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sb421_02_PS
As Passed by the Senate
136th
General Assembly
Regular
Session
S. B. No. 421
2025-2026
Senators Antonio, Manning
Cosponsors: Senators Brenner, Cirino,
Craig, DeMora, Gavarone, Hicks-Hudson, Landis, Patton, Reynolds,
Roegner, Schaffer, Smith, Weinstein, Wilkin
To
amend
section
2305.111
of the Revised Code
to
increase the period of limitations for a civil action for a victim of
a sex offense to five years and to amend the version of section
2305.111 of the Revised Code 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
section 2305.111 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)
"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) of this section, an action for assault or
battery shall be brought within one year
,
or within five years for an action against an individual who
allegedly committed conduct prohibited by Chapter 2907. of the
Revised Code,
after the cause of the action accrues. For purposes of this section,
a cause of action for assault or battery
or
conduct prohibited by Chapter 2907. of the Revised Code
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
or
conduct prohibited by Chapter 2907. of the Revised Code
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) of this section, 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. 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.
(2)
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)
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.
Section
2.
That
existing section 2305.111 of the Revised Code is hereby repealed.
Section
3.
That
the
version of
section
2305.111 of the Revised Code
that
is scheduled to take effect 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)
"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) of this section, an action for assault or
battery shall be brought within one year
,
or within five years for an action against an individual who
allegedly committed conduct prohibited by Chapter 2907. of the
Revised Code,
after the cause of the action accrues. For purposes of this section,
a cause of action for assault or battery
or
conduct prohibited by Chapter 2907. of the Revised Code
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
or
conduct prohibited by Chapter 2907. of the Revised Code
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)
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. 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. 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.
Section
4.
That
the
existing version of
section
2305.111 of the Revised Code
that
is scheduled to take effect October 12, 2028,
is
hereby repealed.
Section
5.
Sections
3 and 4 of this act take effect on October 12, 2028.