic loss" means loss after a victim's	269
death of contributions of things of economic value to the victim's	270
dependents, not including services they would have received from	271
the victim if the victim had not suffered the fatal injury, less	272
expenses of the dependents avoided by reason of the victim's	273
death. If a minor child of a victim is adopted after the victim's	274
death, the minor child continues after the adoption to incur a	275
dependent's economic loss as a result of the victim's death. If	276
the surviving spouse of a victim remarries, the surviving spouse	277
continues after the remarriage to incur a dependent's economic	278
loss as a result of the victim's death.	279

(J) "Dependent's replacement services loss" means loss	280
reasonably incurred by dependents after a victim's death in	281
obtaining ordinary and necessary services in lieu of those the	282
victim would have performed for their benefit if the victim had	283
not suffered the fatal injury, less expenses of the dependents	284
avoided by reason of the victim's death and not subtracted in	285
calculating the dependent's economic loss. If a minor child of a	286
victim is adopted after the victim's death, the minor child	287
continues after the adoption to incur a dependent's replacement	288
services loss as a result of the victim's death. If the surviving	289
spouse of a victim remarries, the surviving spouse continues after	290
the remarriage to incur a dependent's replacement services loss as	291
a result of the victim's death.	292

(K) "Noneconomic detriment" means pain, suffering,	293
inconvenience, physical impairment, or other nonpecuniary damage.	294

(L) "Victim" means a person who suffers personal injury or	295
death as a result of any of the following:	296

(1) Criminally injurious conduct;

297

(2) The good faith effort of any person to prevent criminally	298
injurious conduct;	299

(3) The good faith effort of any person to apprehend a person	300
suspected of engaging in criminally injurious conduct.	301

(M) "Contributory misconduct" means any conduct of the	302
claimant or of the victim through whom the claimant claims an	303
award of reparations that is unlawful or intentionally tortious	304
and that, without regard to the conduct's proximity in time or	305
space to the criminally injurious conduct, has a causal	306
relationship to the criminally injurious conduct that is the basis	307
of the claim.	308

(N)(1) "Funeral expense" means any reasonable charges that	309
are not in excess of seven thousand five hundred dollars per	310
funeral and that are incurred for expenses directly related to a	311
victim's funeral, cremation, or burial and any wages lost or	312
travel expenses incurred by a family member of a victim in order	313
to attend the victim's funeral, cremation, or burial.	314

(2) An award for funeral expenses shall be applied first to	315
expenses directly related to the victim's funeral, cremation, or	316
burial. An award for wages lost or travel expenses incurred by a	317
family member of the victim shall not exceed five hundred dollars	318
for each family member and shall not exceed in the aggregate the	319
difference between seven thousand five hundred dollars and	320
expenses that are reimbursed by the program and that are directly	321
related to the victim's funeral, cremation, or burial.	322

(O) "Unemployment benefits loss" means a loss of unemployment	323
benefits pursuant to Chapter 4141. of the Revised Code when the	324
loss arises solely from the inability of a victim to meet the able	325
to work, available for suitable work, or the actively seeking	326
suitable work requirements of division (A)(4)(a) of section	327
4141.29 of the Revised Code.	328

(P) "OVI violation" means any of the following:

329

(1) A violation of section 4511.19 of the Revised Code, of	330
any municipal ordinance prohibiting the operation of a vehicle	331
while under the influence of alcohol, a drug of abuse, or a	332
combination of them, or of any municipal ordinance prohibiting the	333
operation of a vehicle with a prohibited concentration of alcohol,	334
a controlled substance, or a metabolite of a controlled substance	335
in the whole blood, blood serum or plasma, breath, or urine;	336

(2) A violation of division (A)(1) of section 2903.06 of the	337
Revised Code;	338

(3) A violation of division (A)(2), (3), or (4) of section	339
2903.06 of the Revised Code or of a municipal ordinance	340
substantially similar to any of those divisions, if the offender	341
was under the influence of alcohol, a drug of abuse, or a	342
combination of them, at the time of the commission of the offense;	343

(4) For purposes of any person described in division (A)(2)	344
of this section, a violation of any law of the state, district,	345
territory, or foreign country in which the criminally injurious	346
conduct occurred, if that law is substantially similar to a	347
violation described in division (P)(1) or (2) of this section or	348
if that law is substantially similar to a violation described in	349
division (P)(3) of this section and the offender was under the	350
influence of alcohol, a drug of abuse, or a combination of them,	351
at the time of the commission of the offense.	352

(Q) "Pendency of the claim" for an original reparations	353
application or supplemental reparations application means the	354
period of time from the date the criminally injurious conduct upon	355
which the application is based occurred until the date a final	356
decision, order, or judgment concerning that original reparations	357
application or supplemental reparations application is issued.	358

(R) "Terrorism" means any activity to which all of the	359
following apply:	360

(1) The activity involves a violent act or an act that is	361
dangerous to human life.	362

(2) The act described in division (R)(1) of this section is	363
committed within the territorial jurisdiction of the United States	364
and is a violation of the criminal laws of the United States, this	365
state, or any other state or the act described in division (R)(1)	366
of this section is committed outside the territorial jurisdiction	367
of the United States and would be a violation of the criminal laws	368
of the United States, this state, or any other state if committed	369
within the territorial jurisdiction of the United States.	370

(3) The activity appears to be intended to do any of the	371
following:	372

(a) Intimidate or coerce a civilian population;

373

(b) Influence the policy of any government by intimidation or	374
coercion;	375

(c) Affect the conduct of any government by assassination or	376
kidnapping.	377

(4) The activity occurs primarily outside the territorial	378
jurisdiction of the United States or transcends the national	379
boundaries of the United States in terms of the means by which the	380
activity is accomplished, the person or persons that the activity	381
appears intended to intimidate or coerce, or the area or locale in	382
which the perpetrator or perpetrators of the activity operate or	383
seek asylum.	384

(S) "Transcends the national boundaries of the United States"	385
means occurring outside the territorial jurisdiction of the United	386
States in addition to occurring within the territorial	387
jurisdiction of the United States.	388

(T) "Cost of crime scene cleanup" means any of the following:

389

(1) The replacement cost for items of clothing removed from a	390
victim in order to make an assessment of possible physical harm or	391
to treat physical harm;	392

(2) Reasonable and necessary costs of cleaning the scene and	393
repairing, for the purpose of personal security, property damaged	394
at the scene where the criminally injurious conduct occurred, not	395
to exceed seven hundred fifty dollars in the aggregate per claim.	396

(U) "Cost of evidence replacement" means costs for	397
replacement of property confiscated for evidentiary purposes	398
related to the criminally injurious conduct, not to exceed seven	399
hundred fifty dollars in the aggregate per claim.	400

(V) "Provider" means any person who provides a victim or	401
claimant with a product, service, or accommodations that are an	402
allowable expense or a funeral expense.	403

(W) "Immediate family member" means an individual who resided	404
in the same permanent household as a victim at the time of the	405
criminally injurious conduct and who is related to the victim by	406
affinity or consanguinity.	407

(X) "Family member" means an individual who is related to a	408
victim by affinity or consanguinity.	409

(Y) "Survivor of abduction" means either of the following:

410

(1) A person who is the victim of a violation of section	411
2905.01 of the Revised Code who regained freedom on May 6, 2013,	412
and to whom both of the following apply:	413

(a) The person was restrained by force or threat for a period	414
of at least eight years between August 2002 and May 2013;	415

(b) The person was subjected to unwanted sexual activity or	416
serious physical harm.	417

(2) Any child born as a proximate result of a violation of	418
section 2905.01 of the Revised Code to a person who was the victim	419
of that violation and who is a survivor of abduction.	420

Sec. 2743.56.  (A) A claim for an award of reparations shall	421
be commenced by filing an application for an award of reparations	422
with the attorney general. The application may be filed by mail.	423
If the application is filed by mail, the post-marked date of the	424
application shall be considered the filing date of the	425
application. The application shall be in a form prescribed by the	426
attorney general and shall include a release authorizing the	427
attorney general and the court of claims to obtain any report,	428
document, or information that relates to the determination of the	429
claim for an award of reparations that is requested in the	430
application.	431

(B) All applications for an award of reparations shall be	432
filed as follows:	433

(1) If the victim of the criminally injurious conduct was a	434
minor, within two years of the victim's eighteenth birthday or	435
within two years from the date a complaint, indictment, or	436
information is filed against the alleged offender, whichever is	437
later. This division does not require that a complaint,	438
indictment, or information be filed against an alleged offender in	439
order for an application for an award of reparations to be filed	440
pertaining to a victim who was a minor if the application is filed	441
within two years of the victim's eighteenth birthday, and does not	442
affect the provisions of section 2743.64 of the Revised Code.	443

(2) If the victim of the criminally injurious conduct was an	444
adult, at any time after the occurrence of the criminally	445
injurious conduct;	446

(3) If the victim of the criminally injurious conduct is a	447
survivor of abduction as defined in section 2743.51 of the Revised	448
Code, at any time after the occurrence of the criminally injurious	449
conduct.	450

Sec. 2743.59.  (A)(1) The attorney general shall fully	451
investigate a claim for an award of reparations, regardless of	452
whether any person is prosecuted for or convicted of committing	453
the criminally injurious conduct alleged in the application. After	454

(2) Before conducting the investigation required under	455
division (A)(1) of this section, the attorney general shall	456
determine whether the claimant is a survivor of abduction. If the	457
attorney general finds that the claimant is a survivor of	458
abduction, the attorney general shall award the claimant	459
twenty-five thousand dollars, payable once per year, for a period	460
of years lasting the number of years that the claimant was	461
restrained. The attorney general is not required to make a written	462
finding of fact and decision concerning a claimant that the	463
attorney general determines is a survivor of abduction. The amount	464
received by the claimant shall be reduced by any other award of	465
reparations under this section for the criminally injurious	466
conduct alleged in the application.	467

(3) Except as provided in division (A)(2) of this section,	468
after completing the investigation, the attorney general shall	469
make a written finding of fact and decision concerning an award of	470
reparations.	471

(B)(1) The attorney general may require the claimant to	472
supplement the application for an award of reparations with any	473
further information or documentary materials, including any	474
medical report readily available, that may lead to any relevant	475
facts in the determination of whether, and the extent to which, a	476
claimant qualifies for an award of reparations. The attorney	477
general may depose any witness, including the claimant, pursuant	478
to Civil Rules 28, 30, and 45.	479

(2)(a) For the purpose of determining whether, and the extent	480
to which, a claimant qualifies for an award of reparations, the	481
attorney general may issue subpoenas and subpoenas duces tecum to	482
compel any person or entity, including any collateral source, that	483
provided, will provide, or would have provided to the victim any	484
income, benefit, advantage, product, service, or accommodation,	485
including any medical care or other income, benefit, advantage,	486
product, service, or accommodation that might qualify as an	487
allowable expense or a funeral expense, to produce materials to	488
the attorney general that are relevant to the income, benefit,	489
advantage, product, service, or accommodation that was, will be,	490
or would have been so provided and to the attorney general's	491
determination.	492

(b) If the attorney general issues a subpoena or subpoena	493
duces tecum under division (B)(2)(a) of this section and if the	494
materials that the attorney general requires to be produced are	495
located outside this state, the attorney general may designate one	496
or more representatives, including officials of the state in which	497
the materials are located, to inspect the materials on the	498
attorney general's behalf, and the attorney general may respond to	499
similar requests from officials of other states. The person or	500
entity subpoenaed may make the materials available to the attorney	501
general at a convenient location within the state.	502

(c) At any time before the return day specified in the	503
subpoena or subpoena duces tecum issued under division (B)(2)(a)	504
of this section or within twenty days after the subpoena or	505
subpoena duces tecum has been served, whichever period is shorter,	506
the person or entity subpoenaed may file with a judge of the court	507
of claims a petition to extend the return day or to modify or	508
quash the subpoena or subpoena duces tecum. The petition shall	509
state good cause.	510

(d) A person or entity who is subpoenaed under division	511
(B)(2)(a) of this section shall comply with the terms of the	512
subpoena or subpoena duces tecum unless otherwise provided by an	513
order of a judge of the court of claims entered prior to the day	514
for return contained in the subpoena or as extended by the court.	515
If a person or entity fails without lawful excuse to obey a	516
subpoena or subpoena duces tecum issued under division (B)(2)(a)	517
of this section or to produce relevant materials, the attorney	518
general may apply to a judge of the court of claims for and obtain	519
an order adjudging the person or entity in contempt of court.	520

(C) The finding of fact and decision that is issued by the	521
attorney general pursuant to division (A) of this section shall	522
contain all of the following:	523

(1) Whether the criminally injurious conduct that is the	524
basis for the application did occur, the date on which the conduct	525
occurred, and the exact nature of the conduct;	526

(2) Whether the criminally injurious conduct was reported to	527
a law enforcement officer or agency, the date on which the conduct	528
was reported, the name of the person who reported the conduct, and	529
the reasons why the conduct was not reported to a law enforcement	530
officer or agency;	531

(3) The exact nature of the injuries that the victim	532
sustained as a result of the criminally injurious conduct;	533

(4) A specific list of the economic loss that was sustained	534
as a result of the criminally injurious conduct by the victim, the	535
claimant, or a dependent;	536

(5) A specific list of any benefits or advantages that the	537
victim, the claimant, or a dependent has received or is entitled	538
to receive from any collateral source for economic loss that	539
resulted from the conduct and whether a collateral source would	540
have reimbursed the claimant for a particular expense if a timely	541
claim had been made, and the extent to which the expenses likely	542
would have been reimbursed by the collateral source;	543

(6) A description of any evidence in support of contributory	544
misconduct by the claimant or by the victim through whom the	545
claimant claims an award of reparations, whether the victim has	546
been convicted of a felony or has a record of felony arrests under	547
the laws of this state, another state, or the United States,	548
whether disqualifying conditions exist under division (E) of	549
section 2743.60 of the Revised Code, and whether there is evidence	550
that the victim engaged in an ongoing course of criminal conduct	551
within five years or less of the criminally injurious conduct that	552
is the subject of the claim;	553

(7) Whether the victim of the criminally injurious conduct	554
was a minor;	555

(8) If the victim of the criminally injurious conduct was a	556
minor, whether a complaint, indictment, or information was filed	557
against the alleged offender and, if such a filing occurred, its	558
date;	559

(9) Any information that is relevant to the claim for an	560
award of reparations.	561

(D) The decision that is issued by the attorney general	562
pursuant to division (A) of this section shall contain all of the	563
following:	564

(1) A statement as to whether a claimant is eligible for an	565
award of reparations, whether payments made pursuant to the award	566
are to be made to the claimant, to a provider, or jointly to the	567
claimant and a provider, and the amount of the payments to the	568
claimant or provider;	569

(2) A statement as to whether any of the payments made	570
pursuant to the award should be paid in a lump sum or in	571
installments;	572

(3) If the attorney general decides that an award not be made	573
to the claimant, the reasons for that decision.	574

(E) The attorney general shall make a written finding of fact	575
and decision in accordance with sections 2743.51 to 2743.72 of the	576
Revised Code within one hundred twenty days after receiving the	577
claim application. The attorney general may extend the	578
one-hundred-twenty-day time limit and shall record in writing	579
specific reasons to justify the extension. The attorney general	580
shall notify the claimant of the extension and of the reasons for	581
the extension. The attorney general shall serve a copy of its	582
written finding of fact and decision upon the claimant.	583

Sec. 2743.60.  (A) The attorney general, a court of claims	584
panel of commissioners, or a judge of the court of claims shall	585
not make or order an award of reparations to a claimant if the	586
criminally injurious conduct upon which the claimant bases a claim	587
never was reported to a law enforcement officer or agency.	588

(B)(1) The attorney general, a panel of commissioners, or a	589
judge of the court of claims shall not make or order an award of	590
reparations to a claimant if any of the following apply:	591

(a) The claimant is the offender or an accomplice of the	592
offender who committed the criminally injurious conduct, or the	593
award would unjustly benefit the offender or accomplice.	594

(b) Except as provided in division (B)(2) of this section,	595
both of the following apply:	596

(i) The victim was a passenger in a motor vehicle and knew or	597
reasonably should have known that the driver was under the	598
influence of alcohol, a drug of abuse, or both.	599

(ii) The claimant is seeking compensation for injuries	600
proximately caused by the driver described in division	601
(B)(1)(b)(i) of this section being under the influence of alcohol,	602
a drug of abuse, or both.	603

(c) Both of the following apply:

604

(i) The victim was under the influence of alcohol, a drug of	605
abuse, or both and was a passenger in a motor vehicle and, if	606
sober, should have reasonably known that the driver was under the	607
influence of alcohol, a drug of abuse, or both.	608

(ii) The claimant is seeking compensation for injuries	609
proximately caused by the driver described in division	610
(B)(1)(b)(i) of this section being under the influence of alcohol,	611
a drug of abuse, or both.	612

(2) Division (B)(1)(b) of this section does not apply if on	613
the date of the occurrence of the criminally injurious conduct,	614
the victim was under sixteen years of age or was at least sixteen	615
years of age but less than eighteen years of age and was riding	616
with a parent, guardian, or care-provider.	617

(C) The attorney general, a panel of commissioners, or a	618
judge of the court of claims, upon a finding that the claimant or	619
victim has not fully cooperated with appropriate law enforcement	620
agencies, may deny a claim or reconsider and reduce an award of	621
reparations.	622

(D) The attorney general, a panel of commissioners, or a	623
judge of the court of claims shall reduce an award of reparations	624
or deny a claim for an award of reparations that is otherwise	625
payable to a claimant to the extent that the economic loss upon	626
which the claim is based is recouped from other persons, including	627
collateral sources. If an award is reduced or a claim is denied	628
because of the expected recoupment of all or part of the economic	629
loss of the claimant from a collateral source, the amount of the	630
award or the denial of the claim shall be conditioned upon the	631
claimant's economic loss being recouped by the collateral source.	632
If the award or denial is conditioned upon the recoupment of the	633
claimant's economic loss from a collateral source and it is	634
determined that the claimant did not unreasonably fail to present	635
a timely claim to the collateral source and will not receive all	636
or part of the expected recoupment, the claim may be reopened and	637
an award may be made in an amount equal to the amount of expected	638
recoupment that it is determined the claimant will not receive	639
from the collateral source.	640

If the claimant recoups all or part of the economic loss upon	641
which the claim is based from any other person or entity,	642
including a collateral source, the attorney general may recover	643
pursuant to section 2743.72 of the Revised Code the part of the	644
award that represents the economic loss for which the claimant	645
received the recoupment from the other person or entity.	646

(E)(1) Except as otherwise provided in division (E)(2) of	647
this section, the attorney general, a panel of commissioners, or a	648
judge of the court of claims shall not make an award to a claimant	649
if any of the following applies:	650

(a) The victim was convicted of a felony within ten years	651
prior to the criminally injurious conduct that gave rise to the	652
claim or is convicted of a felony during the pendency of the	653
claim.	654

(b) The claimant was convicted of a felony within ten years	655
prior to the criminally injurious conduct that gave rise to the	656
claim or is convicted of a felony during the pendency of the	657
claim.	658

(c) It is proved by a preponderance of the evidence that the	659
victim or the claimant engaged, within ten years prior to the	660
criminally injurious conduct that gave rise to the claim or during	661
the pendency of the claim, in an offense of violence, a violation	662
of section 2925.03 of the Revised Code, or any substantially	663
similar offense that also would constitute a felony under the laws	664
of this state, another state, or the United States.	665

(d) The claimant was convicted of a violation of section	666
2919.22 or 2919.25 of the Revised Code, or of any state law or	667
municipal ordinance substantially similar to either section,	668
within ten years prior to the criminally injurious conduct that	669
gave rise to the claim or during the pendency of the claim.	670

(e) It is proved by a preponderance of the evidence that the	671
victim at the time of the criminally injurious conduct that gave	672
rise to the claim engaged in conduct that was a felony violation	673
of section 2925.11 of the Revised Code or engaged in any	674
substantially similar conduct that would constitute a felony under	675
the laws of this state, another state, or the United States.	676

(2) The attorney general, a panel of commissioners, or a	677
judge of the court of claims may make an award to a minor	678
dependent of a deceased victim for dependent's economic loss or	679
for counseling pursuant to division (F)(2) of section 2743.51 of	680
the Revised Code if the minor dependent is not ineligible under	681
division (E)(1) of this section due to the minor dependent's	682
criminal history and if the victim was not killed while engaging	683
in illegal conduct that contributed to the criminally injurious	684
conduct that gave rise to the claim. For purposes of this section,	685
the use of illegal drugs by the deceased victim shall not be	686
deemed to have contributed to the criminally injurious conduct	687
that gave rise to the claim.	688

(F) In determining whether to make an award of reparations	689
pursuant to this section, the attorney general or panel of	690
commissioners shall consider whether there was contributory	691
misconduct by the victim or the claimant. The attorney general, a	692
panel of commissioners, or a judge of the court of claims shall	693
reduce an award of reparations or deny a claim for an award of	694
reparations to the extent it is determined to be reasonable	695
because of the contributory misconduct of the claimant or the	696
victim.	697

When the attorney general decides whether a claim should be	698
denied because of an allegation of contributory misconduct, the	699
burden of proof on the issue of that alleged contributory	700
misconduct shall be upon the claimant, if either of the following	701
apply:	702

(1) The victim was convicted of a felony more than ten years	703
prior to the criminally injurious conduct that is the subject of	704
the claim or has a record of felony arrests under the laws of this	705
state, another state, or the United States.	706

(2) There is good cause to believe that the victim engaged in	707
an ongoing course of criminal conduct within five years or less of	708
the criminally injurious conduct that is the subject of the claim.	709

(G) The attorney general, a panel of commissioners, or a	710
judge of the court of claims shall not make an award of	711
reparations to a claimant if the criminally injurious conduct that	712
caused the injury or death that is the subject of the claim	713
occurred to a victim who was an adult and while the victim, after	714
being convicted of or pleading guilty to an offense, was serving a	715
sentence of imprisonment in any detention facility, as defined in	716
section 2921.01 of the Revised Code.	717

(H) If a claimant unreasonably fails to present a claim	718
timely to a source of benefits or advantages that would have been	719
a collateral source and that would have reimbursed the claimant	720
for all or a portion of a particular expense, the attorney	721
general, a panel of commissioners, or a judge of the court of	722
claims may reduce an award of reparations or deny a claim for an	723
award of reparations to the extent that it is reasonable to do so.	724

(I) ReparationsExcept as provided in division (A)(2) of	725
section 2743.59 of the Revised Code, reparations payable to a	726
victim and to all other claimants sustaining economic loss because	727
of injury to or the death of that victim shall not exceed fifty	728
thousand dollars in the aggregate. If the attorney general, a	729
panel of commissioners, or a judge of the court of claims reduces	730
an award under division (F) of this section, the maximum aggregate	731
amount of reparations payable under this division shall be reduced	732
proportionately to the reduction under division (F) of this	733
section.	734

(J) Nothing in this section shall be construed to prohibit an	735
award to a claimant whose claim is based on the claimant's being a	736
victim of a violation of section 2905.32 of the Revised Code if	737
the claimant was less than eighteen years of age when the	738
criminally injurious conduct occurred.	739

Sec. 2743.66.  (A) AExcept as provided in division (F) of	740
this section, a decision of the attorney general, order of a court	741
of claims panel of commissioners, or judgment of a judge of the	742
court of claims granting an award of reparations may provide for	743
the payment of the award in a lump sum or in installments. The	744
part of an award equal to the amount of economic loss accrued to	745
the date of the award shall be paid in a lump sum. An award for	746
allowable expense that would accrue after the award is made shall	747
not be paid in a lump sum. Except as provided in division (B) of	748
this section, the part of an award not paid in a lump sum shall be	749
paid in installments.	750

(B) Upon the motion of the claimant, the attorney general may	751
commute future economic loss, other than allowable expense, to a	752
lump sum but only upon a finding that either of the following	753
applies:	754

(1) The award in a lump sum will promote the interests of the	755
claimant.	756

(2) The present value of all future economic loss, other than	757
allowable expense, does not exceed one thousand dollars.	758

(C) The attorney general may make an award for future	759
economic loss payable in installments only for a period as to	760
which future economic loss reasonably can be determined. An award	761
for future economic loss payable in installments may be	762
reconsidered and modified upon a finding that a material and	763
substantial change of circumstances has occurred.	764

(D) An award is not subject to execution, attachment,	765
garnishment, or other process, except that, upon receipt of an	766
award by a claimant:	767

(1) The part of the award that is for allowable expense or	768
funeral expense is not exempt from such action by a creditor to	769
the extent that the creditor provided products, services, or	770
accommodations the costs of which are included in the award.	771

(2) The part of the award that is for work loss shall not be	772
exempt from such action to secure payment of spousal support,	773
other maintenance, or child support.	774

(3) The attorney general may recover the award pursuant to	775
section 2743.72 of the Revised Code if it is discovered that the	776
claimant actually was not eligible for the award or that the award	777
otherwise should not have been made under the standards and	778
criteria set forth in sections 2743.51 to 2743.72 of the Revised	779
Code.	780

(4) If the claimant receives compensation from any other	781
person or entity, including a collateral source, for an expense	782
that is included within the award, the attorney general may	783
recover pursuant to section 2743.72 of the Revised Code the part	784
of the award that represents the expense for which the claimant	785
received the compensation from the other person or entity.	786

(E) If a person entitled to an award of reparations is under	787
eighteen years of age and if the amount of the award exceeds one	788
thousand dollars, the order providing for the payment of the award	789
shall specify that the award be paid either to the guardian of the	790
estate of the minor appointed pursuant to Chapter 2111. of the	791
Revised Code or to the person or depository designated by the	792
probate court under section 2111.05 of the Revised Code. If a	793
person entitled to an award of reparations is under eighteen years	794
of age and if the amount of the award is one thousand dollars or	795
less, the order providing for the payment of the award may specify	796
that the award be paid to an adult member of the family of the	797
minor who is legally responsible for the minor's care or to any	798
other person designated by the attorney general or panel of	799
commissioners issuing the decision or order.	800

(F) Except as provided in division (A)(2) of section 2743.59	801
of the Revised Code, the payment of an award of reparations to a	802
survivor of abduction shall be paid in installments of twenty-five	803
thousand dollars, once per year for a period of years lasting the	804
number of years that the person was restrained.	805

Sec. 3333.27.  The chancellor of the board of regents shall	806
disburse to the Cleveland state university an amount sufficient to	807
cover living expenses for a survivor of abduction as defined in	808
section 2743.51 of the Revised Code who is enrolled in the	809
Cleveland state university to be disbursed each semester by the	810
Cleveland state university directly to the survivor of abduction.	811

Sec. 3344.07.  There is hereby created within the Cleveland	812
state university the survivors of abduction educational assistance	813
program to provide academic services and instruction to any	814
survivor of abduction as defined in section 2743.51 of the Revised	815
Code. The board of trustees of the Cleveland state university	816
shall administer the program. The board may delegate to officers	817
and employees of the university any of the duties of the board	818
required by this section. The board shall assist each survivor of	819
abduction in the admissions process and, once enrolled, shall	820
provide each survivor of abduction at least five academic years of	821
instruction at the university at no cost to the survivor of	822
abduction. If the survivor of abduction needs remedial instruction	823
prior to enrollment, the board shall coordinate the instruction	824
with a local community college and shall ensure that the remedial	825
instruction is provided at no cost to the survivor of abduction.	826

Section 2. That existing sections 2743.51, 2743.56, 2743.59,	827
2743.60, and 2743.66 of the Revised Code are hereby repealed.	828

Section 3. This act shall be known as the "Michelle Knight,	829
Amanda Berry, and Gina DeJesus Survivors of Abduction Act."	830

Section 4. This act is hereby declared to be an emergency	831
measure necessary for the immediate preservation of the public	832
peace, health, and safety. The reason for such necessity is to	833
assist survivors of abduction, without delay, in their recovery	834
and transition to freedom and to restore promptly their mental and	835
physical health. Therefore, this act shall go into immediate	836
effect.	837