Bill Text: OH HB95 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To prohibit a court from ordering a statutory change of name for a person who has committed identity fraud or who must register under the SORN Law for having committed a sexually oriented offense or child-victim oriented offense.

Spectrum: Slight Partisan Bill (Democrat 45-28)

Status: (Engrossed - Dead) 2009-05-28 - To Judiciary Criminal Justice [HB95 Detail]

Download: Ohio-2009-HB95-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. H. B. No. 95

Representative Skindell 

Cosponsors: Representatives Murray, Evans, Letson, Ujvagi, Phillips, Luckie, Harris, Yuko, DeGeeter, Williams, S., Boyd, Hagan, Stewart, Domenick, Harwood, Bolon, Chandler, Koziura, Okey, Dolan, Bacon, Bubp, Celeste, Coley, Blessing, Amstutz, Belcher, Book, Boose, Burke, Carney, Combs, Daniels, DeBose, Dodd, Driehaus, Dyer, Fende, Foley, Gardner, Garland, Garrison, Gerberry, Goyal, Grossman, Hackett, Heard, Hite, Hottinger, Jones, Maag, Mallory, Mandel, Martin, Mecklenborg, Moran, Newcomb, Oelslager, Otterman, Patten, Pryor, Ruhl, Sayre, Sears, Slesnick, Snitchler, Uecker, Weddington, Williams, B., Winburn, Yates, Zehringer 

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A BILL

To amend section 2717.01 of the Revised Code to

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prohibit a court from ordering a statutory change

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of name for a person who has committed identity

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fraud or who must register under the SORN Law for

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having committed a sexually oriented offense or

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child-victim oriented offense.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2717.01 of the Revised Code be	7
amended to read as follows:	8

Sec. 2717.01.  (A) A person desiring a change of name may	9
file an application in the probate court of the county in which	10
the person resides. The application shall set forth that the	11
applicant has been a bona fide resident of that county for at	12
least one year prior to the filing of the application, the cause	13
for which the change of name is sought, and the requested new	14
name. The application shall require the applicant to state whether	15
the applicant has been convicted of, pleaded guilty to, or been	16
adjudicated a delinquent child for identity fraud or has a duty to	17
comply with section 2950.04 or 2950.041 of the Revised Code	18
because the applicant was convicted of, pleaded guilty to, or was	19
adjudicated a delinquent child for having committed a sexually	20
oriented offense or a child-victim oriented offense.	21

Notice of the application shall be given once by publication	22
in a newspaper of general circulation in the county at least	23
thirty days before the hearing on the application. The notice	24
shall set forth the court in which the application was filed, the	25
case number, and the date and time of the hearing.	26

UponExcept as provided by division (C) of this section, upon	27
proof that proper notice was given and that the facts set forth in	28
the application show reasonable and proper cause for changing the	29
name of the applicant, the court may order the change of name.	30

(B) An application for change of name may be made on behalf	31
of a minor by either of the minor's parents, a legal guardian, or	32
a guardian ad litem. When application is made on behalf of a	33
minor, in addition to the notice and proof required pursuant to	34
division (A) of this section, the consent of both living, legal	35
parents of the minor shall be filed, or notice of the hearing	36
shall be given to the parent or parents not consenting by	37
certified mail, return receipt requested. If there is no known	38
father of the minor, the notice shall be given to the person who	39
the mother of the minor alleges to be the father. If no father is	40
so alleged, or if either parent or the address of either parent is	41
unknown, notice pursuant to division (A) of this section shall be	42
sufficient as to the father or parent.	43

Any additional notice required by this division may be waived	44
in writing by any person entitled to the notice.	45

(C)(1) The court shall not order a change of name under	46
division (A) of this section if the person applying for a change	47
of name or for whom the application for a change of name is made	48
has a duty to comply with section 2950.04 or 2950.041 of the	49
Revised Code because the applicant or the person on whose behalf	50
the application for a change of name is made was convicted of,	51
pleaded guilty to, or was adjudicated a delinquent child for	52
having committed a sexually oriented offense or a child-victim	53
oriented offense.	54

(2) The court shall not order a change of name under division	55
(A) of this section if the person applying for a change of name or	56
for whom the application for a change of name is made has pleaded	57
guilty to, been convicted of, or been adjudicated a delinquent	58
child for committing a violation of section 2913.49 of the Revised	59
Code unless the guilty plea, conviction, or adjudication has been	60
reversed on appeal.	61

(3) As used in this division, "sexually oriented offense" and	62
"child-victim oriented offense" have the same meanings as in	63
section 2950.01 of the Revised Code.	64

Section 2. That existing section 2717.01 of the Revised Code	65
is hereby repealed.	66