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OH HB281

Bill

Status

Introduced

9/26/2023

Primary Sponsor

William Seitz

Click for details

Origin

House of Representatives

135th General Assembly (2023-2024)

AI Summary

  • Amends Ohio Revised Code Section 2307.60 to require that a person injured by a criminal act may only recover damages if the perpetrator was convicted of, pleaded guilty to, or adjudicated delinquent in connection with that criminal act in a final, unappealable order.

  • Allows injured persons to recover costs of maintaining the civil action and attorney's fees if authorized by Rules of Civil Procedure or Ohio law, and punitive or exemplary damages if authorized by Section 2315.21 or other Ohio statutes.

  • Establishes that final criminal judgments for offenses of violence punishable by death or imprisonment exceeding one year preclude defendants from denying facts essential to the judgment in subsequent civil proceedings, unless extraordinary circumstances prevented a full and fair opportunity to litigate.

  • Bars recovery in tort actions for persons who committed felonies or violence-related misdemeanors that were a proximate cause of the injury, or who engaged in criminal conduct that would constitute such crimes regardless of conviction status.

  • Provides exceptions allowing tort claims based on alleged constitutional violations, federal civil rights violations, and intentional tortious conduct, and protects innocent bystanders from liability bars when victimized by someone exercising legitimate self-defense or defense of residence.

Legislative Description

Require criminal conviction for certain civil actions for damages

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Reported - Substitute: Civil Justice

12/4/2024

Committee Referrals

Rules and Reference6/13/2023
Civil Justice10/3/2023

Full Bill Text

No bill text available