130th Ohio General Assembly
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Am. H. B. No. 95  As Passed by the House
As Passed by the House

128th General Assembly
Regular Session
2009-2010
Am. H. B. No. 95


Representative Skindell 

Cosponsors: Representatives Murray, Evans, Letson, Ujvagi, Phillips, Luckie, Harris, Yuko, DeGeeter, Williams, S., Boyd, Hagan, Stewart, Domenick, Harwood, Bolon, Chandler, Koziura, Okey, Dolan, Bacon, Bubp, Celeste, Coley, Blessing, Amstutz, Belcher, Book, Boose, Burke, Carney, Combs, Daniels, DeBose, Dodd, Driehaus, Dyer, Fende, Foley, Gardner, Garland, Garrison, Gerberry, Goyal, Grossman, Hackett, Heard, Hite, Hottinger, Jones, Maag, Mallory, Mandel, Martin, Mecklenborg, Moran, Newcomb, Oelslager, Otterman, Patten, Pryor, Ruhl, Sayre, Sears, Slesnick, Snitchler, Uecker, Weddington, Williams, B., Winburn, Yates, Zehringer 



A BILL
To amend section 2717.01 of the Revised Code to prohibit a court from ordering a statutory change of name for a person who has committed identity fraud or who must register under the SORN Law for having committed a sexually oriented offense or child-victim oriented offense.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2717.01 of the Revised Code be amended to read as follows:
Sec. 2717.01.  (A) A person desiring a change of name may file an application in the probate court of the county in which the person resides. The application shall set forth that the applicant has been a bona fide resident of that county for at least one year prior to the filing of the application, the cause for which the change of name is sought, and the requested new name. The application shall require the applicant to state whether the applicant has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for identity fraud or has a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.
Notice of the application shall be given once by publication in a newspaper of general circulation in the county at least thirty days before the hearing on the application. The notice shall set forth the court in which the application was filed, the case number, and the date and time of the hearing.
Upon Except as provided by division (C) of this section, upon proof that proper notice was given and that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant, the court may order the change of name.
(B) An application for change of name may be made on behalf of a minor by either of the minor's parents, a legal guardian, or a guardian ad litem. When application is made on behalf of a minor, in addition to the notice and proof required pursuant to division (A) of this section, the consent of both living, legal parents of the minor shall be filed, or notice of the hearing shall be given to the parent or parents not consenting by certified mail, return receipt requested. If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father. If no father is so alleged, or if either parent or the address of either parent is unknown, notice pursuant to division (A) of this section shall be sufficient as to the father or parent.
Any additional notice required by this division may be waived in writing by any person entitled to the notice.
(C)(1) The court shall not order a change of name under division (A) of this section if the person applying for a change of name or for whom the application for a change of name is made has a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant or the person on whose behalf the application for a change of name is made was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.
(2) The court shall not order a change of name under division (A) of this section if the person applying for a change of name or for whom the application for a change of name is made has pleaded guilty to, been convicted of, or been adjudicated a delinquent child for committing a violation of section 2913.49 of the Revised Code unless the guilty plea, conviction, or adjudication has been reversed on appeal.
(3) As used in this division, "sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Section 2. That existing section 2717.01 of the Revised Code is hereby repealed.
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