As Introduced
136th General Assembly
Regular Session S. B. No. 53
2025-2026
Senator Schaffer
Cosponsors: Senators O'Brien, Wilkin
A B I LL
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.
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(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
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As Introduced
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:
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(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,
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As Introduced
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
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As Introduced
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.
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As Introduced
Section 2. That existing section 2307.70 of the Revised
Code is hereby repealed.
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