Bill Text: OH SB207 | 2013-2014 | 130th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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-Introduced.html
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Senators Patton, Manning
To amend sections 2105.06, 2937.02, 3107.07, and | 1 |
3109.042 and to enact sections 2105.062, 3109.50, | 2 |
3109.501, 3109.502, 3109.503, 3109.504, 3109.505, | 3 |
3109.506, 3109.507, and 3109.508 of the Revised | 4 |
Code regarding the parental rights of a person who | 5 |
was convicted of, or pleaded guilty to, rape or | 6 |
sexual battery. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2105.06, 2937.02, 3107.07, and | 8 |
3109.042 be amended and sections 2105.062, 3109.50, 3109.501, | 9 |
3109.502, 3109.503, 3109.504, 3109.505, 3109.506, 3109.507, and | 10 |
3109.508 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) | 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) | 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) | 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) | 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 |
| 83 |
84 | |
85 | |
complaint or a copy
| 86 |
| 87 |
and the right to a continuance in the proceedings to secure | 88 |
counsel; | 89 |
| 90 |
not guilty, and no contest, of | 91 |
the necessity of making written demand | 92 |
| 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 3109.508 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 accused's parental rights with respect to a child of | 104 |
the accused and alleged victim of the violation who was not | 105 |
conceived as a result of the violation; | 106 |
(iii) The rights of a relative of the accused with respect to | 107 |
a child conceived as a result of the violation; | 108 |
(b) The granting of a petition to adopt a child conceived as | 109 |
a result of the violation without the accused's consent as | 110 |
described in division (F) of section 3107.07 of the Revised Code; | 111 |
(c) The termination of the accused's, and the accused's | 112 |
relative's, eligibility to inherit from a child conceived as a | 113 |
result of the violation or the child's lineal descendants pursuant | 114 |
to section 2105.062 of the Revised Code. | 115 |
(B) The court or magistrate may give the information | 116 |
117 | |
accused individually, or, if at any time there exists any | 118 |
substantial number of defendants to be arraigned at the same | 119 |
session, the judge or magistrate may, by general announcement or | 120 |
by distribution of printed matter, advise all those accused | 121 |
concerning those rights general in their nature | 122 |
to individual matters at arraignment. | 123 |
Sec. 3107.07. Consent to adoption is not required of any of | 124 |
the following: | 125 |
(A) A parent of a minor, when it is alleged in the adoption | 126 |
petition and the court, after proper service of notice and | 127 |
hearing, finds by clear and convincing evidence that the parent | 128 |
has failed without justifiable cause to provide more than de | 129 |
minimis contact with the minor or to provide for the maintenance | 130 |
and support of the minor as required by law or judicial decree for | 131 |
a period of at least one year immediately preceding either the | 132 |
filing of the adoption petition or the placement of the minor in | 133 |
the home of the petitioner. | 134 |
(B) The putative father of a minor if either of the following | 135 |
applies: | 136 |
(1) The putative father fails to register as the minor's | 137 |
putative father with the putative father registry established | 138 |
under section 3107.062 of the Revised Code not later than thirty | 139 |
days after the minor's birth; | 140 |
(2) The court finds, after proper service of notice and | 141 |
hearing, that any of the following are the case: | 142 |
(a) The putative father is not the father of the minor; | 143 |
(b) The putative father has willfully abandoned or failed to | 144 |
care for and support the minor; | 145 |
(c) The putative father has willfully abandoned the mother of | 146 |
the minor during her pregnancy and up to the time of her surrender | 147 |
of the minor, or the minor's placement in the home of the | 148 |
petitioner, whichever occurs first. | 149 |
(C) Except as provided in section 3107.071 of the Revised | 150 |
Code, a parent who has entered into a voluntary permanent custody | 151 |
surrender agreement under division (B) of section 5103.15 of the | 152 |
Revised Code; | 153 |
(D) A parent whose parental rights have been terminated by | 154 |
order of a juvenile court under Chapter 2151. of the Revised Code; | 155 |
(E) A parent who is married to the petitioner and supports | 156 |
the adoption; | 157 |
(F) The father, | 158 |
the minor is conceived as the result of the commission of rape or | 159 |
sexual battery by the father
| 160 |
the father | 161 |
pleads guilty to the commission of that offense. As used in this | 162 |
division, "rape" means a violation of section 2907.02 of the | 163 |
Revised Code or a similar law of another state and "sexual | 164 |
battery" means a violation of section 2907.03 of the Revised Code | 165 |
or a similar law of another state. | 166 |
(G) A legal guardian or guardian ad litem of a parent | 167 |
judicially declared incompetent in a separate court proceeding who | 168 |
has failed to respond in writing to a request for consent, for a | 169 |
period of thirty days, or who, after examination of the written | 170 |
reasons for withholding consent, is found by the court to be | 171 |
withholding consent unreasonably; | 172 |
(H) Any legal guardian or lawful custodian of the person to | 173 |
be adopted, other than a parent, who has failed to respond in | 174 |
writing to a request for consent, for a period of thirty days, or | 175 |
who, after examination of the written reasons for withholding | 176 |
consent, is found by the court to be withholding consent | 177 |
unreasonably; | 178 |
(I) The spouse of the person to be adopted, if the failure of | 179 |
the spouse to consent to the adoption is found by the court to be | 180 |
by reason of prolonged unexplained absence, unavailability, | 181 |
incapacity, or circumstances that make it impossible or | 182 |
unreasonably difficult to obtain the consent or refusal of the | 183 |
spouse; | 184 |
(J) Any parent, legal guardian, or other lawful custodian in | 185 |
a foreign country, if the person to be adopted has been released | 186 |
for adoption pursuant to the laws of the country in which the | 187 |
person resides and the release of such person is in a form that | 188 |
satisfies the requirements of the immigration and naturalization | 189 |
service of the United States department of justice for purposes of | 190 |
immigration to the United States pursuant to section 101(b)(1)(F) | 191 |
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 | 192 |
U.S.C. 1101(b)(1)(F), as amended or reenacted. | 193 |
(K) Except as provided in divisions (G) and (H) of this | 194 |
section, a juvenile court, agency, or person given notice of the | 195 |
petition pursuant to division (A)(1) of section 3107.11 of the | 196 |
Revised Code that fails to file an objection to the petition | 197 |
within fourteen days after proof is filed pursuant to division (B) | 198 |
of that section that the notice was given; | 199 |
(L) Any guardian, custodian, or other party who has temporary | 200 |
custody of the child. | 201 |
Sec. 3109.042. (A) An unmarried female who gives birth to a | 202 |
child is the sole residential parent and legal custodian of the | 203 |
child until a court of competent jurisdiction issues an order | 204 |
designating another person as the residential parent and legal | 205 |
custodian. A court designating the residential parent and legal | 206 |
custodian of a child described in this section shall treat the | 207 |
mother and father as standing upon an equality when making the | 208 |
designation. | 209 |
(B) Notwithstanding division (A) of this section, an | 210 |
unmarried female declared to be the parent of a child born as a | 211 |
result of rape or sexual battery under section 3109.501 of the | 212 |
Revised Code shall not be a residential parent and legal custodian | 213 |
of the child. | 214 |
Sec. 3109.50. As used in sections 3109.501 to 3109.508 of | 215 |
the Revised Code: | 216 |
(A) "Parental rights" means parental rights and | 217 |
responsibilities, parenting time, or any other similar right | 218 |
established by the laws of this state with respect to a child. | 219 |
"Parental rights" does not include the parental duty of support | 220 |
for a child. | 221 |
(B) "Rape" means a violation of section 2907.02 of the | 222 |
Revised Code or similar law of another state. | 223 |
(C) "Sexual battery" means a violation of section 2907.03 of | 224 |
the Revised Code or similar law of another state. | 225 |
Sec. 3109.501. (A) Except as provided in division (C) of | 226 |
this section, a person who is the victim of rape or sexual battery | 227 |
for which a child was conceived as a result may bring an action to | 228 |
declare the person who was convicted of or pleaded guilty to the | 229 |
offense to be the parent of a child conceived as a result of rape | 230 |
or sexual battery. | 231 |
(B) A court may issue an order declaring that the other | 232 |
person is the parent of a child conceived as a result of rape or | 233 |
sexual battery if all of the following are established by clear | 234 |
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 or as provided in Chapter 3111. of the | 243 |
Revised Code. | 244 |
(C) A person to whom the following apply may seek a | 245 |
declaration described in division (A) of this section only | 246 |
pursuant to a proceeding for divorce, dissolution, legal | 247 |
separation, or annulment: | 248 |
(1) The person is the victim of a rape or sexual battery for | 249 |
which a child was conceived as a result. | 250 |
(2) The person is married to the person who was convicted of, | 251 |
or pleaded guilty to, the rape or sexual battery. | 252 |
Sec. 3109.502. An action under section 3109.501 of the | 253 |
Revised Code shall be continued until the court renders a judgment | 254 |
and all appeals have been exhausted in the criminal proceedings | 255 |
regarding the charge of rape or sexual battery that is the basis | 256 |
of the action. On the final disposition of the criminal | 257 |
proceedings, the court shall do one of the following: | 258 |
(A) Proceed with the action if the person was convicted of or | 259 |
pleaded guilty to rape or sexual battery; | 260 |
(B) Dismiss the action if the person was acquitted of the | 261 |
charge of rape or sexual battery. | 262 |
Sec. 3109.503. A court that issues an order declaring a | 263 |
person to be the parent of a child conceived as a result of rape | 264 |
or sexual battery under section 3109.501 of the Revised Code shall | 265 |
notify any court that has issued an order granting parental rights | 266 |
with respect to such child to the person. | 267 |
Sec. 3109.504. (A) No court shall issue an order granting | 268 |
parental rights with respect to a child to a person declared, | 269 |
regarding that child, to be the parent of a child conceived as a | 270 |
result of rape or sexual battery in an action or proceeding under | 271 |
section 3109.501, 3109.505, or 3109.506 of the Revised Code. | 272 |
(B) On receipt of a notice under section 3109.503 of the | 273 |
Revised Code, a court that has issued an order granting parental | 274 |
rights regarding the person and child addressed in the notice | 275 |
shall terminate the order. | 276 |
Sec. 3109.505. (A) A person who is the parent of a child who | 277 |
was not conceived as a result of rape or sexual battery may seek | 278 |
to terminate, prevent the granting of, or limit parental rights of | 279 |
the child's other parent with respect to that child if the parents | 280 |
meet the following conditions: | 281 |
(1) The other parent was convicted of, or pleaded guilty to, | 282 |
rape or sexual battery committed by the other parent. | 283 |
(2) The person was the victim of the rape or sexual battery | 284 |
committed by the other parent. | 285 |
(B) The remedy described in division (A) of this section | 286 |
shall be pursued under one of the following proceedings: | 287 |
(1) If the person is married to the other parent, in a | 288 |
proceeding for divorce, dissolution, legal separation, or | 289 |
annulment; | 290 |
(2) If the person is unmarried, or is married but not to the | 291 |
other parent, in an action under section 3109.04 or 3109.051 of | 292 |
the Revised Code, as applicable. | 293 |
(C) The conditions in divisions (A)(1) and (2) of this | 294 |
section shall be established by clear and convincing evidence | 295 |
before the remedy described in division (A) of this section may be | 296 |
granted. | 297 |
Sec. 3109.506. Any action described in section 3109.501 of | 298 |
the Revised Code may be consolidated with any action or proceeding | 299 |
described in section 3109.505 of the Revised Code or any action or | 300 |
proceeding for parental rights regarding a child conceived as a | 301 |
result of rape or sexual battery. | 302 |
Sec. 3109.507. A relative of a person whose parental rights | 303 |
with that person's child have been terminated, denied, or limited | 304 |
pursuant to sections 3109.50 to 3109.506 of the Revised Code may | 305 |
be granted only those rights consented to by the other parent of | 306 |
the child. | 307 |
Sec. 3109.508. The denial, termination, or limitation of | 308 |
parental rights under sections 3109.50 to 3109.507 of the Revised | 309 |
Code does not relieve the person of any debts owed to the other | 310 |
parent or the child prior to the denial, termination, or | 311 |
limitation. | 312 |
Section 2. That existing sections 2105.06, 2937.02, 3107.07, | 313 |
and 3109.042 of the Revised Code are hereby repealed. | 314 |