Regarding Civil Actions for Injury or Loss Due to Vandalism or Riot Activity
I. Introduction
This briefing document summarizes the key provisions and main themes of Ohio Senate Bill 53 (S.B. 53), as introduced in the 136th General Assembly. The bill proposes to amend section 2307.70 and enact section 309.081 of the Ohio Revised Code, focusing on civil actions for individuals and entities suffering injury or loss as a result of vandalism or riot activity.
II. Main Themes and Key Provisions
S.B. 53 introduces several significant changes and additions to Ohio law concerning civil liability related to vandalism and riot activity. The primary themes and key provisions are outlined below:
A. Expansion of Civil Action Against Offenders:
- The bill amends existing section 2307.70 to broaden the scope of civil actions.
- It explicitly states that individuals suffering injury or loss due to acts violating specific sections of the Revised Code related to vandalism (2909.05), riot (2917.02), or aggravated riot (2917.03) have a civil action against the offender.
- This action allows for the recovery of “full compensatory damages, including, but not limited to, damages for emotional distress,” as well as “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.”
B. Liability of Those Providing Material Support:
- A significant addition is the creation of civil liability for individuals or organizations providing “material support or resources” with the intent that such support would be used to perpetuate the vandalism or riot offense.
- Victims can bring a civil action against both the offender and those who provided material support.
- The definition of “material support or resources” is explicitly linked to section 2909.21 of the Revised Code.
C. Presumption for Repair of Property Damage:
- S.B. 53 introduces a presumption that an offender in a civil action will be required to “fix or repair damage to property” if the damage was proximately caused by their violation of relevant sections or by the conduct of others acting in concert with them during the same event.
- This presumption can be overcome if the offender proves by “clear and convincing evidence” that they did not personally engage in the conduct that proximately caused the damage.
- The court will determine whether the offender personally fixes the damage or pays the cost of repair.
D. Civil Action Against Parents of Minor Children:
- The bill retains and modifies the provision allowing civil action against parents of minor children who commit acts of vandalism under specific sections (2909.05, 2927.11, 2927.12).
- The recoverable compensatory damages from parents are capped at fifteen thousand dollars, in addition to court costs and attorney’s fees.
- The bill clarifies that recovery from a parent does not preclude a separate civil action against the minor child.
- The definition of “minor child” and “parent” are referenced to existing sections of the Revised Code.
- Notably, the bill explicitly states that the monetary limitations on parental liability found in sections 3109.09 or 3109.10 do not apply to actions brought under this section or the sections concerning direct offenders and material supporters.
E. Protection of Law Enforcement Authority:
- A new section, 309.081, expresses 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.”
- The bill explicitly prohibits government officials with authority over law enforcement agencies or peace officers from limiting or restricting the authority of the agency or its officers to arrest or detain individuals involved in “riot or vandalism activity” or to take action to quell such activity.
- It also protects employees of government entities, law enforcement agencies, or peace officers from punitive action for reporting or participating in investigations, proceedings, or hearings related to violations of these restrictions on law enforcement authority.
- “Riot or vandalism activity” is defined broadly to include violations of the specified Ohio Revised Code sections or substantially equivalent municipal ordinances.
F. Civil Action Independent of Criminal Prosecution:
- S.B. 53 explicitly states that a civil action can be maintained regardless of whether the offender has been charged, convicted, pleaded guilty, or adjudicated delinquent for the underlying criminal offense.
- However, “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.”
III. Important Ideas and Facts
- Emphasis on Accountability: The bill aims to increase accountability for individuals and organizations involved in vandalism and riot activity by expanding civil liability and providing avenues for victims to seek compensation and remediation.
- Support for Prosecution: The inclusion of section 309.081 signals legislative support for the prosecution of vandalism and riot-related offenses.
- Protection of Law Enforcement Discretion: The provisions in division (C) appear to be intended to prevent political interference with law enforcement’s response to riots and vandalism.
- Broad Definition of Riot and Vandalism Activity: The bill uses existing Ohio criminal statutes to define the scope of activities that can give rise to civil actions under this law, and includes substantially equivalent municipal ordinances.
- Shifting the Burden of Proof (Limited): The presumption for property repair places a burden on the defendant to prove they were not personally involved in the damage-causing conduct.
IV. Quotes from the Original Source
- Regarding the intent to encourage prosecution: “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. 309.081)
- On the scope of damages recoverable: “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.” (Sec. 2307.70(A)(1))
- Defining liability for material support: “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.” (Sec. 2307.70(A)(2)(a))
- On the presumption of property repair: “…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…” (Sec. 2307.70(A)(2)(b)(i))
- Prohibiting limitations on law enforcement authority: “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…” (Sec. 2307.70(C)(1))
V. Conclusion
Ohio Senate Bill 53 represents a significant legislative effort to empower individuals and entities harmed by vandalism and riot activity by expanding their ability to pursue civil remedies. It also aims to ensure that law enforcement agencies retain the authority necessary to address such incidents effectively. The bill introduces new avenues of liability, including for those providing material support, and creates a presumption for the repair of damaged property. The outcome of this bill in the legislative process will be important for understanding the legal landscape surrounding civil actions related to these types of events in Ohio.