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S. B. No. 207 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 2105.06, 2937.02, 3107.07, and
3109.042 and to enact sections 2105.062, 3109.50,
3109.501, 3109.502, 3109.503, 3109.504, 3109.505,
3109.506, 3109.507, and 3109.508 of the Revised
Code regarding the parental rights of a person who
was convicted of, or pleaded guilty to, rape or
sexual battery.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2105.06, 2937.02, 3107.07, and
3109.042 be amended and sections 2105.062, 3109.50, 3109.501,
3109.502, 3109.503, 3109.504, 3109.505, 3109.506, 3109.507, and
3109.508 of the Revised Code be enacted to read as follows:
Sec. 2105.06. When a person dies intestate having title or
right to any personal property, or to any real property or
inheritance, in this state, the personal property shall be
distributed, and the real property or inheritance shall descend
and pass in parcenary, except as otherwise provided by law, in the
following course:
(A) If there is no surviving spouse, to the children of the
intestate or their lineal descendants, per stirpes;
(B) If there is a spouse and one or more children of the
decedent or their lineal descendants surviving, and all of the
decedent's children who survive or have lineal descendants
surviving also are children of the surviving spouse, then the
whole to the surviving spouse;
(C) If there is a spouse and one child of the decedent or the
child's lineal descendants surviving and the surviving spouse is
not the natural or adoptive parent of the decedent's child, the
first twenty thousand dollars plus one-half of the balance of the
intestate estate to the spouse and the remainder to the child or
the child's lineal descendants, per stirpes;
(D) If there is a spouse and more than one child or their
lineal descendants surviving, the first sixty thousand dollars if
the spouse is the natural or adoptive parent of one, but not all,
of the children, or the first twenty thousand dollars if the
spouse is the natural or adoptive parent of none of the children,
plus one-third of the balance of the intestate estate to the
spouse and the remainder to the children equally, or to the lineal
descendants of any deceased child, per stirpes;
(E) If there are no children or their lineal descendants,
then the whole to the surviving spouse;
(F) If Except as provided in section 2105.062 of the Revised
Code, if there is no spouse and no children or their lineal
descendants, to the parents of the intestate equally, or to the
surviving parent;
(G) If Except as provided in section 2105.062 of the Revised
Code, if there is no spouse, no children or their lineal
descendants, and no parent surviving, to the brothers and sisters,
whether of the whole or of the half blood of the intestate, or
their lineal descendants, per stirpes;
(H) If Except as provided in section 2105.062 of the Revised
Code, if there are no brothers or sisters or their lineal
descendants, one-half to the paternal grandparents of the
intestate equally, or to the survivor of them, and one-half to the
maternal grandparents of the intestate equally, or to the survivor
of them;
(I) If Except as provided in section 2105.062 of the Revised
Code, if there is no paternal grandparent or no maternal
grandparent, one-half to the lineal descendants of the deceased
grandparents, per stirpes; if there are no such lineal
descendants, then to the surviving grandparents or their lineal
descendants, per stirpes; if there are no surviving grandparents
or their lineal descendants, then to the next of kin of the
intestate, provided there shall be no representation among the
next of kin;
(J) If there are no next of kin, to stepchildren or their
lineal descendants, per stirpes;
(K) If there are no stepchildren or their lineal descendants,
escheat to the state.
Sec. 2105.062. As used in this section, "relative" includes a
parent, grandparent, great-grandparent, stepparent, child,
grandchild, aunt, uncle, cousin, sibling, and half sibling.
The parent, or a relative of the parent, of a child who was
conceived as the result of the parent's violation of section
2907.02 or 2907.03 of the Revised Code shall not inherit the real
property, personal property, or inheritance of the child or the
child's lineal descendants as provided under section 2105.06 of
the Revised Code.
Sec. 2937.02. (A) When, after arrest, the accused is taken
before a court or magistrate, or when the accused appears pursuant
to terms of summons or notice, the affidavit or complaint being
first filed, the court or magistrate shall, before proceeding
further:
(A)(1) Inform the accused of the nature of the charge against
him and the identity of the complainant and permit the accused or
his counsel for the accused to see and read the affidavit or
complaint or a copy
thereof of the affidavit or complaint;
(B)(2) Inform the accused of his the right to have counsel
and the right to a continuance in the proceedings to secure
counsel;
(C)(3) Inform the accused of the effect of pleas of guilty,
not guilty, and no contest, of his the right to trial by jury, and
the necessity of making written demand therefor for trial by jury;
(D)(4) If the charge be is a felony, inform the accused of
the nature and extent of possible punishment on conviction and of
the right to preliminary hearing;
(5) If the charge is a violation of section 2907.02 or
2907.03 of the Revised Code, inform the accused that a conviction
of or plea of guilty to the violation may result in the following:
(a) In accordance with sections 3109.50 to 3109.508 of the
Revised Code, the termination, denial, or limitation, as
applicable, of the following:
(i) The accused's parental rights with respect to a child
conceived as a result of the violation;
(ii) The accused's parental rights with respect to a child of
the accused and alleged victim of the violation who was not
conceived as a result of the violation;
(iii) The rights of a relative of the accused with respect to
a child conceived as a result of the violation;
(b) The granting of a petition to adopt a child conceived as
a result of the violation without the accused's consent as
described in division (F) of section 3107.07 of the Revised Code;
(c) The termination of the accused's, and the accused's
relative's, eligibility to inherit from a child conceived as a
result of the violation or the child's lineal descendants pursuant
to section 2105.062 of the Revised Code. Such
(B) The court or magistrate may give the information may be
given provided pursuant to division (A) of this section to each
accused individually, or, if at any time there exists any
substantial number of defendants to be arraigned at the same
session, the judge or magistrate may, by general announcement or
by distribution of printed matter, advise all those accused
concerning those rights general in their nature, and informing as
to individual matters at arraignment.
Sec. 3107.07. Consent to adoption is not required of any of
the following:
(A) A parent of a minor, when it is alleged in the adoption
petition and the court, after proper service of notice and
hearing, finds by clear and convincing evidence that the parent
has failed without justifiable cause to provide more than de
minimis contact with the minor or to provide for the maintenance
and support of the minor as required by law or judicial decree for
a period of at least one year immediately preceding either the
filing of the adoption petition or the placement of the minor in
the home of the petitioner.
(B) The putative father of a minor if either of the following
applies:
(1) The putative father fails to register as the minor's
putative father with the putative father registry established
under section 3107.062 of the Revised Code not later than thirty
days after the minor's birth;
(2) The court finds, after proper service of notice and
hearing, that any of the following are the case:
(a) The putative father is not the father of the minor;
(b) The putative father has willfully abandoned or failed to
care for and support the minor;
(c) The putative father has willfully abandoned the mother of
the minor during her pregnancy and up to the time of her surrender
of the minor, or the minor's placement in the home of the
petitioner, whichever occurs first.
(C) Except as provided in section 3107.071 of the Revised
Code, a parent who has entered into a voluntary permanent custody
surrender agreement under division (B) of section 5103.15 of the
Revised Code;
(D) A parent whose parental rights have been terminated by
order of a juvenile court under Chapter 2151. of the Revised Code;
(E) A parent who is married to the petitioner and supports
the adoption;
(F) The father, or putative father, or mother, of a minor if
the minor is conceived as the result of the commission of rape or
sexual battery by the father
or, putative father, or mother and
the father or, putative father, or mother is convicted of or
pleads guilty to the commission of that offense. As used in this
division, "rape" means a violation of section 2907.02 of the
Revised Code or a similar law of another state and "sexual
battery" means a violation of section 2907.03 of the Revised Code
or a similar law of another state.
(G) A legal guardian or guardian ad litem of a parent
judicially declared incompetent in a separate court proceeding who
has failed to respond in writing to a request for consent, for a
period of thirty days, or who, after examination of the written
reasons for withholding consent, is found by the court to be
withholding consent unreasonably;
(H) Any legal guardian or lawful custodian of the person to
be adopted, other than a parent, who has failed to respond in
writing to a request for consent, for a period of thirty days, or
who, after examination of the written reasons for withholding
consent, is found by the court to be withholding consent
unreasonably;
(I) The spouse of the person to be adopted, if the failure of
the spouse to consent to the adoption is found by the court to be
by reason of prolonged unexplained absence, unavailability,
incapacity, or circumstances that make it impossible or
unreasonably difficult to obtain the consent or refusal of the
spouse;
(J) Any parent, legal guardian, or other lawful custodian in
a foreign country, if the person to be adopted has been released
for adoption pursuant to the laws of the country in which the
person resides and the release of such person is in a form that
satisfies the requirements of the immigration and naturalization
service of the United States department of justice for purposes of
immigration to the United States pursuant to section 101(b)(1)(F)
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8
U.S.C. 1101(b)(1)(F), as amended or reenacted.
(K) Except as provided in divisions (G) and (H) of this
section, a juvenile court, agency, or person given notice of the
petition pursuant to division (A)(1) of section 3107.11 of the
Revised Code that fails to file an objection to the petition
within fourteen days after proof is filed pursuant to division (B)
of that section that the notice was given;
(L) Any guardian, custodian, or other party who has temporary
custody of the child.
Sec. 3109.042. (A) An unmarried female who gives birth to a
child is the sole residential parent and legal custodian of the
child until a court of competent jurisdiction issues an order
designating another person as the residential parent and legal
custodian. A court designating the residential parent and legal
custodian of a child described in this section shall treat the
mother and father as standing upon an equality when making the
designation.
(B) Notwithstanding division (A) of this section, an
unmarried female declared to be the parent of a child born as a
result of rape or sexual battery under section 3109.501 of the
Revised Code shall not be a residential parent and legal custodian
of the child.
Sec. 3109.50. As used in sections 3109.501 to 3109.508 of
the Revised Code:
(A) "Parental rights" means parental rights and
responsibilities, parenting time, or any other similar right
established by the laws of this state with respect to a child.
"Parental rights" does not include the parental duty of support
for a child.
(B) "Rape" means a violation of section 2907.02 of the
Revised Code or similar law of another state.
(C) "Sexual battery" means a violation of section 2907.03 of
the Revised Code or similar law of another state.
Sec. 3109.501. (A) Except as provided in division (C) of
this section, a person who is the victim of rape or sexual battery
for which a child was conceived as a result may bring an action to
declare the person who was convicted of or pleaded guilty to the
offense to be the parent of a child conceived as a result of rape
or sexual battery.
(B) A court may issue an order declaring that the other
person is the parent of a child conceived as a result of rape or
sexual battery if all of the following are established by clear
and convincing evidence:
(1) The other person was convicted of or pleaded guilty to
the rape or sexual battery.
(2) The person bringing the action was the victim of the rape
or sexual battery.
(3) The child was conceived as a result of the rape or sexual
battery.
(4) Both persons are the parents of the child established
pursuant to genetic testing or as provided in Chapter 3111. of the
Revised Code.
(C) A person to whom the following apply may seek a
declaration described in division (A) of this section only
pursuant to a proceeding for divorce, dissolution, legal
separation, or annulment:
(1) The person is the victim of a rape or sexual battery for
which a child was conceived as a result.
(2) The person is married to the person who was convicted of,
or pleaded guilty to, the rape or sexual battery.
Sec. 3109.502. An action under section 3109.501 of the
Revised Code shall be continued until the court renders a judgment
and all appeals have been exhausted in the criminal proceedings
regarding the charge of rape or sexual battery that is the basis
of the action. On the final disposition of the criminal
proceedings, the court shall do one of the following:
(A) Proceed with the action if the person was convicted of or
pleaded guilty to rape or sexual battery;
(B) Dismiss the action if the person was acquitted of the
charge of rape or sexual battery.
Sec. 3109.503. A court that issues an order declaring a
person to be the parent of a child conceived as a result of rape
or sexual battery under section 3109.501 of the Revised Code shall
notify any court that has issued an order granting parental rights
with respect to such child to the person.
Sec. 3109.504. (A) No court shall issue an order granting
parental rights with respect to a child to a person declared,
regarding that child, to be the parent of a child conceived as a
result of rape or sexual battery in an action or proceeding under
section 3109.501, 3109.505, or 3109.506 of the Revised Code.
(B) On receipt of a notice under section 3109.503 of the
Revised Code, a court that has issued an order granting parental
rights regarding the person and child addressed in the notice
shall terminate the order.
Sec. 3109.505. (A) A person who is the parent of a child who
was not conceived as a result of rape or sexual battery may seek
to terminate, prevent the granting of, or limit parental rights of
the child's other parent with respect to that child if the parents
meet the following conditions:
(1) The other parent was convicted of, or pleaded guilty to,
rape or sexual battery committed by the other parent.
(2) The person was the victim of the rape or sexual battery
committed by the other parent.
(B) The remedy described in division (A) of this section
shall be pursued under one of the following proceedings:
(1) If the person is married to the other parent, in a
proceeding for divorce, dissolution, legal separation, or
annulment;
(2) If the person is unmarried, or is married but not to the
other parent, in an action under section 3109.04 or 3109.051 of
the Revised Code, as applicable.
(C) The conditions in divisions (A)(1) and (2) of this
section shall be established by clear and convincing evidence
before the remedy described in division (A) of this section may be
granted.
Sec. 3109.506. Any action described in section 3109.501 of
the Revised Code may be consolidated with any action or proceeding
described in section 3109.505 of the Revised Code or any action or
proceeding for parental rights regarding a child conceived as a
result of rape or sexual battery.
Sec. 3109.507. A relative of a person whose parental rights
with that person's child have been terminated, denied, or limited
pursuant to sections 3109.50 to 3109.506 of the Revised Code may
be granted only those rights consented to by the other parent of
the child.
Sec. 3109.508. The denial, termination, or limitation of
parental rights under sections 3109.50 to 3109.507 of the Revised
Code does not relieve the person of any debts owed to the other
parent or the child prior to the denial, termination, or
limitation.
Section 2. That existing sections 2105.06, 2937.02, 3107.07,
and 3109.042 of the Revised Code are hereby repealed.
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