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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 659
2025-2026
Representatives Russo, Synenberg
Cosponsors: Representatives Brennan,
Jarrells, Piccolantonio, Sigrist, McNally, Brownlee, Lett, Upchurch
To
amend sections 2305.111 and 2315.18 of the Revised Code
regarding
childhood sexual abuse and student sexual abuse and to amend the
version of section 2305.111 that is scheduled to take effect on
October 12, 2028, to continue the change on and after that date.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2305.111 and 2315.18 of the Revised Code be amended to read
as follows:
Sec.
2305.111.
(A)
As used in this section:
(1)
"Childhood sexual abuse" means any conduct that constitutes
any of the violations identified in division (A)(1)(a) or (b) of this
section and would constitute a criminal offense under the specified
section of the Revised Code, if the victim of the violation is at the
time of the violation a child under eighteen years of age or a child
with a developmental disability or physical impairment under
twenty-one years of age. The court need not find that any person has
been convicted of or pleaded guilty to the offense under the
specified section of the Revised Code in order for the conduct that
is the violation constituting the offense to be childhood sexual
abuse for purposes of this division. This division applies to any of
the following violations committed in the following specified
circumstances:
(a)
A violation of section 2907.02 or section 2907.03 of the Revised
Code;
(b)
A violation of section 2907.05 or 2907.06 of the Revised Code if, at
the time of the violation, any of the following apply:
(i)
The actor is the victim's natural parent, adoptive parent, or
stepparent or the guardian, custodian, or person in loco parentis of
the victim.
(ii)
The victim is in custody of law or a patient in a hospital or other
institution, and the actor has supervisory or disciplinary authority
over the victim.
(iii)
The actor is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the director
of education and workforce prescribes minimum standards pursuant to
division (D) of section 3301.07 of the Revised Code, the victim is
enrolled in or attends that school, and the actor is not enrolled in
and does not attend that school.
(iv)
The actor is a teacher, administrator, coach, or other person in
authority employed by or serving in an institution of higher
education, and the victim is enrolled in or attends that institution.
(v)
The actor is the victim's athletic or other type of coach, is the
victim's instructor, is the leader of a scouting troop of which the
victim is a member, or is a person with temporary or occasional
disciplinary control over the victim.
(vi)
The actor is a mental health professional, the victim is a mental
health client or patient of the actor, and the actor induces the
victim to submit by falsely representing to the victim that the
sexual contact involved in the violation is necessary for mental
health treatment purposes.
(vii)
The actor is a licensed medical professional, the victim is a patient
of the actor, and the sexual contact occurs in the course of medical
treatment.
(viii)
The victim is confined in a detention facility, and the actor is an
employee of that detention facility.
(ix)
The actor is a cleric, and the victim is a member of, or attends, the
church or congregation served by the cleric.
(2)
"Cleric" has the same meaning as in section 2317.02 of the
Revised Code.
(3)
"Licensed medical professional" has the same meaning as in
section 2907.01 of the Revised Code.
(4)
"Mental health client or patient" has the same meaning as
in section 2305.51 of the Revised Code.
(5)
"Mental health professional" has the same meaning as in
section 2305.115 of the Revised Code.
(6)
"Sexual contact" has the same meaning as in section 2907.01
of the Revised Code.
(7)
"Student"
means any person who is enrolled on a full-time or part-time basis in
any of the following:
(a)
A state institution of higher education as defined in section
3345.011 of the Revised Code;
(b)
A nonprofit institution holding a certificate of authorization
pursuant to Chapter 1713. of the Revised Code;
(c)
An institution holding a certificate of registration from the state
board of career colleges and schools under Chapter 3332. of the
Revised Code;
(d)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code;
(e)
An Ohio technical center as defined in section 3333.94 of the Revised
Code.
(8)
"Student sexual abuse" means any conduct that constitutes a
violation of section 2907.02, 2907.03, 2907.05, or 2907.06 of the
Revised Code, if the victim of the violation is at the time of the
violation over seventeen years of age but under twenty-four years of
age, and the abuse occurred when the victim was a student. The court
need not find that any person has been convicted of or pleaded guilty
to the offense under the specified section of the Revised Code in
order for the conduct that is the violation constituting the offense
to be student sexual abuse for purposes of this section.
(9)
"Victim"
means, except as provided in division (B) of this section, a victim
of childhood sexual abuse.
(B)
Except as provided in section 2305.115 of the Revised Code and
subject to
division
(C)
divisions
(C) and (D)
of this section, an action for assault or battery shall be brought
within one year after the cause of the action accrues. For purposes
of this section, a cause of action for assault or battery accrues
upon the later of the following:
(1)
The date on which the alleged assault or battery occurred;
(2)
If the plaintiff did not know the identity of the person who
allegedly committed the assault or battery on the date on which it
allegedly occurred, the earlier of the following dates:
(a)
The date on which the plaintiff learns the identity of that person;
(b)
The date on which, by the exercise of reasonable diligence, the
plaintiff should have learned the identity of that person.
(C)(1)
Except as provided in division
(C)(2)
(C)(3)
of this section, an action
shall
be brought within thirty-seven years after the cause of action
accrues if both of the following apply:
(a)
The action is an action
for
assault or battery brought by a victim of childhood sexual abuse
based on childhood sexual abuse, or an action brought by a victim of
childhood sexual abuse asserting any claim resulting from childhood
sexual abuse
,
shall be brought within twelve years after the cause of action
accrues
.
(b)
The action is against a perpetrator of the childhood sexual abuse, an
entity that negligently facilitated that sexual abuse, or both.
(2)
If a DNA record made in connection with an action brought by a victim
of childhood sexual abuse asserting a claim resulting from childhood
sexual abuse is determined to match another DNA record that is of an
identifiable person and if the time of the determination is later
than thirty-seven years after the action accrues, the action may be
brought within five years after the determination is complete.
If the defendant in an action brought by a victim of childhood sexual
abuse asserting a claim resulting from childhood sexual abuse that
occurs on or after August 3, 2006, has fraudulently concealed from
the plaintiff facts that form the basis of the claim, the running of
the limitations period with regard to that claim is tolled until the
time when the plaintiff discovers or in the exercise of due diligence
should have discovered those facts
,
and the action may be brought within five years after the discovery
of the fraudulently concealed facts
.
(2)
(3)
Only for purposes of making claims against a bankruptcy estate of an
organization chartered under part B of subtitle II of Title 36 of the
United States Code, an action for assault or battery brought by a
victim of childhood sexual abuse based on childhood sexual abuse, or
an action brought by a victim of childhood sexual abuse asserting any
claim resulting from childhood sexual abuse, may be brought at any
time after the cause of action accrues.
(3)
(4)
For purposes of this section, a cause of action for assault or
battery based on childhood sexual abuse, or a cause of action for a
claim resulting from childhood sexual abuse, accrues upon the date on
which the victim reaches the age of majority.
(D)(1)
An action shall be brought at any time until the victim reaches
fifty-five years of age if both of the following apply:
(a)
The action is an action for assault or battery brought by a victim of
student sexual abuse based on student sexual abuse, or an action
brought by a victim of student sexual abuse asserting any claim
resulting from student sexual abuse.
(b)
The action is against a perpetrator of the student sexual abuse or an
entity that negligently facilitated that sexual abuse.
(2)
If a DNA record made in connection with an action brought by a victim
of student sexual abuse asserting a claim resulting from student
sexual abuse is determined to match another DNA record that is of an
identifiable person and if the time of the determination is later
than the time at which the victim reaches fifty-five years of age,
the action may be brought within five years after the determination
is complete. If the defendant in an action brought by a victim of
student sexual abuse asserting a claim resulting from student sexual
abuse that occurs on or after the effective date of this section has
fraudulently concealed from the plaintiff facts that form the basis
of the claim, the running of the limitations period with regard to
that claim is tolled until the time when the plaintiff discovers or
in the exercise of due diligence should have discovered those facts,
and the action may be brought within five years after the discovery
of the fraudulently concealed facts.
Sec.
2315.18.
(A)
As used in this section and in section 2315.19 of the Revised Code:
(1)
"Asbestos claim" has the same meaning as in section 2307.91
of the Revised Code.
(2)
"Economic loss" means any of the following types of
pecuniary harm:
(a)
All wages, salaries, or other compensation lost as a result of an
injury or loss to person or property that is a subject of a tort
action;
(b)
All expenditures for medical care or treatment, rehabilitation
services, or other care, treatment, services, products, or
accommodations as a result of an injury or loss to person or property
that is a subject of a tort action;
(c)
Any other expenditures incurred as a result of an injury or loss to
person or property that is a subject of a tort action, other than
attorney's fees incurred in connection with that action.
(3)
"Medical claim," "dental claim," "optometric
claim," and "chiropractic claim" have the same
meanings as in section 2305.113 of the Revised Code.
(4)
"Noneconomic loss" means nonpecuniary harm that results
from an injury or loss to person or property that is a subject of a
tort action, including, but not limited to, pain and suffering, loss
of society, consortium, companionship, care, assistance, attention,
protection, advice, guidance, counsel, instruction, training, or
education, disfigurement, mental anguish, and any other intangible
loss.
(5)
"Occurrence" means all claims resulting from or arising out
of any one person's bodily injury.
(6)
"Product liability claim" has the same meaning as in
section 2307.71 of the Revised Code.
(7)
"Tort action" means a civil action for damages for injury
or loss to person or property. "Tort action" includes a
civil action upon a product liability claim or an asbestos claim, a
civil action based on an unlawful discriminatory practice relating to
employment brought under section 4112.052 of the Revised Code, and a
civil action brought under section 4112.14 of the Revised Code. "Tort
action" does not include a civil action upon a medical claim,
dental claim, optometric claim, or chiropractic claim or a civil
action for damages for a breach of contract or another agreement
between persons.
(8)
"Trier of fact" means the jury or, in a nonjury action, the
court.
(B)
In a tort action to recover damages for injury or loss to person or
property, all of the following apply:
(1)
There shall not be any limitation on the amount of compensatory
damages that represents the economic loss of the person who is
awarded the damages in the tort action.
(2)
Except as otherwise provided in division (B)(3)
or (4)
of this section, the amount of compensatory damages that represents
damages for noneconomic loss that is recoverable in a tort action
under this section to recover damages for injury or loss to person or
property shall not exceed the greater of two hundred fifty thousand
dollars or an amount that is equal to three times the economic loss,
as determined by the trier of fact, of the plaintiff in that tort
action to a maximum of three hundred fifty thousand dollars for each
plaintiff in that tort action or a maximum of five hundred thousand
dollars for each occurrence that is the basis of that tort action.
(3)
There shall not be any limitation on the amount of compensatory
damages that represents damages for noneconomic loss that is
recoverable in a tort action to recover damages for injury or loss to
person or property if the noneconomic losses of the plaintiff are for
either of the following:
(a)
Permanent and substantial physical deformity, loss of use of a limb,
or loss of a bodily organ system;
(b)
Permanent physical functional injury that permanently prevents the
injured person from being able to independently care for self and
perform life-sustaining activities.
(4)
There shall not be any limitation on the amount of compensatory
damages that represents damages for noneconomic loss that is
recoverable in a tort action to recover damages for injury or loss to
person or property if the noneconomic losses of the plaintiff are due
to childhood sexual abuse, student sexual abuse, or a violation of
section 2907.02, 2907.03, 2907.05, or 2907.06 of the Revised Code.
The court need not find that any person has been convicted of or
pleaded guilty to the offense under the specified section of the
Revised Code in order for compensatory damages to be awarded under
this division.
(C)
In determining an award of compensatory damages for noneconomic loss
in a tort action, the trier of fact shall not consider any of the
following:
(1)
Evidence of a defendant's alleged wrongdoing, misconduct, or guilt;
(2)
Evidence of the defendant's wealth or financial resources;
(3)
All other evidence that is offered for the purpose of punishing the
defendant, rather than offered for a compensatory purpose.
(D)
If a trial is conducted in a tort action to recover damages for
injury or loss to person or property and a plaintiff prevails in that
action, the court in a nonjury trial shall make findings of fact, and
the jury in a jury trial shall return a general verdict accompanied
by answers to interrogatories, that shall specify all of the
following:
(1)
The total compensatory damages recoverable by the plaintiff;
(2)
The portion of the total compensatory damages that represents damages
for economic loss;
(3)
The portion of the total compensatory damages that represents damages
for noneconomic loss.
(E)(1)
After the trier of fact in a tort action to recover damages for
injury or loss to person or property complies with division (D) of
this section, the court shall enter a judgment in favor of the
plaintiff for compensatory damages for economic loss in the amount
determined pursuant to division (D)(2) of this section, and, subject
to division (F)(1) of this section, the court shall enter a judgment
in favor of the plaintiff for compensatory damages for noneconomic
loss. Except as provided in division (B)(3)
or (4)
of this section, in no event shall a judgment for compensatory
damages for noneconomic loss exceed the maximum recoverable amount
that represents damages for noneconomic loss as provided in division
(B)(2) of this section. Division (B) of this section shall be applied
in a jury trial only after the jury has made its factual findings and
determination as to the damages.
(2)
Prior to the trial in the tort action described in division (D) of
this section, any party may seek summary judgment with respect to the
nature of the alleged injury or loss to person or property, seeking a
determination of the damages as described in division (B)(2) of this
section.
(F)(1)
A court of common pleas has no jurisdiction to enter judgment on an
award of compensatory damages for noneconomic loss in excess of the
limits set forth in this section.
(2)
If the trier of fact is a jury, the court shall not instruct the jury
with respect to the limit on compensatory damages for noneconomic
loss described in division (B)(2) of this section, and neither
counsel for any party nor a witness shall inform the jury or
potential jurors of that limit.
(G)
With respect to a tort action to which division (B)(2) of this
section applies, any excess amount of compensatory damages for
noneconomic loss that is greater than the applicable amount specified
in division (B)(2) of this section shall not be reallocated to any
other tortfeasor beyond the amount of compensatory damages that the
tortfeasor would otherwise be responsible for under the laws of this
state.
(H)
This section does not apply to any of the following:
(1)
Tort actions that are brought against the state in the court of
claims, including, but not limited to, those actions in which a state
university or college is a defendant and to which division (B)(3) of
section 3345.40 of the Revised Code applies;
(2)
Tort actions that are brought against political subdivisions of this
state and that are commenced under or are subject to Chapter 2744. of
the Revised Code. Division (C) of section 2744.05 of the Revised Code
applies to recoverable damages in those actions.
(3)
Wrongful death actions brought pursuant to Chapter 2125. of the
Revised Code.
(I)
If the provisions regarding the limits on compensatory damages for
noneconomic loss set forth in division (B)(2) of this section have
been determined to be unconstitutional, then division (C) of this
section and section 2315.19 of the Revised Code shall govern the
determination of an award of compensatory damages for noneconomic
loss in a tort action.
Section
2.
That
existing sections 2305.111 and 2315.18 of the Revised Code are hereby
repealed.
Section
3.
That
section 2305.111 of the Revised Code that is scheduled to take effect
on October 12, 2028, be amended to read as follows:
Sec.
2305.111.
(A)
As used in this section:
(1)
"Childhood sexual abuse" means any conduct that constitutes
any of the violations identified in division (A)(1)(a) or (b) of this
section and would constitute a criminal offense under the specified
section of the Revised Code, if the victim of the violation is at the
time of the violation a child under eighteen years of age or a child
with a developmental disability or physical impairment under
twenty-one years of age. The court need not find that any person has
been convicted of or pleaded guilty to the offense under the
specified section of the Revised Code in order for the conduct that
is the violation constituting the offense to be childhood sexual
abuse for purposes of this division. This division applies to any of
the following violations committed in the following specified
circumstances:
(a)
A violation of section 2907.02 or section 2907.03 of the Revised
Code;
(b)
A violation of section 2907.05 or 2907.06 of the Revised Code if, at
the time of the violation, any of the following apply:
(i)
The actor is the victim's natural parent, adoptive parent, or
stepparent or the guardian, custodian, or person in loco parentis of
the victim.
(ii)
The victim is in custody of law or a patient in a hospital or other
institution, and the actor has supervisory or disciplinary authority
over the victim.
(iii)
The actor is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the director
of education and workforce prescribes minimum standards pursuant to
division (D) of section 3301.07 of the Revised Code, the victim is
enrolled in or attends that school, and the actor is not enrolled in
and does not attend that school.
(iv)
The actor is a teacher, administrator, coach, or other person in
authority employed by or serving in an institution of higher
education, and the victim is enrolled in or attends that institution.
(v)
The actor is the victim's athletic or other type of coach, is the
victim's instructor, is the leader of a scouting troop of which the
victim is a member, or is a person with temporary or occasional
disciplinary control over the victim.
(vi)
The actor is a mental health professional, the victim is a mental
health client or patient of the actor, and the actor induces the
victim to submit by falsely representing to the victim that the
sexual contact involved in the violation is necessary for mental
health treatment purposes.
(vii)
The actor is a licensed medical professional, the victim is a patient
of the actor, and the sexual contact occurs in the course of medical
treatment.
(viii)
The victim is confined in a detention facility, and the actor is an
employee of that detention facility.
(ix)
The actor is a cleric, and the victim is a member of, or attends, the
church or congregation served by the cleric.
(2)
"Cleric" has the same meaning as in section 2317.02 of the
Revised Code.
(3)
"Licensed medical professional" has the same meaning as in
section 2907.01 of the Revised Code.
(4)
"Mental health client or patient" has the same meaning as
in section 2305.51 of the Revised Code.
(5)
"Mental health professional" has the same meaning as in
section 2305.115 of the Revised Code.
(6)
"Sexual contact" has the same meaning as in section 2907.01
of the Revised Code.
(7)
"Student"
means any person who is enrolled on a full-time or part-time basis in
any of the following:
(a)
A state institution of higher education as defined in section
3345.011 of the Revised Code;
(b)
A nonprofit institution holding a certificate of authorization
pursuant to Chapter 1713. of the Revised Code;
(c)
An institution holding a certificate of registration from the state
board of career colleges and schools under Chapter 3332. of the
Revised Code;
(d)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code;
(e)
An Ohio technical center as defined in section 3333.94 of the Revised
Code.
(8)
"Student sexual abuse" means any conduct that constitutes a
violation of section 2907.02, 2907.03, 2907.05, or 2907.06 of the
Revised Code, if the victim of the violation is at the time of the
violation over seventeen years of age but under twenty-four years of
age, and the abuse occurred when the victim was a student. The court
need not find that any person has been convicted of or pleaded guilty
to the offense under the specified section of the Revised Code in
order for the conduct that is the violation constituting the offense
to be student sexual abuse for purposes of this section.
(9)
"Victim"
means, except as provided in division (B) of this section, a victim
of childhood sexual abuse.
(B)
Except as provided in section 2305.115 of the Revised Code and
subject to
division
(C)
divisions
(C) and (D)
of this section, an action for assault or battery shall be brought
within one year after the cause of the action accrues. For purposes
of this section, a cause of action for assault or battery accrues
upon the later of the following:
(1)
The date on which the alleged assault or battery occurred;
(2)
If the plaintiff did not know the identity of the person who
allegedly committed the assault or battery on the date on which it
allegedly occurred, the earlier of the following dates:
(a)
The date on which the plaintiff learns the identity of that person;
(b)
The date on which, by the exercise of reasonable diligence, the
plaintiff should have learned the identity of that person.
(C)
(C)(1)
An action
shall
be brought within thirty-seven years after the cause of action
accrues if both of the following apply:
(a)
The action is an action
for
assault or battery brought by a victim of childhood sexual abuse
based on childhood sexual abuse, or an action brought by a victim of
childhood sexual abuse asserting any claim resulting from childhood
sexual abuse
,
shall be brought within twelve years after the cause of action
accrues
.
(b)
The action is against a perpetrator of the childhood sexual abuse, an
entity that negligently facilitated that sexual abuse, or both.
(2)
If a DNA record made in connection with an action brought by a victim
of childhood sexual abuse asserting a claim resulting from childhood
sexual abuse is determined to match another DNA record that is of an
identifiable person and if the time of the determination is later
than thirty-seven years after the action accrues, the action may be
brought within five years after the determination is complete.
(3)
For
purposes of this section, a cause of action for assault or battery
based on childhood sexual abuse, or a cause of action for a claim
resulting from childhood sexual abuse, accrues upon the date on which
the victim reaches the age of majority.
(4)
If
the defendant in an action brought by a victim of childhood sexual
abuse asserting a claim resulting from childhood sexual abuse that
occurs on or after August 3, 2006, has fraudulently concealed from
the plaintiff facts that form the basis of the claim, the running of
the limitations period with regard to that claim is tolled until the
time when the plaintiff discovers or in the exercise of due diligence
should have discovered those facts
,
and the action may be brought within five years after the discovery
of the fraudulently concealed facts
.
(D)(1)
An action shall be brought at any time until the victim reaches
fifty-five years of age if both of the following apply:
(a)
The action is an action for assault or battery brought by a victim of
student sexual abuse based on student sexual abuse, or an action
brought by a victim of student sexual abuse asserting any claim
resulting from student sexual abuse.
(b)
The action is against a perpetrator of the student sexual abuse or an
entity that negligently facilitated that sexual abuse.
(2)
If a DNA record made in connection with an action brought by a victim
of student sexual abuse asserting a claim resulting from student
sexual abuse is determined to match another DNA record that is of an
identifiable person and if the time of the determination is later
than the time at which the victim reaches fifty-five years of age,
the action may be brought within five years after the determination
is complete. If the defendant in an action brought by a victim of
student sexual abuse asserting a claim resulting from student sexual
abuse that occurs on or after the effective date of this section has
fraudulently concealed from the plaintiff facts that form the basis
of the claim, the running of the limitations period with regard to
that claim is tolled until the time when the plaintiff discovers or
in the exercise of due diligence should have discovered those facts,
and the action may be brought within five years after the discovery
of the fraudulently concealed facts.
Section
4.
That
existing section 2305.111 of the Revised Code that is scheduled to
take effect on October 12, 2028, is hereby repealed.
Section
5.
Sections
3 and 4 of this act take effect on October 12, 2028.