Am.
Sub. H.B. 53
127th General Assembly
(As Passed by the General Assembly)
Reps. Peterson, Yuko, Skindell, Ujvagi, Setzer, Dodd, Bacon, Collier, Fende, Chandler, Strahorn, White, R. Hagan, Wachtmann, B. Williams, Boyd, Brown, DeBose, Flowers, Goodwin, Hottinger, Huffman, Jones, Oelslager, Otterman, Raussen, Uecker, Webster, Adams, Aslanides, Batchelder, Beatty, Bolon, Book, Brady, Bubp, Budish, Carano, Celeste, Combs, DeGeeter, Distel, Dolan, Domenick, Driehaus, Dyer, Evans, Foley, Garrison, Gibbs, Goyal, Harwood, Heard, Hite, Hughes, Latta, Letson, Luckie, Lundy, Mallory, Mandel, R. McGregor, Miller, Okey, Patton, Sayre, Schindel, Schneider, Stebelton, D. Stewart, J. Stewart, Sykes, Wagoner, S. Williams, Yates
Sens. D. Miller, Cafaro, Morano, Padgett, Clancy, Spada, Amstutz, Austria, Boccieri, Buehrer, Faber, Carey, Coughlin, Fedor, Gardner, Grendell, Harris, Jacobson, Kearney, Mason, Sawyer, Schaffer, Schuler, Schuring, Smith, Wilson, Mumper, R. Miller
Effective date: *
ACT SUMMARY
· Replaces terms in the Revised Code that refer to persons with certain conditions.
CONTENT AND OPERATION
The Revised Code used a number of terms to refer to persons with certain conditions. These terms included "lunatic," "idiot," "imbecile," "drunkard," "deaf and dumb," and "insane." Many of the sections that contained these words had not been amended since the Code was reorganized in 1953.
The act eliminates the majority of terms described above in former law and, in most (though not all) cases, replaces them with the term, "incompetent person."[1] The act defines this term to mean "a person who is so mentally impaired as a result of a mental or physical illness or disability, mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide." This definition is the same definition of "incompetent" in R.C. 2111.01 (the law governing guardianships), except that it excludes "any person confined to a correctional institution within this state."
The table, below, compares the terms in former law with the terms used in the act. In a few sections, no replacement terms were added because the former language was unnecessary or repetitive and was, therefore, eliminated.
Sections with terms referring to persons with
certain conditions |
Former law |
The act |
701.01 Definitions for
Revised Code Title VII |
Insane |
Language
stricken[2] |
711.23
Plats--application for vacation and assessment of damages |
Persons
of insane mind |
Incompetent person (new
definition)[3] |
1775.31
Dissolution of a partnership by court decree |
Lunatic |
Incompetent person (new
definition--see footnote 3) |
2111.37 Guardian for nonresident--property rights |
Incompetent[4] |
Same as continuing law |
2111.47
Termination of guardianship |
Insane person |
Incompetent person (see
footnote regarding R.C. 2111.01(D) below) |
2307.14
Civil actions‑‑compensation and grounds for replacement of
guardian ad litem or trustee |
Insane
person |
Incompetent person (new
definition--see footnote 3) |
2317.021
"Client"
defined; application of attorney-client privilege to dissolved corporation or
association |
Incompetent |
Incompetent person (new
definition--see footnote 3)[5] |
2317.03 Limitations on testimony
against a guardian or trustee |
Deaf and dumb or insane
person |
Incompetent person (new
definition--see footnote 3) |
2317.06
Proving testimony of absent witness |
Insane |
Language
stricken |
2721.05
Determination of rights or legal relations |
Lunatic |
Incompetent person (new
definition--see footnote 3) |
3763.06
Gaming--liability of property for losses occurring thereon |
Insane
person or idiot |
Incompetent person (new
definition--see footnote 3) |
4303.272 Safekeeping of liquor permits |
Insane |
Language
stricken |
4399.05
Liability of owner of premises used for the sale of intoxicating liquors |
Insane
person or idiot |
Incompetent person (new
definition--see footnote 3) |
4971.16
Reorganization of railroads |
Insane |
Incompetent person (new
definition--see footnote 3) |
5301.22
Effect of agreement with guardian |
Idiot,
lunatic, or insane person |
Incompetent person (new
definition--see footnote 3) |
5305.17
Real property--guardian may elect for surviving spouse |
Adjudged
insane |
Adjudged to be an
incompetent person (new definition--see footnote 3) |
5305.18 Real property--dower of incompetent person |
Insane person |
Incompetent person (new
definition--see footnote 3) |
5305.19
Real property--inquest of incompetence |
Permanently insane |
A permanently incompetent
person (new definition--see footnote 3) |
5305.20 Real property--proceedings on report of
inquest of incompetence |
Insane
person |
Incompetent person (new
definition--see footnote 3) |
5305.21
Real property--dower of an incompetent person may be barred |
Insane
person |
Incompetent person (new
definition--see footnote 3) |
5305.22
Real estate--conveyed free of dower if spouse is incompetent |
Insane |
Incompetent person (new
definition--see footnote 3) |
5307.19
Power of guardian to act for ward in partition |
Idiot, imbecile, or insane
person |
Incompetent person (new
definition--see footnote 3) |
5307.20
Power of foreign guardian |
Idiot or insane person |
Incompetent person (new
definition--see footnote 3) |
5310.12
Registration of land titles--limitation of actions |
Insane |
Incompetent person (new
definition--see footnote 3) |
5711.05 Returns of taxable property; fiduciary
returns |
Idiot or insane person |
Incompetent person (new
definition--see footnote 3) |
5711.07
Proper taxing district for listing property |
Insane |
Incompetent person (new
definition--see footnote 3) |
5907.06
Veterans home--person who cannot be admitted |
Insane
person |
Person with a mental
illness that causes the person to be dangerous to the community |
5907.08
Veterans home--proceedings |
Becomes insane |
Becomes dangerous to the
community due to a mental illness |
5907.09
Veterans--hearing by probate judge |
Determine the sanity of
the resident |
Determine the competence
of the resident |
(Section 3)
The act includes a provision under which the General Assembly declares its intent that the act's amendments are not substantive in nature but are intended to replace certain outdated terms with current, synonymous terms. The provision specifies that the act's amendments are not to be construed to expand, impair, or otherwise affect any power, authority, duty, right, obligation, remedy, or liability contained in the statutes prior to the act's effective date.
HISTORY
ACTION |
DATE |
|
|
Introduced |
02-21-07 |
Reported, H. Health |
03-15-07 |
Passed House (98-0) |
03-27-07 |
Reported, S. Health, Human Services & Aging |
04-19-07 |
Passed Senate (32-0) |
04-24-07 |
House concurred in Senate amendments (97-0) |
05-01-07 |
07-hb53-127.doc/jc
* The Legislative Service Commission had not received formal notification of the effective date at the time this analysis was prepared. Additionally, the analysis may not reflect action taken by the Governor.
[1] The act does not
change the definition of "incompetent" used in R.C. 2111.37 and
2111.47 because continuing law under R.C. 2111.01(D) defines
"incompetent" for purposes of R.C. Chapters 2111. through 2131. to
mean "any person who is so mentally impaired as a result of a mental or
physical illness or disability, or mental retardation, or as a result of
chronic substance abuse, that the person is incapable of taking proper care of
the person's self or property or fails to provide for the person's family or
other persons for whom the person is charged by law to provide, or any person
confined to a correctional institution within this state."
[2] The terms,
"insane" and "lunatic," are not used in Title VII. Therefore, there is no need for them to be
defined in R.C. 701.01.
[3] The act defines
"incompetent person" as "a person who is so mentally impaired as
a result of a mental or physical illness or disability, mental retardation, or
as a result of chronic substance abuse, that the person is incapable of taking
proper care of the person's self or property or fails to provide for the
person's family or other persons for whom the person is charged by law to
provide." As stated above, this
definition is the same as the definition of "incompetent" in R.C.
2111.01 (law governing guardianships), except that it excludes "any person confined
to a correctional institution within this state."
[4] R.C. 2111.01(D)
defines "incompetent" in continuing law for purposes of R.C. Chapters
2111. through 2131. to mean "any person who is so mentally impaired as a
result of a mental or physical illness or disability, or mental retardation, or
as a result of chronic substance abuse, that the person is incapable of taking
proper care of the person's self or property or fails to provide for the
person's family or other persons for whom the person is charged by law to
provide, or any person confined to a correctional institution within this
state."
[5] R.C. 2317.021 also
defines "incompetent" for purposes of R.C. 2317.02 (law governing
privileged communications) and R.C. 2317.03 (law governing the limitations on
testimony against a guardian or trustee) to have the same meaning as
"incompetent person" described in the footnote above.