OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 266 Bill Analysis
134th General Assembly
Click here for H.B. 266’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Galonski and Miranda
Effective Date:
Aida S. Montano, Research Analyst
SUMMARY
Statute of limitations for childhood sexual abuse
Modifies the statute of limitations for a childhood sexual abuse action by providing that
the action must be brought at any time until the victim reaches age 55 and allows an
action against a perpetrator of the childhood sexual abuse or an entity that negligently
facilitated that sexual abuse.
Removes a provision that states that a childhood sexual abuse action accrues on the
date on which the victim reaches the age of majority.
Modifies when a childhood sexual abuse victim may bring an action if the defendant in a
childhood sexual abuse action brought by a childhood sexual abuse victim asserting a
claim resulting from childhood sexual abuse that occurs after August 3, 2006, has
fraudulently concealed from the plaintiff facts that form the basis of the claim.
Allows for the revival of a childhood sexual abuse action if the action is otherwise barred
on the effective date of the bill and allows a childhood sexual abuse action to be
commenced within three years after the effective date of the bill.
Statute of limitations for rape
Eliminates the period of limitation for prosecuting rape or a conspiracy or attempt to
commit, or complicity in committing, rape.
Requires biological evidence related to the investigation or prosecution of a rape or
attempted rape to be preserved for as long as the offense remains unsolved.
States that there is no period of limitations for a civil action brought by a victim of
conduct that would constitute rape, or conspiracy to commit, complicity in committing,
or attempting to commit rape, against the person who committed that conduct.
December 6, 2021
Office of Research and Drafting LSC Legislative Budget Office
Elimination of spousal exemption from rape
Eliminates the exception to rape if the sexual conduct is with the spouse of the offender
or the spouse of the offender who is living separate and apart from the offender.
DETAILED ANALYSIS
Statute of limitations for childhood sexual abuse
The bill modifies the existing statute of limitations for an action for assault and battery
brought by a childhood sexual abuse victim based on childhood sexual abuse, or an action
brought by a victim of childhood sexual abuse asserting any claim resulting from childhood
sexual abuse. Under existing law, the action must be brought within 12 years after the cause of
action accrues.
Under the bill, generally, an action must be brought at any time until the victim reaches
age 55 if both of the following apply:1
The action is either of the following:
For assault or battery brought by a victim of childhood sexual abuse based on
childhood sexual abuse; or
Brought by a victim of childhood sexual abuse asserting any claim resulting from
childhood sexual abuse.
The action is against a perpetrator of the childhood sexual abuse or an entity that
negligently facilitated that sexual abuse.
The bill removes the existing law provision that states that 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.2
Under existing law, if the defendant in an action brought by a childhood sexual abuse
victim asserting a claim resulting from childhood sexual abuse that occurs 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. The bill
modifies this provision by instead providing that if the plaintiff discovers those facts after
reaching age 55, the plaintiff may bring an action asserting a claim resulting from the childhood
1 R.C. 2305.111(C)(1).
2 R.C. 2305.111(C).
P a g e |2 H.B. 266
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
sexual abuse not later than three years after the date of the discovery of those facts that form
the basis of the claim.3
Revival of childhood sexual abuse action
Under the bill, if, on the effective date of this amendment, a cause of action for assault
or battery based on childhood sexual abuse or a claim resulting from childhood sexual abuse is
barred due to the expiration of the applicable period of limitation of that action or claim that
was in effect prior to the effective date of the bill, that cause of action or claim must be revived
and an action for assault or battery by the victim of the childhood sexual abuse based on
childhood sexual abuse or a claim resulting from childhood sexual abuse asserted by the victim
of that childhood sexual abuse may be commenced within three years after the effective date
of the bill.4
Statute of limitations for rape
The bill eliminates the period of limitation for prosecuting rape or a conspiracy or
attempt to commit, or complicity in committing, rape.5 Currently, subject to certain exceptions,
a prosecution for rape or a conspiracy or attempt to commit, or complicity in committing, rape
is barred unless it is commenced within 25 years after the offense was committed.6
The bill removes the following provisions in current law:7
If a DNA record made in connection with the criminal investigation of the commission of
rape is determined to match another DNA record that is of an identifiable person and if
the time of the determination is later than 25 years after the offense is committed,
prosecution of that person for rape may be commenced within five years after the
determination is complete.
If a DNA record made in connection with the criminal investigation of the commission of
rape is determined to match another DNA record that is of an identifiable person and if
the time of the determination is within 25 years after the offense is committed,
prosecution of that person for rape may be commenced within the longer of 25 years
after the offense is committed or five years after the determination is complete.
Preservation of biological evidence
The bill requires any “government evidence-retention entity” that secures any
“biological evidence” in relation to an investigation or prosecution of rape or a delinquent act
that would constitute rape if committed by an adult, to secure biological evidence in relation to
3 R.C. 2305.111(C)(2).
4 R.C. 2305.111(D).
5 R.C. 2901.13(A)(2).
6 R.C. 2901.13(A)(4).
7 R.C. 2901.13(D).
P a g e |3 H.B. 266
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
a rape or attempted rape for the period of time that offense or delinquent act remains
unsolved.8 Currently, a government evidence-retention entity must secure biological evidence
of rape or attempted rape for 30 years if the offense or act remains unsolved.9
Continuing law defines the following:10
“Government evidence retention entity” means any law enforcement agency,
prosecutor’s office, court, public hospital, crime laboratory, or other governmental or
public entity or individual within Ohio that is charged with the collection, storage, or
retrieval of biological evidence, or any official or employee of any such entity or
individual.
“Biological evidence” means the contents of a sexual assault examination kit, or any
item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone,
bodily fluids, or any other identifiable biological material that was collected as part of a
criminal investigation or delinquent child investigation and that reasonably may be used
to incriminate or exculpate any person for an offense or delinquent act.11
Under existing law not changed by the bill, if any person is convicted of or pleads guilty
to an offense, including rape, or is adjudicated a delinquent child for committing the delinquent
act, the biological evidence must be secured for the earlier of the following:
1. The expiration of the latest of the following periods of time that apply to the person: the
period of time that the person is incarcerated, is in a Department of Youth Services
institution or other juvenile facility, is under a community control sanction for that
offense, is under any order of disposition for that act, is on probation or parole for that
offense, is under judicial release or supervised release for that act, is under post-release
control for that offense, is involved in civil litigation in connection with that offense or
act, or is subject to registration and other duties imposed for that offense or act under
the Sexual Offense Registration and Notification Law; or
2. 30 years.
If after the period of 30 years the person remains incarcerated, the governmental evidence-
retention entity must secure the biological evidence until the person is released from
incarceration or dies.12
8 R.C. 2933.82(B)(1)(a).
9 R.C. 2933.82(B)(1)(b).
10 R.C. 2933.82(A)(1) and (5).
11 R.C. 2933.82(A)(1)
12 R.C. 2933.82(B)(1)(c).
P a g e |4 H.B. 266
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Period of limitations for civil action for conduct constituting rape
The bill provides that notwithstanding any other section of the Revised Code to the
contrary, there is no period of limitations for a civil action brought by a victim of conduct that
would constitute rape or conspiracy to commit, complicity in committing, or attempting to
commit rape.13
Elimination of spousal exemption from rape
Existing law prohibits any person from engaging in sexual conduct that constitutes rape
with another who is not the spouse of the offender or who is the spouse of the offender but is
living separate and apart from the offender. The bill eliminates the exception to rape if the
sexual conduct is with the spouse of the offender or the spouse of the offender who is living
separate and apart from the offender.14
HISTORY
Action Date
Introduced 04-21-21
H0266-I-134/ar
13 R.C. 2305.118.
14 R.C. 2907.02(A)(1).
P a g e |5 H.B. 266
As Introduced
Statutes affected: As Introduced: 2305.111, 2901.13, 2907.02, 2933.82