2006 Ohio Revised Code - 2307.60. Civil recovery for criminal act; record of conviction as evidence; when offender barred from recovering in tort action.

§ 2307.60. Civil recovery for criminal act; record of conviction as evidence; when offender barred from recovering in tort action.
 

(A)  Anyone injured in person or property by a criminal act has, and may recover full damages in, a civil action unless specifically excepted by law, may recover the costs of maintaining the civil action and attorney's fees if authorized by any provision of the Rules of Civil Procedure or another section of the Revised Code or under the common law of this state, and may recover punitive or exemplary damages if authorized by section 2315.21 or another section of the Revised Code. No record of a conviction, unless obtained by confession in open court, shall be used as evidence in a civil action brought pursuant to division (A) of this section. 

(B) (1)  As used in division (B) of this section, "tort action" means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons. "Tort action" includes, but is not limited to, a product liability claim, as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code, an action for wrongful death under Chapter 2125. of the Revised Code, and an action based on derivative claims for relief. 

(2) Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if the person has been convicted of or has pleaded guilty to a felony, or to a misdemeanor that is an offense of violence, arising out of criminal conduct that was a proximate cause of the injury or loss for which relief is claimed in the action. 

(3) Division (B) of this section does not apply to civil claims based upon alleged intentionally tortious conduct, alleged violations of the United States Constitution, or alleged violations of statutes of the United States pertaining to civil rights. 
 

HISTORY: RS § 6803; 74 v 243, § 10; GC § 12379; Bureau of Code Revision, RC § 1.16, 10-1-53; RC § 2307.60, 140 v H 426 (Eff 4-4-85); 142 v H 1 (Eff 1-5-88); 146 v H 350 (Eff 1-27-97); 147 v H 547 (Eff 8-5-98); 149 v S 108, § 2.01 (Eff 7-6-2001); 149 v S 107. Eff 6-28-2002; 150 v S 80, § 1, eff. 4-7-05.

 

Effect of Amendments

150 v S 80, effective April 7, 2005, in (B)(1), inserted "as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code". 


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