As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 207


Senators Patton, Manning 



A BILL
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) 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 or84
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 3109.508 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. Such115

       (B) The court or magistrate may give the information may be 116
givenprovided pursuant to division (A) of this section to each 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, and informing as 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, or putative father, or mother, of a minor if 158
the minor is conceived as the result of the commission of rape or 159
sexual battery by the father or, putative father, or mother and 160
the father or, putative father, or mother is convicted of or 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