Bill Summary – FastDemocracy

As Introduced
135th General Assembly
   Regular Session                                        S. B. No. 267
       2023-2024
                             Senator Schaffer
                   Cosponsors: Senators Brenner, Cirino
                                A BILL
            To amend section 2307.70 and to enact section                 1
               309.081 of the Revised Code regarding civil                2
               actions by persons who suffer injury or loss due           3
               to vandalism or riot activity.                             4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 2307.70 be amended and section               5
309.081 of the Revised Code be enacted to read as follows:                6
     Sec. 309.081. It is the intent of the General Assembly to            7
encourage prosecution of activities committed in violation of             8
section 2909.05, 2917.02, or 2917.03 of the Revised Code.                 9
     Sec. 2307.70. (A)(A)(1) Any person who suffers injury or             10
loss to person or property as a result of an act committed in             11
violation of section 2909.05, 2927.11, or 2927.12 of the Revised          12
Code has a civil action against the offender and may recover in           13
that action full compensatory damages, including, but not                 14
limited to, damages for emotional distress, and may recover               15
punitive or exemplary damages, court costs, other reasonable              16
expenses incurred in maintaining that action, and the reasonable          17
attorney's fees incurred in maintaining that action.                      18
S. B. No. 267                                                       Page 2
As Introduced
       (2)(a) Any person who suffers injury or loss to person or             19
property as a result of an act committed in violation of section             20
2909.05, 2917.02, or 2917.03 of the Revised Code has a civil                 21
action against any offender who committed the violation and                  22
against any person or organization who provided material support             23
or resources with the intent that the material support or                    24
resources would be used to perpetuate the offense. In the                    25
action, the person may obtain an order requiring the offender to             26
fix or repair damage to property that was suffered by the person             27
and may recover other damages, as described in divisions (A)(2)              28
(b) and (c) of this section.                                                 29
       (b)(i) In a civil action brought against an offender under            30
division (A)(2)(a) of this section, if the person who brings the             31
action proves that the offender's conduct in violation of                    32
section 2909.05, 2917.02, or 2917.03 of the Revised Code or that             33
the conduct of any person in violation of any of those sections              34
that occurred at the same time as, was part of a common scheme               35
or plan with, or was part of a course of criminal conduct with,              36
the offender's violation of any of those sections was a                      37
proximate cause of damage to property that was suffered by the               38
person, there is a presumption that the offender shall be                    39
required to fix or repair damage to property that occurred as a              40
proximate result of that conduct, in either the manner described             41
in division (A)(2)(d)(i) of this section or the manner described             42
in division (A)(2)(d)(ii) of this section. The presumption                   43
applies with respect to each item of property that suffered                  44
damage as a proximate result of that conduct.                                45
       (ii) The presumption described in division (A)(2)(b)(i) of            46
this section does not apply with respect to a particular item of             47
property, and the court shall not issue an order requiring the               48
offender against whom the civil action is brought to fix or                  49
S. B. No. 267                                                       Page 3
As Introduced
repair damage to that item of property that occurred as a                    50
proximate result of the conduct described in that division, if               51
the offender proves by clear and convincing evidence that the                52
offender did not personally engage in conduct in violation of                53
section 2909.05, 2917.02, or 2917.03 of the Revised Code that                54
was a proximate cause of the damage to that item of property.                55
       (iii) When the presumption described in division (A)(2)(b)            56
(i) of this section applies, the court shall issue an order                  57
requiring the offender against whom the civil action is brought              58
to fix or repair the damage to property that occurred as a                   59
proximate result of the conduct described in that division, in               60
either the manner described in division (A)(2)(d)(i) of this                 61
section or the manner described in division (A)(2)(d)(ii) of                 62
this section, as determined by the court.                                    63
       (c) In a civil action brought under division (A)(2)(a) of             64
this section, in addition to obtaining an order as described in              65
division (A)(2)(b) of this section requiring the offender                    66
against whom the action is brought to fix or repair the damage               67
to property that occurred as a proximate result of conduct                   68
described in division (A)(2)(b)(i) of this section, if                       69
applicable, the person who brings the action may recover in the              70
action full compensatory damages, including damages for                      71
emotional distress, and may recover court costs, other                       72
reasonable expenses incurred in maintaining that action, and the             73
reasonable attorney's fees incurred in maintaining that action.              74
       (d) As used in division (A)(2) of this section:                       75
       (i) "Fix or repair damage to property" or "fix or repair              76
the damage to property" that occurred as a proximate result of               77
conduct described in division (A)(2)(b)(i) of this section means             78
either of the following, as ordered by the court:                            79
S. B. No. 267                                                      Page 4
As Introduced
       (I) The offender to whom an order issued under that                  80
division applies personally fixes or repairs the damage to the              81
property that occurred as a proximate result of the conduct, to             82
the extent practicable;                                                     83
       (II) The offender to whom an order issued under that                 84
division applies pays the cost of fixing or repairing damage to             85
the property that occurred as a proximate result of the conduct.            86
       (ii) "Material support or resources" has the same meaning            87
as in section 2909.21 of the Revised Code.                                  88
       (B)(1) Any person who suffers injury or loss to person or            89
property as a result of an act committed in violation of section            90
2909.05, 2927.11, or 2927.12 of the Revised Code by a minor                 91
child has a civil action against the parent of the minor child              92
and may recover in that action compensatory damages not to                  93
exceed fifteen thousand dollars, court costs, other reasonable              94
expenses incurred in maintaining that action, and reasonable                95
attorney's fees incurred in maintaining that action. A parent               96
and the parent's minor child are jointly and severally liable as            97
specified in this division for the injury or loss to person or              98
property caused by the minor child's act committed in violation             99
of section 2909.05, 2927.11, or 2927.12 of the Revised Code. If             100
a person recovers compensatory damages from a parent of a minor             101
child pursuant to this division, that recovery does not preclude            102
the person from maintaining a civil action against the minor                103
child pursuant to division (A) of this section.                             104
       (2) As used in division (B) of this section:                         105
       (a) "Minor child" means a person who is under eighteen               106
years of age and who is not married at the time of the                      107
commission of an act in violation of section 2909.05, 2927.11,              108
S. B. No. 267                                                       Page 5
As Introduced
or 2927.12 of the Revised Code that gives rise to a civil action             109
under division (B) of this section.                                          110
       (b) "Parent" has the same meaning as in section 3109.09 of            111
the Revised Code.                                                            112
       (C)(C)(1) No government official with authority over any              113
law enforcement agency or peace officers shall do any of the                 114
following:                                                                   115
       (a) Limit or restrict the authority of the agency to have             116
its peace officers, or certain designated peace officers of the              117
agency, arrest or detain individuals involved in a riot or                   118
vandalism activity or take action to quell a riot or vandalism               119
activity;                                                                    120
       (b) Limit or restrict the authority of the officers, or               121
certain designated officers, to arrest or detain individuals                 122
involved in a riot or vandalism activity or to take action to                123
quell a riot or vandalism activity.                                          124
       (2) No government official, law enforcement agency, or                125
peace officer shall discharge, demote, reassign, or take any                 126
punitive action against any employee because the employee made a             127
charge, testified, assisted, or participated in any manner in                128
any investigation, proceeding, or hearing regarding a violation              129
of division (C)(1) of this section.                                          130
       (3) As used in division (C) of this section:                          131
       (a) "Government entity" means this state, a state agency              132
as defined in section 1.60 of the Revised Code, a political                  133
subdivision, or any entity of local government.                              134
       (b) "Government official" means any elected or appointed              135
officer, employee, or agent of a government entity, other than a             136
S. B. No. 267                                                       Page 6
As Introduced
peace officer, whether in a temporary or permanent capacity.                 137
       (c) "Law enforcement agency" means a government entity                138
that employs peace officers to perform law enforcement duties.               139
       (d) "Peace officer" has the same meaning as in section                140
2921.51 of the Revised Code.                                                 141
       (e) "Riot or vandalism activity" means any conduct that is            142
in violation of section 2909.05, 2917.02, or 2917.03 of the                  143
Revised Code or in violation of any ordinance of a municipal                 144
corporation that is substantially equivalent to any of those                 145
sections.                                                                    146
       (D) The monetary limitation upon compensatory damages set             147
forth in section 3109.09 or 3109.10 of the Revised Code does not             148
apply to a civil action brought pursuant to division (A) or,                 149
(B), or (C) of this section.                                                 150
       (D)(E) A civil action may be maintained under division (A)            151
or, (B), or (C) of this section whether or not the person who                152
committed an act in violation of section 2909.05, 2917.02,                   153
2917.03, 2927.11, or 2927.12 of the Revised Code has been                    154
charged by an indictment, information, or complaint with a                   155
violation of any of those sections, has been convicted of or                 156
pleaded guilty to a violation of any of those sections, has been             157
charged by a complaint with being a delinquent child for                     158
committing an act that is a violation of any of those sections,              159
or has been adjudicated a delinquent child for having committed              160
an act of that nature.                                                       161
       (E)(F) No record of conviction, unless obtained by                    162
confession in open court, or delinquent child adjudication shall             163
be used as evidence in a civil action brought pursuant to                    164
division (A) or, (B), or (C) of this section.                                165
S. B. No. 267                                                    Page 7
As Introduced
       Section 2. That existing section 2307.70 of the Revised            166
Code is hereby repealed.                                                  167