As Reported by the Senate Criminal Justice Committee

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 207

Senators Patton, Manning 

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A BILL

To amend sections 2105.06, 2937.02, 3107.07,

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3109.042, and 3111.04 and to enact sections

2

2105.062, 3109.50, 3109.501, 3109.502, 3109.503,

3

3109.504, 3109.505, 3109.506, and 3109.507 of the

4

Revised Code regarding the parental rights of a

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person who was convicted of or pleaded guilty to

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rape or sexual battery.

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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

(1)(a) Medicaid;

361

(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