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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 197

Representatives Barnes, Grossman 

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

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A BILL

To amend sections 2743.51, 2743.59, and 2743.66 and

1

to enact sections 3333.27 and 5111.82 of the

2

Revised Code to award at least twenty-five

3

thousand dollars per year from the court of claims

4

victims of crime fund to any survivor of abduction

5

who was abducted for a period of eight years or

6

more; to award free tuition at any state

7

university or college to any such survivor of

8

abduction; to seek a waiver from the United States

9

Secretary of Health and Human Services for medical

10

assistance to be provided for any such survivor of

11

abduction for the duration of the survivor's

12

lifetime; and to name the provisions of this bill

13

the Michelle Knight, Amanda Berry, and Gina

14

DeJesus Survivors of Abduction Act.

15

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

Section 1. That sections 2743.51, 2743.59, and 2743.66 be	16
amended and sections 3333.27 and 5111.82 of the Revised Code be	17
enacted to read as follows:	18

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	19
Revised Code:	20

(A) "Claimant" means both of the following categories of	21
persons:	22

(1) Any of the following persons who claim an award of	23
reparations under sections 2743.51 to 2743.72 of the Revised Code:	24

(a) A victim who was one of the following at the time of the	25
criminally injurious conduct:	26

(i) A resident of the United States;

27

(ii) A resident of a foreign country the laws of which permit	28
residents of this state to recover compensation as victims of	29
offenses committed in that country.	30

(b) A dependent of a deceased victim who is described in	31
division (A)(1)(a) of this section;	32

(c) A third person, other than a collateral source, who	33
legally assumes or voluntarily pays the obligations of a victim,	34
or of a dependent of a victim, who is described in division	35
(A)(1)(a) of this section, which obligations are incurred as a	36
result of the criminally injurious conduct that is the subject of	37
the claim and may include, but are not limited to, medical or	38
burial expenses;	39

(d) A person who is authorized to act on behalf of any person	40
who is described in division (A)(1)(a), (b), or (c) of this	41
section;	42

(e) The estate of a deceased victim who is described in	43
division (A)(1)(a) of this section.	44

(2) Any of the following persons who claim an award of	45
reparations under sections 2743.51 to 2743.72 of the Revised Code:	46

(a) A victim who had a permanent place of residence within	47
this state at the time of the criminally injurious conduct and	48
who, at the time of the criminally injurious conduct, complied	49
with any one of the following:	50

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

51

(ii) Was a member of the regular armed forces of the United	52
States or of the United States coast guard or was a full-time	53
member of the Ohio organized militia or of the United States army	54
reserve, naval reserve, or air force reserve;	55

(iii) Was retired and receiving social security or any other	56
retirement income;	57

(iv) Was sixty years of age or older;

58

(v) Was temporarily in another state for the purpose of	59
receiving medical treatment;	60

(vi) Was temporarily in another state for the purpose of	61
performing employment-related duties required by an employer	62
located within this state as an express condition of employment or	63
employee benefits;	64

(vii) Was temporarily in another state for the purpose of	65
receiving occupational, vocational, or other job-related training	66
or instruction required by an employer located within this state	67
as an express condition of employment or employee benefits;	68

(viii) Was a full-time student at an academic institution,	69
college, or university located in another state;	70

(ix) Had not departed the geographical boundaries of this	71
state for a period exceeding thirty days or with the intention of	72
becoming a citizen of another state or establishing a permanent	73
place of residence in another state.	74

(b) A dependent of a deceased victim who is described in	75
division (A)(2)(a) of this section;	76

(c) A third person, other than a collateral source, who	77
legally assumes or voluntarily pays the obligations of a victim,	78
or of a dependent of a victim, who is described in division	79
(A)(2)(a) of this section, which obligations are incurred as a	80
result of the criminally injurious conduct that is the subject of	81
the claim and may include, but are not limited to, medical or	82
burial expenses;	83

(d) A person who is authorized to act on behalf of any person	84
who is described in division (A)(2)(a), (b), or (c) of this	85
section;	86

(e) The estate of a deceased victim who is described in	87
division (A)(2)(a) of this section.	88

(B) "Collateral source" means a source of benefits or	89
advantages for economic loss otherwise reparable that the victim	90
or claimant has received, or that is readily available to the	91
victim or claimant, from any of the following sources:	92

(1) The offender;

93

(2) The government of the United States or any of its	94
agencies, a state or any of its political subdivisions, or an	95
instrumentality of two or more states, unless the law providing	96
for the benefits or advantages makes them excess or secondary to	97
benefits under sections 2743.51 to 2743.72 of the Revised Code;	98

(3) Social security, medicare, and medicaid;

99

(4) State-required, temporary, nonoccupational disability	100
insurance;	101

(5) Workers' compensation;

102

(6) Wage continuation programs of any employer;

103

(7) Proceeds of a contract of insurance payable to the victim	104
for loss that the victim sustained because of the criminally	105
injurious conduct;	106

(8) A contract providing prepaid hospital and other health	107
care services, or benefits for disability;	108

(9) That portion of the proceeds of all contracts of	109
insurance payable to the claimant on account of the death of the	110
victim that exceeds fifty thousand dollars;	111

(10) Any compensation recovered or recoverable under the laws	112
of another state, district, territory, or foreign country because	113
the victim was the victim of an offense committed in that state,	114
district, territory, or country.	115

"Collateral source" does not include any money, or the	116
monetary value of any property, that is subject to sections	117
2969.01 to 2969.06 of the Revised Code or that is received as a	118
benefit from the Ohio public safety officers death benefit fund	119
created by section 742.62 of the Revised Code.	120

(C) "Criminally injurious conduct" means one of the	121
following:	122

(1) For the purposes of any person described in division	123
(A)(1) of this section, any conduct that occurs or is attempted in	124
this state; poses a substantial threat of personal injury or	125
death; and is punishable by fine, imprisonment, or death, or would	126
be so punishable but for the fact that the person engaging in the	127
conduct lacked capacity to commit the crime under the laws of this	128
state. Criminally injurious conduct does not include conduct	129
arising out of the ownership, maintenance, or use of a motor	130
vehicle, except when any of the following applies:	131

(a) The person engaging in the conduct intended to cause	132
personal injury or death;	133

(b) The person engaging in the conduct was using the vehicle	134
to flee immediately after committing a felony or an act that would	135
constitute a felony but for the fact that the person engaging in	136
the conduct lacked the capacity to commit the felony under the	137
laws of this state;	138

(c) The person engaging in the conduct was using the vehicle	139
in a manner that constitutes an OVI violation;	140

(d) The conduct occurred on or after July 25, 1990, and the	141
person engaging in the conduct was using the vehicle in a manner	142
that constitutes a violation of section 2903.08 of the Revised	143
Code;	144

(e) The person engaging in the conduct acted in a manner that	145
caused serious physical harm to a person and that constituted a	146
violation of section 4549.02 or 4549.021 of the Revised Code.	147

(2) For the purposes of any person described in division	148
(A)(2) of this section, any conduct that occurs or is attempted in	149
another state, district, territory, or foreign country; poses a	150
substantial threat of personal injury or death; and is punishable	151
by fine, imprisonment, or death, or would be so punishable but for	152
the fact that the person engaging in the conduct lacked capacity	153
to commit the crime under the laws of the state, district,	154
territory, or foreign country in which the conduct occurred or was	155
attempted. Criminally injurious conduct does not include conduct	156
arising out of the ownership, maintenance, or use of a motor	157
vehicle, except when any of the following applies:	158

(a) The person engaging in the conduct intended to cause	159
personal injury or death;	160

(b) The person engaging in the conduct was using the vehicle	161
to flee immediately after committing a felony or an act that would	162
constitute a felony but for the fact that the person engaging in	163
the conduct lacked the capacity to commit the felony under the	164
laws of the state, district, territory, or foreign country in	165
which the conduct occurred or was attempted;	166

(c) The person engaging in the conduct was using the vehicle	167
in a manner that constitutes an OVI violation;	168

(d) The conduct occurred on or after July 25, 1990, the	169
person engaging in the conduct was using the vehicle in a manner	170
that constitutes a violation of any law of the state, district,	171
territory, or foreign country in which the conduct occurred, and	172
that law is substantially similar to a violation of section	173
2903.08 of the Revised Code;	174

(e) The person engaging in the conduct acted in a manner that	175
caused serious physical harm to a person and that constituted a	176
violation of any law of the state, district, territory, or foreign	177
country in which the conduct occurred, and that law is	178
substantially similar to section 4549.02 or 4549.021 of the	179
Revised Code.	180

(3) For the purposes of any person described in division	181
(A)(1) or (2) of this section, terrorism that occurs within or	182
outside the territorial jurisdiction of the United States.	183

(D) "Dependent" means an individual wholly or partially	184
dependent upon the victim for care and support, and includes a	185
child of the victim born after the victim's death.	186

(E) "Economic loss" means economic detriment consisting only	187
of allowable expense, work loss, funeral expense, unemployment	188
benefits loss, replacement services loss, cost of crime scene	189
cleanup, and cost of evidence replacement. If criminally injurious	190
conduct causes death, economic loss includes a dependent's	191
economic loss and a dependent's replacement services loss.	192
Noneconomic detriment is not economic loss; however, economic loss	193
may be caused by pain and suffering or physical impairment.	194

(F)(1) "Allowable expense" means reasonable charges incurred	195
for reasonably needed products, services, and accommodations,	196
including those for medical care, rehabilitation, rehabilitative	197
occupational training, and other remedial treatment and care and	198
including replacement costs for hearing aids; dentures, retainers,	199
and other dental appliances; canes, walkers, and other mobility	200
tools; and eyeglasses and other corrective lenses. It does not	201
include that portion of a charge for a room in a hospital, clinic,	202
convalescent home, nursing home, or any other institution engaged	203
in providing nursing care and related services in excess of a	204
reasonable and customary charge for semiprivate accommodations,	205
unless accommodations other than semiprivate accommodations are	206
medically required.	207

(2) An immediate family member of a victim of criminally	208
injurious conduct that consists of a homicide, a sexual assault,	209
domestic violence, or a severe and permanent incapacitating injury	210
resulting in paraplegia or a similar life-altering condition, who	211
requires psychiatric care or counseling as a result of the	212
criminally injurious conduct, may be reimbursed for that care or	213
counseling as an allowable expense through the victim's	214
application. The cumulative allowable expense for care or	215
counseling of that nature shall not exceed two thousand five	216
hundred dollars for each immediate family member of a victim of	217
that type and seven thousand five hundred dollars in the aggregate	218
for all immediate family members of a victim of that type.	219

(3) A family member of a victim who died as a proximate	220
result of criminally injurious conduct may be reimbursed as an	221
allowable expense through the victim's application for wages lost	222
and travel expenses incurred in order to attend criminal justice	223
proceedings arising from the criminally injurious conduct. The	224
cumulative allowable expense for wages lost and travel expenses	225
incurred by a family member to attend criminal justice proceedings	226
shall not exceed five hundred dollars for each family member of	227
the victim and two thousand dollars in the aggregate for all	228
family members of the victim.	229

(4)(a) "Allowable expense" includes reasonable expenses and	230
fees necessary to obtain a guardian's bond pursuant to section	231
2109.04 of the Revised Code when the bond is required to pay an	232
award to a fiduciary on behalf of a minor or other incompetent.	233

(b) "Allowable expense" includes attorney's fees not	234
exceeding one thousand dollars, at a rate not exceeding one	235
hundred dollars per hour, incurred to successfully obtain a	236
restraining order, custody order, or other order to physically	237
separate a victim from an offender. Attorney's fees for the	238
services described in this division may include an amount for	239
reasonable travel time incurred to attend court hearings, not	240
exceeding three hours' round-trip for each court hearing, assessed	241
at a rate not exceeding thirty dollars per hour.	242

(G) "Work loss" means loss of income from work that the	243
injured person would have performed if the person had not been	244
injured and expenses reasonably incurred by the person to obtain	245
services in lieu of those the person would have performed for	246
income, reduced by any income from substitute work actually	247
performed by the person, or by income the person would have earned	248
in available appropriate substitute work that the person was	249
capable of performing but unreasonably failed to undertake.	250

(H) "Replacement services loss" means expenses reasonably	251
incurred in obtaining ordinary and necessary services in lieu of	252
those the injured person would have performed, not for income, but	253
for the benefit of the person's self or family, if the person had	254
not been injured.	255

(I) "Dependent's economic loss" means loss after a victim's	256
death of contributions of things of economic value to the victim's	257
dependents, not including services they would have received from	258
the victim if the victim had not suffered the fatal injury, less	259
expenses of the dependents avoided by reason of the victim's	260
death. If a minor child of a victim is adopted after the victim's	261
death, the minor child continues after the adoption to incur a	262
dependent's economic loss as a result of the victim's death. If	263
the surviving spouse of a victim remarries, the surviving spouse	264
continues after the remarriage to incur a dependent's economic	265
loss as a result of the victim's death.	266

(J) "Dependent's replacement services loss" means loss	267
reasonably incurred by dependents after a victim's death in	268
obtaining ordinary and necessary services in lieu of those the	269
victim would have performed for their benefit if the victim had	270
not suffered the fatal injury, less expenses of the dependents	271
avoided by reason of the victim's death and not subtracted in	272
calculating the dependent's economic loss. If a minor child of a	273
victim is adopted after the victim's death, the minor child	274
continues after the adoption to incur a dependent's replacement	275
services loss as a result of the victim's death. If the surviving	276
spouse of a victim remarries, the surviving spouse continues after	277
the remarriage to incur a dependent's replacement services loss as	278
a result of the victim's death.	279

(K) "Noneconomic detriment" means pain, suffering,	280
inconvenience, physical impairment, or other nonpecuniary damage.	281

(L) "Victim" means a person who suffers personal injury or	282
death as a result of any of the following:	283

(1) Criminally injurious conduct;

284

(2) The good faith effort of any person to prevent criminally	285
injurious conduct;	286

(3) The good faith effort of any person to apprehend a person	287
suspected of engaging in criminally injurious conduct.	288

(M) "Contributory misconduct" means any conduct of the	289
claimant or of the victim through whom the claimant claims an	290
award of reparations that is unlawful or intentionally tortious	291
and that, without regard to the conduct's proximity in time or	292
space to the criminally injurious conduct, has a causal	293
relationship to the criminally injurious conduct that is the basis	294
of the claim.	295

(N)(1) "Funeral expense" means any reasonable charges that	296
are not in excess of seven thousand five hundred dollars per	297
funeral and that are incurred for expenses directly related to a	298
victim's funeral, cremation, or burial and any wages lost or	299
travel expenses incurred by a family member of a victim in order	300
to attend the victim's funeral, cremation, or burial.	301

(2) An award for funeral expenses shall be applied first to	302
expenses directly related to the victim's funeral, cremation, or	303
burial. An award for wages lost or travel expenses incurred by a	304
family member of the victim shall not exceed five hundred dollars	305
for each family member and shall not exceed in the aggregate the	306
difference between seven thousand five hundred dollars and	307
expenses that are reimbursed by the program and that are directly	308
related to the victim's funeral, cremation, or burial.	309

(O) "Unemployment benefits loss" means a loss of unemployment	310
benefits pursuant to Chapter 4141. of the Revised Code when the	311
loss arises solely from the inability of a victim to meet the able	312
to work, available for suitable work, or the actively seeking	313
suitable work requirements of division (A)(4)(a) of section	314
4141.29 of the Revised Code.	315

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

316

(1) A violation of section 4511.19 of the Revised Code, of	317
any municipal ordinance prohibiting the operation of a vehicle	318
while under the influence of alcohol, a drug of abuse, or a	319
combination of them, or of any municipal ordinance prohibiting the	320
operation of a vehicle with a prohibited concentration of alcohol,	321
a controlled substance, or a metabolite of a controlled substance	322
in the whole blood, blood serum or plasma, breath, or urine;	323

(2) A violation of division (A)(1) of section 2903.06 of the	324
Revised Code;	325

(3) A violation of division (A)(2), (3), or (4) of section	326
2903.06 of the Revised Code or of a municipal ordinance	327
substantially similar to any of those divisions, if the offender	328
was under the influence of alcohol, a drug of abuse, or a	329
combination of them, at the time of the commission of the offense;	330

(4) For purposes of any person described in division (A)(2)	331
of this section, a violation of any law of the state, district,	332
territory, or foreign country in which the criminally injurious	333
conduct occurred, if that law is substantially similar to a	334
violation described in division (P)(1) or (2) of this section or	335
if that law is substantially similar to a violation described in	336
division (P)(3) of this section and the offender was under the	337
influence of alcohol, a drug of abuse, or a combination of them,	338
at the time of the commission of the offense.	339

(Q) "Pendency of the claim" for an original reparations	340
application or supplemental reparations application means the	341
period of time from the date the criminally injurious conduct upon	342
which the application is based occurred until the date a final	343
decision, order, or judgment concerning that original reparations	344
application or supplemental reparations application is issued.	345

(R) "Terrorism" means any activity to which all of the	346
following apply:	347

(1) The activity involves a violent act or an act that is	348
dangerous to human life.	349

(2) The act described in division (R)(1) of this section is	350
committed within the territorial jurisdiction of the United States	351
and is a violation of the criminal laws of the United States, this	352
state, or any other state or the act described in division (R)(1)	353
of this section is committed outside the territorial jurisdiction	354
of the United States and would be a violation of the criminal laws	355
of the United States, this state, or any other state if committed	356
within the territorial jurisdiction of the United States.	357

(3) The activity appears to be intended to do any of the	358
following:	359

(a) Intimidate or coerce a civilian population;

360

(b) Influence the policy of any government by intimidation or	361
coercion;	362

(c) Affect the conduct of any government by assassination or	363
kidnapping.	364

(4) The activity occurs primarily outside the territorial	365
jurisdiction of the United States or transcends the national	366
boundaries of the United States in terms of the means by which the	367
activity is accomplished, the person or persons that the activity	368
appears intended to intimidate or coerce, or the area or locale in	369
which the perpetrator or perpetrators of the activity operate or	370
seek asylum.	371

(S) "Transcends the national boundaries of the United States"	372
means occurring outside the territorial jurisdiction of the United	373
States in addition to occurring within the territorial	374
jurisdiction of the United States.	375

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

376

(1) The replacement cost for items of clothing removed from a	377
victim in order to make an assessment of possible physical harm or	378
to treat physical harm;	379

(2) Reasonable and necessary costs of cleaning the scene and	380
repairing, for the purpose of personal security, property damaged	381
at the scene where the criminally injurious conduct occurred, not	382
to exceed seven hundred fifty dollars in the aggregate per claim.	383

(U) "Cost of evidence replacement" means costs for	384
replacement of property confiscated for evidentiary purposes	385
related to the criminally injurious conduct, not to exceed seven	386
hundred fifty dollars in the aggregate per claim.	387

(V) "Provider" means any person who provides a victim or	388
claimant with a product, service, or accommodations that are an	389
allowable expense or a funeral expense.	390

(W) "Immediate family member" means an individual who resided	391
in the same permanent household as a victim at the time of the	392
criminally injurious conduct and who is related to the victim by	393
affinity or consanguinity.	394

(X) "Family member" means an individual who is related to a	395
victim by affinity or consanguinity.	396

(Y) "Survivor of abduction" means a person who is the victim	397
of a violation of section 2905.02 of the Revised Code and who has	398
been restrained or held in a condition of involuntary servitude	399
for a period of at least eight years and who subsequently regains	400
freedom. "Survivor of abduction" includes any child born as a	401
proximate result of a violation of section 2905.02 of the Revised	402
Code to the person who was the victim of that violation and who is	403
a survivor of abduction.	404

Sec. 2743.59.  (A) The attorney general shall fully	405
investigate a claim for an award of reparations, regardless of	406
whether any person is prosecuted for or convicted of committing	407
the criminally injurious conduct alleged in the application. After	408
completing the investigation, the attorney general shall make a	409
written finding of fact and decision concerning an award of	410
reparations.	411

(B)(1) The attorney general may require the claimant to	412
supplement the application for an award of reparations with any	413
further information or documentary materials, including any	414
medical report readily available, that may lead to any relevant	415
facts in the determination of whether, and the extent to which, a	416
claimant qualifies for an award of reparations. The attorney	417
general may depose any witness, including the claimant, pursuant	418
to Civil Rules 28, 30, and 45.	419

(2)(a) For the purpose of determining whether, and the extent	420
to which, a claimant qualifies for an award of reparations, the	421
attorney general may issue subpoenas and subpoenas duces tecum to	422
compel any person or entity, including any collateral source, that	423
provided, will provide, or would have provided to the victim any	424
income, benefit, advantage, product, service, or accommodation,	425
including any medical care or other income, benefit, advantage,	426
product, service, or accommodation that might qualify as an	427
allowable expense or a funeral expense, to produce materials to	428
the attorney general that are relevant to the income, benefit,	429
advantage, product, service, or accommodation that was, will be,	430
or would have been so provided and to the attorney general's	431
determination.	432

(b) If the attorney general issues a subpoena or subpoena	433
duces tecum under division (B)(2)(a) of this section and if the	434
materials that the attorney general requires to be produced are	435
located outside this state, the attorney general may designate one	436
or more representatives, including officials of the state in which	437
the materials are located, to inspect the materials on the	438
attorney general's behalf, and the attorney general may respond to	439
similar requests from officials of other states. The person or	440
entity subpoenaed may make the materials available to the attorney	441
general at a convenient location within the state.	442

(c) At any time before the return day specified in the	443
subpoena or subpoena duces tecum issued under division (B)(2)(a)	444
of this section or within twenty days after the subpoena or	445
subpoena duces tecum has been served, whichever period is shorter,	446
the person or entity subpoenaed may file with a judge of the court	447
of claims a petition to extend the return day or to modify or	448
quash the subpoena or subpoena duces tecum. The petition shall	449
state good cause.	450

(d) A person or entity who is subpoenaed under division	451
(B)(2)(a) of this section shall comply with the terms of the	452
subpoena or subpoena duces tecum unless otherwise provided by an	453
order of a judge of the court of claims entered prior to the day	454
for return contained in the subpoena or as extended by the court.	455
If a person or entity fails without lawful excuse to obey a	456
subpoena or subpoena duces tecum issued under division (B)(2)(a)	457
of this section or to produce relevant materials, the attorney	458
general may apply to a judge of the court of claims for and obtain	459
an order adjudging the person or entity in contempt of court.	460

(C) The finding of fact and decision that is issued by the	461
attorney general pursuant to division (A) of this section shall	462
contain all of the following:	463

(1) Whether the criminally injurious conduct that is the	464
basis for the application did occur, the date on which the conduct	465
occurred, and the exact nature of the conduct;	466

(2) Whether the criminally injurious conduct was reported to	467
a law enforcement officer or agency, the date on which the conduct	468
was reported, the name of the person who reported the conduct, and	469
the reasons why the conduct was not reported to a law enforcement	470
officer or agency;	471

(3) The exact nature of the injuries that the victim	472
sustained as a result of the criminally injurious conduct;	473

(4) A specific list of the economic loss that was sustained	474
as a result of the criminally injurious conduct by the victim, the	475
claimant, or a dependent;	476

(5) A specific list of any benefits or advantages that the	477
victim, the claimant, or a dependent has received or is entitled	478
to receive from any collateral source for economic loss that	479
resulted from the conduct and whether a collateral source would	480
have reimbursed the claimant for a particular expense if a timely	481
claim had been made, and the extent to which the expenses likely	482
would have been reimbursed by the collateral source;	483

(6) A description of any evidence in support of contributory	484
misconduct by the claimant or by the victim through whom the	485
claimant claims an award of reparations, whether the victim has	486
been convicted of a felony or has a record of felony arrests under	487
the laws of this state, another state, or the United States,	488
whether disqualifying conditions exist under division (E) of	489
section 2743.60 of the Revised Code, and whether there is evidence	490
that the victim engaged in an ongoing course of criminal conduct	491
within five years or less of the criminally injurious conduct that	492
is the subject of the claim;	493

(7) Whether the victim of the criminally injurious conduct	494
was a minor;	495

(8) If the victim of the criminally injurious conduct was a	496
minor, whether a complaint, indictment, or information was filed	497
against the alleged offender and, if such a filing occurred, its	498
date;	499

(9) Any information that is relevant to the claim for an	500
award of reparations.	501

(D) The decision that is issued by the attorney general	502
pursuant to division (A) of this section shall contain all of the	503
following:	504

(1) A statement as to whether a claimant is eligible for an	505
award of reparations, whether payments made pursuant to the award	506
are to be made to the claimant, to a provider, or jointly to the	507
claimant and a provider, and the amount of the payments to the	508
claimant or provider;	509

(2) A statement as to whether any of the payments made	510
pursuant to the award should be paid in a lump sum or in	511
installments;	512

(3) If the attorney general decides that an award not be made	513
to the claimant, the reasons for that decision.	514

(E) The attorney general shall make a written finding of fact	515
and decision in accordance with sections 2743.51 to 2743.72 of the	516
Revised Code within one hundred twenty days after receiving the	517
claim application. The attorney general may extend the	518
one-hundred-twenty-day time limit and shall record in writing	519
specific reasons to justify the extension. The attorney general	520
shall notify the claimant of the extension and of the reasons for	521
the extension. The attorney general shall serve a copy of its	522
written finding of fact and decision upon the claimant.	523

(F) If, after conducting the investigation required under	524
division (A) of this section, the attorney general finds that the	525
person who has submitted a claim for an award of reparations is a	526
survivor of abduction, the attorney general shall include within	527
the attorney general's decision a statement that the person shall	528
receive at least twenty-five thousand dollars, payable once per	529
year, for a period of years lasting at least the number of years	530
that the person was restrained or held in a condition of	531
involuntary servitude. This division and the related provisions in	532
division (Y) of section 2743.51, division (F) of section 2743.66,	533
and sections 3333.27 and 5111.82 of the Revised Code shall be	534
known as the Michelle Knight, Amanda Berry, and Gina DeJesus	535
Survivors of Abduction Act.	536

Sec. 2743.66.  (A) AExcept as provided in division (F) of	537
this section, a decision of the attorney general, order of a court	538
of claims panel of commissioners, or judgment of a judge of the	539
court of claims granting an award of reparations may provide for	540
the payment of the award in a lump sum or in installments. The	541
part of an award equal to the amount of economic loss accrued to	542
the date of the award shall be paid in a lump sum. An award for	543
allowable expense that would accrue after the award is made shall	544
not be paid in a lump sum. Except as provided in division (B) of	545
this section, the part of an award not paid in a lump sum shall be	546
paid in installments.	547

(B) Upon the motion of the claimant, the attorney general may	548
commute future economic loss, other than allowable expense, to a	549
lump sum but only upon a finding that either of the following	550
applies:	551

(1) The award in a lump sum will promote the interests of the	552
claimant.	553

(2) The present value of all future economic loss, other than	554
allowable expense, does not exceed one thousand dollars.	555

(C) The attorney general may make an award for future	556
economic loss payable in installments only for a period as to	557
which future economic loss reasonably can be determined. An award	558
for future economic loss payable in installments may be	559
reconsidered and modified upon a finding that a material and	560
substantial change of circumstances has occurred.	561

(D) An award is not subject to execution, attachment,	562
garnishment, or other process, except that, upon receipt of an	563
award by a claimant:	564

(1) The part of the award that is for allowable expense or	565
funeral expense is not exempt from such action by a creditor to	566
the extent that the creditor provided products, services, or	567
accommodations the costs of which are included in the award.	568

(2) The part of the award that is for work loss shall not be	569
exempt from such action to secure payment of spousal support,	570
other maintenance, or child support.	571

(3) The attorney general may recover the award pursuant to	572
section 2743.72 of the Revised Code if it is discovered that the	573
claimant actually was not eligible for the award or that the award	574
otherwise should not have been made under the standards and	575
criteria set forth in sections 2743.51 to 2743.72 of the Revised	576
Code.	577

(4) If the claimant receives compensation from any other	578
person or entity, including a collateral source, for an expense	579
that is included within the award, the attorney general may	580
recover pursuant to section 2743.72 of the Revised Code the part	581
of the award that represents the expense for which the claimant	582
received the compensation from the other person or entity.	583

(E) If a person entitled to an award of reparations is under	584
eighteen years of age and if the amount of the award exceeds one	585
thousand dollars, the order providing for the payment of the award	586
shall specify that the award be paid either to the guardian of the	587
estate of the minor appointed pursuant to Chapter 2111. of the	588
Revised Code or to the person or depository designated by the	589
probate court under section 2111.05 of the Revised Code. If a	590
person entitled to an award of reparations is under eighteen years	591
of age and if the amount of the award is one thousand dollars or	592
less, the order providing for the payment of the award may specify	593
that the award be paid to an adult member of the family of the	594
minor who is legally responsible for the minor's care or to any	595
other person designated by the attorney general or panel of	596
commissioners issuing the decision or order.	597

(F) The payment of an award of reparations to a survivor of	598
abduction shall be paid in installments of twenty-five thousand	599
dollars, once per year for a period of years lasting at least the	600
number of years that the person was restrained or held in a	601
condition of involuntary servitude.	602

Sec. 3333.27. (A) Any person who is a survivor of abduction	603
and who is admitted to any state university or college, community	604
college, state community college, university branch, or technical	605
college shall not be required to pay any tuition or any student	606
fee for up to five academic years of education at the	607
undergraduate level. Additionally, the chancellor of the board of	608
regents shall appropriate to the state university or college,	609
community college, state community college, university branch, or	610
technical college to which a survivor of abduction enrolls an	611
amount sufficient to cover living expenses for the survivor of	612
abduction, to be disbursed each semester by the state university	613
or college, community college, state community college, university	614
branch, or technical college directly to the survivor of	615
abduction.	616

(B) As used in this section:

617

(1) "Survivor of abduction" has the same meaning as in	618
section 2743.51 of the Revised Code.	619

(2) "State university or college" has the same meaning as in	620
section 3345.12 of the Revised Code.	621

Sec. 5111.82.  The medical assistance director shall submit a	622
request to the United States secretary of health and human	623
services for approval of a waiver under which medical assistance	624
is provided to each individual who is a survivor of abduction, as	625
defined in section 2743.51 of the Revised Code, for the duration	626
of the individual's life.	627

Section 2. That existing sections 2743.51, 2743.59, and	628
2743.66 of the Revised Code are hereby repealed.	629