SB 53

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  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. 53  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. 53  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. 53  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. 53  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. 53  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. 53  Page 7
As Introduced
       Section 2. That existing section 2307.70 of the Revised  166
Code is hereby repealed.  167