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OH SB280

Bill

Status

Introduced

3/26/2018

Primary Sponsor

John Eklund

Click for details

Origin

Senate

132nd General Assembly (2017-2018)

AI Summary

  • Expands the exemption from punitive or exemplary damages limitations in Ohio tort law to include strict liability criminal offenses, in addition to felonies involving purposeful or knowing conduct.

  • Allows unlimited punitive damages (beyond the normal two times compensatory damages cap) when a defendant has been convicted of or pleaded guilty to a felony that is either a strict liability offense or involves purposeful or knowing conduct, and the tort action is based on that conviction.

  • Requires the defendant's criminal conviction to be the basis of the tort action for the exemption to apply.

  • Maintains all other existing limitations and procedures for punitive damages awards, including bifurcated trials, burden of proof by clear and convincing evidence, and restrictions on informing juries about damages caps.

  • Repeals the existing section 2315.21 of the Revised Code and replaces it with the amended version.

Legislative Description

Expand exemption from damage limits in tort law

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Refer to Committee: Judiciary

4/11/2018

Committee Referrals

Judiciary4/11/2018

Full Bill Text

No bill text available