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S. B. No. 76 As IntroducedAs Introduced
|129th General Assembly|
Senators Bacon, Turner, Hughes, Smith, Brown
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
(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.