In re Anderson

566 N.E.2d 714, 57 Ohio Misc. 2d 31, 1989 Ohio Misc. LEXIS 19
CourtOhio Court of Claims
DecidedFebruary 27, 1989
DocketNo. V87-71851
StatusPublished
Cited by2 cases

This text of 566 N.E.2d 714 (In re Anderson) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anderson, 566 N.E.2d 714, 57 Ohio Misc. 2d 31, 1989 Ohio Misc. LEXIS 19 (Ohio Super. Ct. 1989).

Opinion

Fred J. Shoemaker, J.

This is an appeal from a majority opinion of the panel of commissioners reversing the decision of the single commissioner. The single commissioner denied the applicant’s reparations application. He decided that the applicant, David L. Anderson, had failed to report the alleged criminally injurious conduct to an appropriate law enforcement agency pursuant to R.C. 2743.60(A). He further stated:

“R.C. 2743.60(A) does not permit a victim to show good cause for never having reported the criminally injurious conduct. In re Hackett V86-50273 (7-17-87). To trigger the seventy-two hour provision, it must appear that a report was made within a reasonable time. In re Minadeo, V79-3435 (10-31-80).
“O.R.C. 2743.60(A) reads in pertinent part: [‘] An award of reparations shall not be made to a claimant if the criminally injurious conduct upon which he bases his claim was not reported to a law enforcement officer or agency within seventy-two hours after the occurrence of the conduct, unless it is determined that good cause existed for the failure to report the conduct within the seventy-two hour period.[’] ”

The applicant alleged that on January 13,1987, he was assaulted by some unidentified men at a bar. He never reported the incident to any appropriate enforcement agency because he did not know the identity of his assailants, and he did not know that the statute required the reporting of the criminal conduct, and because the pain from his broken nose was all-encompassing. On June 5, 1987, he filed a reparations application.

In reversing the decision of the single commissioner, the panel of commissioners stated:

“The single commissioner relied heavily upon the lack of a police report. However, we can find no language within R.C. 2743.60(A) that limits an applicant to reporting only to a police department. In fact, the statutory language indicates a report to any law enforcement officer or agency is sufficient under R.C. 2743.60(A).
“Pursuant to that end, we find the applicant to have reported the incident to a law enforcement agency when his reparations application was forwarded to the Attorney General’s office. R.C. 109.02 explicitly states that, ‘[t]he Attorney General is the chief law officer for the state * * *.’ Additionally, we find the report to the Attorney General’s office to be timely made.under the reasonableness standard enunciated in In re Minadeo since the appli[32]*32cant filed his reparations application on June 5, 1987, less than five months after the criminally injurious conduct. Thus we find the reporting requirement of R.C. 2743.60(A) has been fulfilled.” (Emphasis sic.)

R.C. 2901.01(K) defines “law enforcement officer” as:

“(1) A sheriff, deputy sheriff, constable, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrolman;
“(2) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority;
“(3) A mayor, in his capacity as chief conservator of the peace within his municipal corporation;
“(4) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of such member’s appointment or commission;
“(5) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when such person is called;
“(6) A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolman or officer during riot or emergency, for the purposes and during the time when such person is appointed;
“(7) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
“(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;
“(9) An Ohio veterans’ home policeman appointed under section 5907.02 of the Revised Code.”

The panel of commissioners determined that the applicant “reported the incident to a law enforcement agency when his reparations application was forwarded to the Attorney General’s office because R.C. 109.02 explicitly states that “[t]he Attorney General is the chief law officer for the state * * *

The court finds such conclusion is both unreasonable and unlawful. Such an interpretation would completely destroy the intent of the legislature to require prompt notification of criminally injurious conduct. If the filing of a reparations application constituted the reporting of the criminally injurious conduct to an appropriate law enforcement officer, R.C. 2743.60(A) would be unnecessary.

The purpose of the Victims of Crime Act is to reimburse innocent victims of crime for economic loss incurred as the result of criminal conduct. R.C. 2743.58 and 2743.59 require the Attorney General to fully investigate each claim and to make written findings of fact and recommendations concerning awards of reparations. R.C. 2743.58(A) states:

“The clerk of the court of claims shall send a copy of the application to the attorney general. Upon receipt of the copy of the application, the attorney general shall contact the prosecuting attorney of the county in which the criminally injurious conduct occurred and the law enforcement agency that actively investigated the criminally injurious conduct, and request that they provide information on the criminally injurious conduct and related matters. The prosecuting attorney and any officer or employee of the office of [33]*33the prosecuting attorney or of the law enforcement agency shall be immune from any civil liability that might otherwise be incurred as the result of providing information on the criminally injurious conduct and related matters to the attorney general.” (Emphasis added.)

If the legislature had intended for the Attorney General to receive reports of criminally injurious conduct, it would have been unnecessary for the drafters to require the Attorney General to contact “the law enforcement agency that actively investigated the criminally injurious conduct.”

The purpose for the reporting requirement of R.C. 2743.60(A) is to ensure that criminally injurious conduct did indeed occur. It is necessary for the Attorney General to independently investigate and to verify every claim. Without this thorough investigation, the interests of justice would not be served. The panel of commissioners’ conclusion that the mere filing of a reparations application fulfilled the statutory reporting requirement would undermine the entire purpose of the Act.

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Cite This Page — Counsel Stack

Bluebook (online)
566 N.E.2d 714, 57 Ohio Misc. 2d 31, 1989 Ohio Misc. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anderson-ohioctcl-1989.