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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 53
2025-2026
Senator Schaffer
Cosponsors: Senators O'Brien, Wilkin
A
BILL
To
amend
section
2307.70
and to enact section 309.081 of the Revised Code
regarding
civil actions by persons who suffer injury or loss due to vandalism
or riot activity.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
2307.70
be amended and section 309.081 of the Revised Code be enacted to read
as follows:
Sec.
309.081.
It
is the intent of the General Assembly to encourage prosecution of
activities committed in violation of section 2909.05, 2917.02, or
2917.03 of the Revised Code.
Sec.
2307.70.
(A)
(A)(1)
Any person who suffers injury or loss to person or property as a
result of an act committed in violation of section
2909.05,
2927.11
,
or 2927.12 of the Revised Code has a civil action against the
offender and may recover in that action full compensatory damages,
including, but not limited to, damages for emotional distress, and
may recover punitive or exemplary damages, court costs, other
reasonable expenses incurred in maintaining that action, and the
reasonable attorney's fees incurred in maintaining that action.
(2)(a)
Any person who suffers injury or loss to person or property as a
result of an act committed in violation of section 2909.05, 2917.02,
or 2917.03 of the Revised Code has a civil action against any
offender who committed the violation and against any person or
organization who provided material support or resources with the
intent that the material support or resources would be used to
perpetuate the offense. In the action, the person may obtain an order
requiring the offender to fix or repair damage to property that was
suffered by the person and may recover other damages, as described in
divisions (A)(2)(b) and (c) of this section.
(b)(i)
In a civil action brought against an offender under division
(A)(2)(a) of this section, if the person who brings the action proves
that the offender's conduct in violation of section 2909.05, 2917.02,
or 2917.03 of the Revised Code or that the conduct of any person in
violation of any of those sections that occurred at the same time as,
was part of a common scheme or plan with, or was part of a course of
criminal conduct with, the offender's violation of any of those
sections was a proximate cause of damage to property that was
suffered by the person, there is a presumption that the offender
shall be required to fix or repair damage to property that occurred
as a proximate result of that conduct, in either the manner described
in division (A)(2)(d)(i) of this section or the manner described in
division (A)(2)(d)(ii) of this section. The presumption applies with
respect to each item of property that suffered damage as a proximate
result of that conduct.
(ii)
The presumption described in division (A)(2)(b)(i) of this section
does not apply with respect to a particular item of property, and the
court shall not issue an order requiring the offender against whom
the civil action is brought to fix or repair damage to that item of
property that occurred as a proximate result of the conduct described
in that division, if the offender proves by clear and convincing
evidence that the offender did not personally engage in conduct in
violation of section 2909.05, 2917.02, or 2917.03 of the Revised Code
that was a proximate cause of the damage to that item of property.
(iii)
When the presumption described in division (A)(2)(b)(i) of this
section applies, the court shall issue an order requiring the
offender against whom the civil action is brought to fix or repair
the damage to property that occurred as a proximate result of the
conduct described in that division, in either the manner described in
division (A)(2)(d)(i) of this section or the manner described in
division (A)(2)(d)(ii) of this section, as determined by the court.
(c)
In a civil action brought under division (A)(2)(a) of this section,
in addition to obtaining an order as described in division (A)(2)(b)
of this section requiring the offender against whom the action is
brought to fix or repair the damage to property that occurred as a
proximate result of conduct described in division (A)(2)(b)(i) of
this section, if applicable, the person who brings the action may
recover in the action full compensatory damages, including damages
for emotional distress, and may recover court costs, other reasonable
expenses incurred in maintaining that action, and the reasonable
attorney's fees incurred in maintaining that action.
(d)
As used in division (A)(2) of this section:
(i)
"Fix or repair damage to property" or "fix or repair
the damage to property" that occurred as a proximate result of
conduct described in division (A)(2)(b)(i) of this section means
either of the following, as ordered by the court:
(I)
The offender to whom an order issued under that division applies
personally fixes or repairs the damage to the property that occurred
as a proximate result of the conduct, to the extent practicable;
(II)
The offender to whom an order issued under that division applies pays
the cost of fixing or repairing damage to the property that occurred
as a proximate result of the conduct.
(ii)
"Material support or resources" has the same meaning as in
section 2909.21 of the Revised Code.
(B)(1)
Any person who suffers injury or loss to person or property as a
result of an act committed in violation of section 2909.05, 2927.11,
or 2927.12 of the Revised Code by a minor child has a civil action
against the parent of the minor child and may recover in that action
compensatory damages not to exceed fifteen thousand dollars, court
costs, other reasonable expenses incurred in maintaining that action,
and reasonable attorney's fees incurred in maintaining that action. A
parent and the parent's minor child are jointly and severally liable
as specified in this division for the injury or loss to person or
property caused by the minor child's act committed in violation of
section 2909.05, 2927.11, or 2927.12 of the Revised Code. If a person
recovers compensatory damages from a parent of a minor child pursuant
to this division, that recovery does not preclude the person from
maintaining a civil action against the minor child pursuant to
division (A) of this section.
(2)
As used in division (B) of this section:
(a)
"Minor child" means a person who is under eighteen years of
age and who is not married at the time of the commission of an act in
violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code
that gives rise to a civil action under division (B) of this section.
(b)
"Parent" has the same meaning as in section 3109.09 of the
Revised Code.
(C)
(C)(1)
No government official with authority over any law enforcement agency
or peace officers shall do any of the following:
(a)
Limit or restrict the authority of the agency to have its peace
officers, or certain designated peace officers of the agency, arrest
or detain individuals involved in a riot or vandalism activity or
take action to quell a riot or vandalism activity;
(b)
Limit or restrict the authority of the officers, or certain
designated officers, to arrest or detain individuals involved in a
riot or vandalism activity or to take action to quell a riot or
vandalism activity.
(2)
No government official, law enforcement agency, or peace officer
shall discharge, demote, reassign, or take any punitive action
against any employee because the employee made a charge, testified,
assisted, or participated in any manner in any investigation,
proceeding, or hearing regarding a violation of division (C)(1) of
this section.
(3)
As used in division (C) of this section:
(a)
"Government entity" means this state, a state agency as
defined in section 1.60 of the Revised Code, a political subdivision,
or any entity of local government.
(b)
"Government official" means any elected or appointed
officer, employee, or agent of a government entity, other than a
peace officer, whether in a temporary or permanent capacity.
(c)
"Law enforcement agency" means a government entity that
employs peace officers to perform law enforcement duties.
(d)
"Peace officer" has the same meaning as in section 2921.51
of the Revised Code.
(e)
"Riot or vandalism activity" means any conduct that is in
violation of section 2909.05, 2917.02, or 2917.03 of the Revised Code
or in violation of any ordinance of a municipal corporation that is
substantially equivalent to any of those sections.
(D)
The monetary limitation upon compensatory damages set forth in
section 3109.09 or 3109.10 of the Revised Code does not apply to a
civil action brought pursuant to division (A)
or
,
(B)
,
or (C)
of this section.
(D)
(E)
A civil action may be maintained under division (A)
or
,
(B)
,
or (C)
of this section whether or not the person who committed an act in
violation of section 2909.05,
2917.02,
2917.03,
2927.11,
or 2927.12 of the Revised Code has been charged by an indictment,
information, or complaint with a violation of any of those sections,
has been convicted of or pleaded guilty to a violation of any of
those sections, has been charged by a complaint with being a
delinquent child for committing an act that is a violation of any of
those sections, or has been adjudicated a delinquent child for having
committed an act of that nature.
(E)
(F)
No record of conviction, unless obtained by confession in open court,
or delinquent child adjudication shall be used as evidence in a civil
action brought pursuant to division (A)
or
,
(B)
,
or (C)
of this section.
Section
2.
That
existing
section
2307.70
of the Revised Code
is
hereby
repealed.