Ohio § 2969.12

§ 2969.12.

(A) The clerk of the court of claims shall administer the crime victims recovery fund

and shall maintain in the fund in the name of each offender a separate account for

money received, or money received from the sale or other disposition of property,

pursuant to section 2929.32 of the Revised Code in connection with that offender.  The clerk shall distribute the money in that separate account in accordance with

division (C) of this section. (B) Notwithstanding a contrary provision of any section of the Revised Code that deals

with the limitation of actions, a victim of an offense committed by an offender in

whose name a separate account is maintained in the crime victims recovery fund may

bring a civil action against the offender or the representatives of the offender at

any time within three years after the establishment of the separate account. In order to recover from a separate account maintained in the fund in the name of

an offender, a victim of that offender shall do all of the following: (1) Within the three-year period or, if the action was initiated before the separate

account was established, within ninety days after the separate account is established,

notify the clerk of the court of claims that a civil action has been brought against

the offender or the representatives of the offender; (2) Notify the clerk of the court of claims of the entry of any judgment in the civil

action; (3) Within ninety days after the judgment in the civil action is final or, if the judgment

was obtained before the separate account was established, within ninety days after

the separate account is established, request the clerk of the court of claims to pay

from the separate account the judgment that the victim is awarded in the civil action. If a civil action is brought against an offender or the representatives of the offender

after the expiration of the statute of limitations that would apply to the civil action

but for this division, the court shall state in a judgment in favor of the victim

that the judgment may be enforced only against the separate account maintained in

the name of that offender in the crime victims recovery fund. (C)(1) The clerk of the court of claims shall not make a payment from the separate account

maintained in the name of an offender in the crime victims recovery fund to a victim

of the offender until the expiration of the later of the following periods: (a) The expiration of three years after the establishment of the separate account, provided

that no action of which the clerk was notified under division (B)(1) of this section

is pending; (b) If three years has elapsed since the establishment of the separate account and if

one or more actions of which the clerk was notified under division (B)(1) of this

section is pending at the expiration of that three-year period, the date of the final

disposition of the last of those pending actions. (2) Upon the expiration of the applicable period of time set forth in division (C)(1)

of this section, the clerk of the court of claims shall make payments from the separate

account maintained in the name of the offender in the crime victims recovery fund

to the victims of the offender who obtained a judgment against the offender or the

representatives of the offender for damages resulting from the offense committed by

the offender.  The payments shall be made as provided in this division. When a separate account is maintained in the name of an offender in the crime victims

recovery fund, the clerk of the court of claims shall determine on the second day

of January and the first day of April, July, and October of each year the amount of

money in that separate account.  After the expiration of the applicable period of time set forth in division (C)(1)

of this section, the clerk shall pay from that separate account any judgment for which

a victim of that offender has requested payment pursuant to division (B)(3) of this

section and has requested payment prior to the date of the most recent quarterly determination

described in this division.  If at a time that payments would be made from that separate account there are insufficient

funds in that separate account to pay all of the applicable judgments against the

offender or the representatives of the offender, the clerk of the court of claims

shall pay the judgments on a pro rata basis.