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Bill Title: Regarding the parental rights of a person who was convicted of or pleaded guilty to rape or sexual battery.
Spectrum: Slight Partisan Bill (Republican 59-30)
Status: (Passed) 2014-12-19 - Governor' Action
[SB207 Detail]Download: Ohio-2013-SB207-Comm_Sub.html
As Reported by the Senate Criminal Justice Committee
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
| To amend sections 2105.06, 2937.02, 3107.07, | 1 |
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3109.042, and 3111.04 and to enact sections | 2 |
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2105.062, 3109.50, 3109.501, 3109.502, 3109.503, | 3 |
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3109.504, 3109.505, 3109.506, and 3109.507 of the | 4 |
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Revised Code regarding the parental rights of a | 5 |
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person who was convicted of or pleaded guilty to | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2105.06, 2937.02, 3107.07, | 8 |
3109.042, and 3111.04 be amended and sections 2105.062, 3109.50, | 9 |
3109.501, 3109.502, 3109.503, 3109.504, 3109.505, 3109.506, and | 10 |
3109.507 of the Revised Code be enacted to read as follows: | 11 |
Sec. 2105.06. When a person dies intestate having title or | 12 |
right to any personal property, or to any real property or | 13 |
inheritance, in this state, the personal property shall be | 14 |
distributed, and the real property or inheritance shall descend | 15 |
and pass in parcenary, except as otherwise provided by law, in the | 16 |
following course: | 17 |
(A) If there is no surviving spouse, to the children of the | 18 |
intestate or their lineal descendants, per stirpes; | 19 |
(B) If there is a spouse and one or more children of the | 20 |
decedent or their lineal descendants surviving, and all of the | 21 |
decedent's children who survive or have lineal descendants | 22 |
surviving also are children of the surviving spouse, then the | 23 |
whole to the surviving spouse; | 24 |
(C) If there is a spouse and one child of the decedent or the | 25 |
child's lineal descendants surviving and the surviving spouse is | 26 |
not the natural or adoptive parent of the decedent's child, the | 27 |
first twenty thousand dollars plus one-half of the balance of the | 28 |
intestate estate to the spouse and the remainder to the child or | 29 |
the child's lineal descendants, per stirpes; | 30 |
(D) If there is a spouse and more than one child or their | 31 |
lineal descendants surviving, the first sixty thousand dollars if | 32 |
the spouse is the natural or adoptive parent of one, but not all, | 33 |
of the children, or the first twenty thousand dollars if the | 34 |
spouse is the natural or adoptive parent of none of the children, | 35 |
plus one-third of the balance of the intestate estate to the | 36 |
spouse and the remainder to the children equally, or to the lineal | 37 |
descendants of any deceased child, per stirpes; | 38 |
(E) If there are no children or their lineal descendants, | 39 |
then the whole to the surviving spouse; | 40 |
(F) IfExcept as provided in section 2105.062 of the Revised | 41 |
Code, if there is no spouse and no children or their lineal | 42 |
descendants, to the parents of the intestate equally, or to the | 43 |
surviving parent; | 44 |
(G) IfExcept as provided in section 2105.062 of the Revised | 45 |
Code, if there is no spouse, no children or their lineal | 46 |
descendants, and no parent surviving, to the brothers and sisters, | 47 |
whether of the whole or of the half blood of the intestate, or | 48 |
their lineal descendants, per stirpes; | 49 |
(H) IfExcept as provided in section 2105.062 of the Revised | 50 |
Code, if there are no brothers or sisters or their lineal | 51 |
descendants, one-half to the paternal grandparents of the | 52 |
intestate equally, or to the survivor of them, and one-half to the | 53 |
maternal grandparents of the intestate equally, or to the survivor | 54 |
of them; | 55 |
(I) IfExcept as provided in section 2105.062 of the Revised | 56 |
Code, if there is no paternal grandparent or no maternal | 57 |
grandparent, one-half to the lineal descendants of the deceased | 58 |
grandparents, per stirpes; if there are no such lineal | 59 |
descendants, then to the surviving grandparents or their lineal | 60 |
descendants, per stirpes; if there are no surviving grandparents | 61 |
or their lineal descendants, then to the next of kin of the | 62 |
intestate, provided there shall be no representation among the | 63 |
next of kin; | 64 |
(J) If there are no next of kin, to stepchildren or their | 65 |
lineal descendants, per stirpes; | 66 |
(K) If there are no stepchildren or their lineal descendants, | 67 |
escheat to the state. | 68 |
Sec. 2105.062. As used in this section, "relative" includes a | 69 |
parent, grandparent, great-grandparent, stepparent, child, | 70 |
grandchild, aunt, uncle, cousin, sibling, and half sibling. | 71 |
The parent, or a relative of the parent, of a child who was | 72 |
conceived as the result of the parent's violation of section | 73 |
2907.02 or 2907.03 of the Revised Code shall not inherit the real | 74 |
property, personal property, or inheritance of the child or the | 75 |
child's lineal descendants as provided under section 2105.06 of | 76 |
the Revised Code. | 77 |
Sec. 2937.02. (A) When, after arrest, the accused is taken | 78 |
before a court or magistrate, or when the accused appears pursuant | 79 |
to terms of summons or notice, the affidavit or complaint being | 80 |
first filed, the court or magistrate shall, before proceeding | 81 |
further: | 82 |
(A)(1) Inform the accused of the nature of the charge against | 83 |
him and the identity of the complainant and permit the accused or | 84 |
his counsel for the accused to see and read the affidavit or | 85 |
complaint or a copy
thereofof the affidavit or complaint; | 86 |
(B)(2) Inform the accused of histhe right to have counsel | 87 |
and the right to a continuance in the proceedings to secure | 88 |
counsel; | 89 |
(C)(3) Inform the accused of the effect of pleas of guilty, | 90 |
not guilty, and no contest, of histhe right to trial by jury, and | 91 |
the necessity of making written demand thereforfor trial by jury; | 92 |
(D)(4) If the charge beis a felony, inform the accused of | 93 |
the nature and extent of possible punishment on conviction and of | 94 |
the right to preliminary hearing; | 95 |
(5) If the charge is a violation of section 2907.02 or | 96 |
2907.03 of the Revised Code, inform the accused that a conviction | 97 |
of or plea of guilty to the violation may result in the following: | 98 |
(a) In accordance with sections 3109.50 to 3109.507 of the | 99 |
Revised Code, the termination, denial, or limitation, as | 100 |
applicable, of the following: | 101 |
(i) The accused's parental rights with respect to a child | 102 |
conceived as a result of the violation; | 103 |
(ii) The rights of a relative of the accused with respect to | 104 |
a child conceived as a result of the violation. | 105 |
(b) The granting of a petition to adopt a child conceived as | 106 |
a result of the violation without the accused's consent as | 107 |
described in division (F) of section 3107.07 of the Revised Code; | 108 |
(c) The termination of the accused's, and the accused's | 109 |
relative's, eligibility to inherit from a child conceived as a | 110 |
result of the violation or the child's lineal descendants pursuant | 111 |
to section 2105.062 of the Revised Code. Such | 112 |
(B) The court or magistrate may give the information may be | 113 |
givenprovided pursuant to division (A) of this section to each | 114 |
accused individually, or, if at any time there exists any | 115 |
substantial number of defendants to be arraigned at the same | 116 |
session, the judge or magistrate may, by general announcement or | 117 |
by distribution of printed matter, advise all those accused | 118 |
concerning those rights general in their nature, and informing as | 119 |
to individual matters at arraignment. | 120 |
Sec. 3107.07. Consent to adoption is not required of any of | 121 |
the following: | 122 |
(A) A parent of a minor, when it is alleged in the adoption | 123 |
petition and the court, after proper service of notice and | 124 |
hearing, finds by clear and convincing evidence that the parent | 125 |
has failed without justifiable cause to provide more than de | 126 |
minimis contact with the minor or to provide for the maintenance | 127 |
and support of the minor as required by law or judicial decree for | 128 |
a period of at least one year immediately preceding either the | 129 |
filing of the adoption petition or the placement of the minor in | 130 |
the home of the petitioner. | 131 |
(B) The putative father of a minor if either of the following | 132 |
applies: | 133 |
(1) The putative father fails to register as the minor's | 134 |
putative father with the putative father registry established | 135 |
under section 3107.062 of the Revised Code not later than thirty | 136 |
days after the minor's birth; | 137 |
(2) The court finds, after proper service of notice and | 138 |
hearing, that any of the following are the case: | 139 |
(a) The putative father is not the father of the minor; | 140 |
(b) The putative father has willfully abandoned or failed to | 141 |
care for and support the minor; | 142 |
(c) The putative father has willfully abandoned the mother of | 143 |
the minor during her pregnancy and up to the time of her surrender | 144 |
of the minor, or the minor's placement in the home of the | 145 |
petitioner, whichever occurs first. | 146 |
(C) Except as provided in section 3107.071 of the Revised | 147 |
Code, a parent who has entered into a voluntary permanent custody | 148 |
surrender agreement under division (B) of section 5103.15 of the | 149 |
Revised Code; | 150 |
(D) A parent whose parental rights have been terminated by | 151 |
order of a juvenile court under Chapter 2151. of the Revised Code; | 152 |
(E) A parent who is married to the petitioner and supports | 153 |
the adoption; | 154 |
(F) The father, or putative father, or mother, of a minor if | 155 |
the minor is conceived as the result of the commission of rape or | 156 |
sexual battery by the father
or, putative father, or mother and | 157 |
the father or, putative father, or mother is convicted of or | 158 |
pleads guilty to the commission of that offense. As used in this | 159 |
division, "rape" means a violation of section 2907.02 of the | 160 |
Revised Code or a similar law of another state and "sexual | 161 |
battery" means a violation of section 2907.03 of the Revised Code | 162 |
or a similar law of another state. | 163 |
(G) A legal guardian or guardian ad litem of a parent | 164 |
judicially declared incompetent in a separate court proceeding who | 165 |
has failed to respond in writing to a request for consent, for a | 166 |
period of thirty days, or who, after examination of the written | 167 |
reasons for withholding consent, is found by the court to be | 168 |
withholding consent unreasonably; | 169 |
(H) Any legal guardian or lawful custodian of the person to | 170 |
be adopted, other than a parent, who has failed to respond in | 171 |
writing to a request for consent, for a period of thirty days, or | 172 |
who, after examination of the written reasons for withholding | 173 |
consent, is found by the court to be withholding consent | 174 |
unreasonably; | 175 |
(I) The spouse of the person to be adopted, if the failure of | 176 |
the spouse to consent to the adoption is found by the court to be | 177 |
by reason of prolonged unexplained absence, unavailability, | 178 |
incapacity, or circumstances that make it impossible or | 179 |
unreasonably difficult to obtain the consent or refusal of the | 180 |
spouse; | 181 |
(J) Any parent, legal guardian, or other lawful custodian in | 182 |
a foreign country, if the person to be adopted has been released | 183 |
for adoption pursuant to the laws of the country in which the | 184 |
person resides and the release of such person is in a form that | 185 |
satisfies the requirements of the immigration and naturalization | 186 |
service of the United States department of justice for purposes of | 187 |
immigration to the United States pursuant to section 101(b)(1)(F) | 188 |
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 | 189 |
U.S.C. 1101(b)(1)(F), as amended or reenacted. | 190 |
(K) Except as provided in divisions (G) and (H) of this | 191 |
section, a juvenile court, agency, or person given notice of the | 192 |
petition pursuant to division (A)(1) of section 3107.11 of the | 193 |
Revised Code that fails to file an objection to the petition | 194 |
within fourteen days after proof is filed pursuant to division (B) | 195 |
of that section that the notice was given; | 196 |
(L) Any guardian, custodian, or other party who has temporary | 197 |
custody of the child. | 198 |
Sec. 3109.042. (A) An unmarried female who gives birth to a | 199 |
child is the sole residential parent and legal custodian of the | 200 |
child until a court of competent jurisdiction issues an order | 201 |
designating another person as the residential parent and legal | 202 |
custodian. A court designating the residential parent and legal | 203 |
custodian of a child described in this section shall treat the | 204 |
mother and father as standing upon an equality when making the | 205 |
designation. | 206 |
(B) Notwithstanding division (A) of this section, an | 207 |
unmarried female who has been convicted of or pleaded guilty to | 208 |
rape or sexual battery and has been declared under section | 209 |
3109.501 of the Revised Code to be the parent of a child born as a | 210 |
result of rape or sexual battery shall not be a residential parent | 211 |
and legal custodian of that child. | 212 |
Sec. 3109.50. As used in sections 3109.501 to 3109.507 of | 213 |
the Revised Code: | 214 |
(A) "Parental rights" means parental rights and | 215 |
responsibilities, parenting time, or any other similar right | 216 |
established by the laws of this state with respect to a child. | 217 |
"Parental rights" does not include the parental duty of support | 218 |
for a child. | 219 |
(B) "Rape" means a violation of section 2907.02 of the | 220 |
Revised Code or similar law of another state. | 221 |
(C) "Sexual battery" means a violation of section 2907.03 of | 222 |
the Revised Code or similar law of another state. | 223 |
Sec. 3109.501. (A) Except as provided in division (C) and | 224 |
subject to division (D) of this section, a person who is the | 225 |
victim of rape or sexual battery for which a child was conceived | 226 |
as a result may bring an action to declare the person who was | 227 |
convicted of or pleaded guilty to the offense to be the parent of | 228 |
the child conceived as a result of rape or sexual battery | 229 |
committed by the other person. | 230 |
(B) In an action seeking a declaration described in division | 231 |
(A) of this section, a court may issue an order declaring that the | 232 |
other person is the parent of a child conceived as a result of | 233 |
rape or sexual battery committed by the other person if all of the | 234 |
following are established by clear and convincing evidence: | 235 |
(1) The other person was convicted of or pleaded guilty to | 236 |
the rape or sexual battery. | 237 |
(2) The person bringing the action was the victim of the rape | 238 |
or sexual battery. | 239 |
(3) The child was conceived as a result of the rape or sexual | 240 |
battery. | 241 |
(4) Both persons are the parents of the child established | 242 |
pursuant to genetic testing conducted in different places or at | 243 |
different times or as provided in Chapter 3111. of the Revised | 244 |
Code. | 245 |
(C) A person to whom the following apply may seek a | 246 |
declaration described in division (A) of this section only | 247 |
pursuant to a proceeding for divorce, dissolution, legal | 248 |
separation, or annulment: | 249 |
(1) The person is the victim of a rape or sexual battery for | 250 |
which a child was conceived as a result. | 251 |
(2) The person is married to the person who was convicted of | 252 |
or pleaded guilty to the rape or sexual battery. | 253 |
(D) An action seeking a declaration under division (A) of | 254 |
this section shall be filed in a court with jurisdiction over | 255 |
juvenile matters if the parents of the child are not married and | 256 |
in a court with jurisdiction over domestic relations matters, | 257 |
pursuant to a proceeding for divorce, dissolution, legal | 258 |
separation, or annulment, if the parents of the child are married. | 259 |
Sec. 3109.502. An action under section 3109.501 of the | 260 |
Revised Code shall be continued until the court renders a judgment | 261 |
and all appeals have been exhausted in the criminal proceedings | 262 |
regarding the charge of rape or sexual battery that is the basis | 263 |
of the action. On the final disposition of the criminal | 264 |
proceedings, the court shall do one of the following: | 265 |
(A) Proceed with the action if the person was convicted of or | 266 |
pleaded guilty to rape or sexual battery; | 267 |
(B) Dismiss the action if the person was acquitted of the | 268 |
charge of rape or sexual battery. | 269 |
Sec. 3109.503. (A) A person who brings an action under | 270 |
division (A) of section 3109.501 of the Revised Code seeking a | 271 |
declaration that another person is the parent of a child conceived | 272 |
as a result of rape or sexual battery committed by the other | 273 |
person shall notify the court in which the action is brought of | 274 |
any order previously issued by any court that grants the other | 275 |
person parental rights with respect to that child. The notice | 276 |
shall include the name of the court that issued the order, the | 277 |
date of issuance of the order, the name and number of the case in | 278 |
which the order was issued, the parental rights granted under the | 279 |
order, and the name of the person to whom the parental rights were | 280 |
granted. | 281 |
(B) A court that issues an order under section 3109.501 of | 282 |
the Revised Code declaring a person to be the parent of a child | 283 |
conceived as a result of rape or sexual battery committed by the | 284 |
person shall notify any court that has issued an order granting | 285 |
the person parental rights with respect to that child and that was | 286 |
identified in accordance with division (A) of this section by the | 287 |
person who brought the action. | 288 |
Sec. 3109.504. (A) No court shall issue an order granting | 289 |
parental rights with respect to a child to a person who has been | 290 |
convicted of or pleaded guilty to rape or sexual battery and has | 291 |
been declared, in an action or proceeding under section 3109.501 | 292 |
or 3109.505 of the Revised Code regarding that child, to be the | 293 |
parent of a child conceived as a result of rape or sexual battery | 294 |
committed by the person. | 295 |
(B) On receipt of a notice under section 3109.503 of the | 296 |
Revised Code, a court that has issued an order granting parental | 297 |
rights regarding the person and child addressed in the notice | 298 |
shall terminate the order. | 299 |
Sec. 3109.505. Any action described in section 3109.501 of | 300 |
the Revised Code may be consolidated with any action or proceeding | 301 |
for parental rights regarding a child conceived as a result of | 302 |
rape or sexual battery. | 303 |
Sec. 3109.506. A relative of a person whose parental rights | 304 |
with that person's child have been terminated, denied, or limited | 305 |
pursuant to sections 3109.50 to 3109.505 of the Revised Code may | 306 |
be granted only those rights consented to by the other parent of | 307 |
the child. | 308 |
Sec. 3109.507. (A) If a court issues an order under section | 309 |
3109.501 of the Revised Code declaring a person to be the parent | 310 |
of a child conceived as a result of rape or sexual battery | 311 |
committed by the person, no court shall revoke or modify the order | 312 |
or the resulting denial, termination, or limitation of the | 313 |
person's parental rights and the person's relatives' rights under | 314 |
sections 3109.50 to 3109.506 of the Revised Code, except upon | 315 |
motion of the victim of the rape or sexual battery requesting the | 316 |
revocation or modification. The motion shall be made in the court | 317 |
that issued the order under section 3109.501 of the Revised Code. | 318 |
(B) The denial, termination, or limitation of parental rights | 319 |
under sections 3109.50 to 3109.506 of the Revised Code does not | 320 |
relieve the person of any debts owed to the other parent or the | 321 |
child prior to the denial, termination, or limitation. | 322 |
Sec. 3111.04. (A) An(1) Except as provided in division | 323 |
(A)(2) of this section, an action to determine the existence or | 324 |
nonexistence of the father and child relationship may be brought | 325 |
by the child or the child's personal representative, the child's | 326 |
mother or her personal representative, a man alleged or alleging | 327 |
himself to be the child's father, the child support enforcement | 328 |
agency of the county in which the child resides if the child's | 329 |
mother, father, or alleged father is a recipient of public | 330 |
assistance or of services under Title IV-D of the "Social Security | 331 |
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the | 332 |
alleged father's personal representative. | 333 |
(2) A man alleged or alleging himself to be the child's | 334 |
father is not eligible to file an action under division (A)(1) of | 335 |
this section if the man was convicted of or pleaded guilty to rape | 336 |
or sexual battery, the victim of the rape or sexual battery was | 337 |
the child's mother, and the child was conceived as a result of the | 338 |
rape or sexual battery. | 339 |
(B) An agreement does not bar an action under this section. | 340 |
(C) If an action under this section is brought before the | 341 |
birth of the child and if the action is contested, all | 342 |
proceedings, except service of process and the taking of | 343 |
depositions to perpetuate testimony, may be stayed until after the | 344 |
birth. | 345 |
(D) A recipient of public assistance or of services under | 346 |
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 347 |
U.S.C.A. 651, as amended, shall cooperate with the child support | 348 |
enforcement agency of the county in which a child resides to | 349 |
obtain an administrative determination pursuant to sections | 350 |
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 351 |
determination pursuant to sections 3111.01 to 3111.18 of the | 352 |
Revised Code, of the existence or nonexistence of a parent and | 353 |
child relationship between the father and the child. If the | 354 |
recipient fails to cooperate, the agency may commence an action to | 355 |
determine the existence or nonexistence of a parent and child | 356 |
relationship between the father and the child pursuant to sections | 357 |
3111.01 to 3111.18 of the Revised Code. | 358 |
(E) As used in this section, "public: | 359 |
(1) "Public assistance" means all of the following: | 360 |
(2)(b) Ohio works first under Chapter 5107. of the Revised | 362 |
Code; | 363 |
(3)(c) Disability financial assistance under Chapter 5115. of | 364 |
the Revised Code. | 365 |
(2) "Rape" means a violation of section 2907.02 of the | 366 |
Revised Code or similar law of another state. | 367 |
(3) "Sexual battery" means a violation of section 2907.03 of | 368 |
the Revised Code or similar law of another state. | 369 |
Section 2. That existing sections 2105.06, 2937.02, 3107.07, | 370 |
3109.042, and 3111.04 of the Revised Code are hereby repealed. | 371 |