SB 421

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  1
  increase the period of limitations for a civil  2
  action for a victim of a sex offense to five  3
  years and to amend the version of section  4
  2305.111 of the Revised Code that is scheduled  5
  to take effect on October 12, 2028, to continue  6
  the change on and after that date.  7
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 2305.111 of the Revised Code be  8
amended to read as follows:  9
     Sec. 2305.111. (A) As used in this section:  10
     (1) "Childhood sexual abuse" means any conduct that  11
constitutes any of the violations identified in division (A)(1)  12
(a) or (b) of this section and would constitute a criminal  13
offense under the specified section of the Revised Code, if the  14
victim of the violation is at the time of the violation a child  15
under eighteen years of age or a child with a developmental  16
disability or physical impairment under twenty-one years of age.  17
The court need not find that any person has been convicted of or  18
pleaded guilty to the offense under the specified section of the  19
S. B. No. 421  Page 2
As Passed by the Senate
Revised Code in order for the conduct that is the violation  20
constituting the offense to be childhood sexual abuse for  21
purposes of this division. This division applies to any of the  22
following violations committed in the following specified  23
circumstances:  24
       (a) A violation of section 2907.02 or section 2907.03 of  25
the Revised Code;  26
       (b) A violation of section 2907.05 or 2907.06 of the  27
Revised Code if, at the time of the violation, any of the  28
following apply:  29
       (i) The actor is the victim's natural parent, adoptive  30
parent, or stepparent or the guardian, custodian, or person in  31
loco parentis of the victim.  32
       (ii) The victim is in custody of law or a patient in a  33
hospital or other institution, and the actor has supervisory or  34
disciplinary authority over the victim.  35
       (iii) The actor is a teacher, administrator, coach, or  36
other person in authority employed by or serving in a school for  37
which the director of education and workforce prescribes minimum  38
standards pursuant to division (D) of section 3301.07 of the  39
Revised Code, the victim is enrolled in or attends that school,  40
and the actor is not enrolled in and does not attend that  41
school.  42
       (iv) The actor is a teacher, administrator, coach, or  43
other person in authority employed by or serving in an  44
institution of higher education, and the victim is enrolled in  45
or attends that institution.  46
       (v) The actor is the victim's athletic or other type of  47
coach, is the victim's instructor, is the leader of a scouting  48
S. B. No. 421  Page 3
As Passed by the Senate
troop of which the victim is a member, or is a person with  49
temporary or occasional disciplinary control over the victim.  50
       (vi) The actor is a mental health professional, the victim  51
is a mental health client or patient of the actor, and the actor  52
induces the victim to submit by falsely representing to the  53
victim that the sexual contact involved in the violation is  54
necessary for mental health treatment purposes.  55
       (vii) The actor is a licensed medical professional, the  56
victim is a patient of the actor, and the sexual contact occurs  57
in the course of medical treatment.  58
       (viii) The victim is confined in a detention facility, and  59
the actor is an employee of that detention facility.  60
       (ix) The actor is a cleric, and the victim is a member of,  61
or attends, the church or congregation served by the cleric.  62
       (2) "Cleric" has the same meaning as in section 2317.02 of  63
the Revised Code.  64
       (3) "Licensed medical professional" has the same meaning  65
as in section 2907.01 of the Revised Code.  66
       (4) "Mental health client or patient" has the same meaning  67
as in section 2305.51 of the Revised Code.  68
       (5) "Mental health professional" has the same meaning as  69
in section 2305.115 of the Revised Code.  70
       (6) "Sexual contact" has the same meaning as in section  71
2907.01 of the Revised Code.  72
       (7) "Victim" means, except as provided in division (B) of  73
this section, a victim of childhood sexual abuse.  74
       (B) Except as provided in section 2305.115 of the Revised  75
S. B. No. 421  Page 4
As Passed by the Senate
Code and subject to division (C) of this section, an action for  76
assault or battery shall be brought within one year, or within  77
five years for an action against an individual who allegedly  78
committed conduct prohibited by Chapter 2907. of the Revised  79
Code, after the cause of the action accrues. For purposes of  80
this section, a cause of action for assault or battery or  81
conduct prohibited by Chapter 2907. of the Revised Code accrues  82
upon the later of the following:  83
       (1) The date on which the alleged assault or battery  84
occurred;  85
       (2) If the plaintiff did not know the identity of the  86
person who allegedly committed the assault or battery or conduct  87
prohibited by Chapter 2907. of the Revised Code on the date on  88
which it allegedly occurred, the earlier of the following dates:  89
       (a) The date on which the plaintiff learns the identity of  90
that person;  91
       (b) The date on which, by the exercise of reasonable  92
diligence, the plaintiff should have learned the identity of  93
that person.  94
       (C)(1) Except as provided in division (C)(2) of this  95
section, an action for assault or battery brought by a victim of  96
childhood sexual abuse based on childhood sexual abuse, or an  97
action brought by a victim of childhood sexual abuse asserting  98
any claim resulting from childhood sexual abuse, shall be  99
brought within twelve years after the cause of action accrues.  100
If the defendant in an action brought by a victim of childhood  101
sexual abuse asserting a claim resulting from childhood sexual  102
abuse that occurs on or after August 3, 2006, has fraudulently  103
concealed from the plaintiff facts that form the basis of the  104
S. B. No. 421  Page 5
As Passed by the Senate
claim, the running of the limitations period with regard to that  105
claim is tolled until the time when the plaintiff discovers or  106
in the exercise of due diligence should have discovered those  107
facts.  108
       (2) Only for purposes of making claims against a  109
bankruptcy estate of an organization chartered under part B of  110
subtitle II of Title 36 of the United States Code, an action for  111
assault or battery brought by a victim of childhood sexual abuse  112
based on childhood sexual abuse, or an action brought by a  113
victim of childhood sexual abuse asserting any claim resulting  114
from childhood sexual abuse, may be brought at any time after  115
the cause of action accrues.  116
       (3) For purposes of this section, a cause of action for  117
assault or battery based on childhood sexual abuse, or a cause  118
of action for a claim resulting from childhood sexual abuse,  119
accrues upon the date on which the victim reaches the age of  120
majority.  121
       Section 2. That existing section 2305.111 of the Revised  122
Code is hereby repealed.  123
       Section 3. That the version of section 2305.111 of the  124
Revised Code that is scheduled to take effect October 12, 2028,  125
be amended to read as follows:  126
       Sec. 2305.111. (A) As used in this section:  127
       (1) "Childhood sexual abuse" means any conduct that  128
constitutes any of the violations identified in division (A)(1)  129
(a) or (b) of this section and would constitute a criminal  130
offense under the specified section of the Revised Code, if the  131
victim of the violation is at the time of the violation a child  132
under eighteen years of age or a child with a developmental  133
S. B. No. 421  Page 6
As Passed by the Senate
disability or physical impairment under twenty-one years of age.  134
The court need not find that any person has been convicted of or  135
pleaded guilty to the offense under the specified section of the  136
Revised Code in order for the conduct that is the violation  137
constituting the offense to be childhood sexual abuse for  138
purposes of this division. This division applies to any of the  139
following violations committed in the following specified  140
circumstances:  141
       (a) A violation of section 2907.02 or section 2907.03 of  142
the Revised Code;  143
       (b) A violation of section 2907.05 or 2907.06 of the  144
Revised Code if, at the time of the violation, any of the  145
following apply:  146
       (i) The actor is the victim's natural parent, adoptive  147
parent, or stepparent or the guardian, custodian, or person in  148
loco parentis of the victim.  149
       (ii) The victim is in custody of law or a patient in a  150
hospital or other institution, and the actor has supervisory or  151
disciplinary authority over the victim.  152
       (iii) The actor is a teacher, administrator, coach, or  153
other person in authority employed by or serving in a school for  154
which the director of education and workforce prescribes minimum  155
standards pursuant to division (D) of section 3301.07 of the  156
Revised Code, the victim is enrolled in or attends that school,  157
and the actor is not enrolled in and does not attend that  158
school.  159
       (iv) The actor is a teacher, administrator, coach, or  160
other person in authority employed by or serving in an  161
institution of higher education, and the victim is enrolled in  162
S. B. No. 421  Page 7
As Passed by the Senate
or attends that institution.  163
       (v) The actor is the victim's athletic or other type of  164
coach, is the victim's instructor, is the leader of a scouting  165
troop of which the victim is a member, or is a person with  166
temporary or occasional disciplinary control over the victim.  167
       (vi) The actor is a mental health professional, the victim  168
is a mental health client or patient of the actor, and the actor  169
induces the victim to submit by falsely representing to the  170
victim that the sexual contact involved in the violation is  171
necessary for mental health treatment purposes.  172
       (vii) The actor is a licensed medical professional, the  173
victim is a patient of the actor, and the sexual contact occurs  174
in the course of medical treatment.  175
       (viii) The victim is confined in a detention facility, and  176
the actor is an employee of that detention facility.  177
       (ix) The actor is a cleric, and the victim is a member of,  178
or attends, the church or congregation served by the cleric.  179
       (2) "Cleric" has the same meaning as in section 2317.02 of  180
the Revised Code.  181
       (3) "Licensed medical professional" has the same meaning  182
as in section 2907.01 of the Revised Code.  183
       (4) "Mental health client or patient" has the same meaning  184
as in section 2305.51 of the Revised Code.  185
       (5) "Mental health professional" has the same meaning as  186
in section 2305.115 of the Revised Code.  187
       (6) "Sexual contact" has the same meaning as in section  188
2907.01 of the Revised Code.  189
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As Passed by the Senate
       (7) "Victim" means, except as provided in division (B) of  190
this section, a victim of childhood sexual abuse.  191
       (B) Except as provided in section 2305.115 of the Revised  192
Code and subject to division (C) of this section, an action for  193
assault or battery shall be brought within one year, or within  194
five years for an action against an individual who allegedly  195
committed conduct prohibited by Chapter 2907. of the Revised  196
Code, after the cause of the action accrues. For purposes of  197
this section, a cause of action for assault or battery or  198
conduct prohibited by Chapter 2907. of the Revised Code accrues  199
upon the later of the following:  200
       (1) The date on which the alleged assault or battery  201
occurred;  202
       (2) If the plaintiff did not know the identity of the  203
person who allegedly committed the assault or battery or conduct  204
prohibited by Chapter 2907. of the Revised Code on the date on  205
which it allegedly occurred, the earlier of the following dates:  206
       (a) The date on which the plaintiff learns the identity of  207
that person;  208
       (b) The date on which, by the exercise of reasonable  209
diligence, the plaintiff should have learned the identity of  210
that person.  211
       (C) An action for assault or battery brought by a victim  212
of childhood sexual abuse based on childhood sexual abuse, or an  213
action brought by a victim of childhood sexual abuse asserting  214
any claim resulting from childhood sexual abuse, shall be  215
brought within twelve years after the cause of action accrues.  216
For purposes of this section, a cause of action for assault or  217
battery based on childhood sexual abuse, or a cause of action  218
S. B. No. 421  Page 9
As Passed by the Senate
for a claim resulting from childhood sexual abuse, accrues upon  219
the date on which the victim reaches the age of majority. If the  220
defendant in an action brought by a victim of childhood sexual  221
abuse asserting a claim resulting from childhood sexual abuse  222
that occurs on or after August 3, 2006, has fraudulently  223
concealed from the plaintiff facts that form the basis of the  224
claim, the running of the limitations period with regard to that  225
claim is tolled until the time when the plaintiff discovers or  226
in the exercise of due diligence should have discovered those  227
facts.  228
       Section 4. That the existing version of section 2305.111  229
of the Revised Code that is scheduled to take effect October 12,  230
2028, is hereby repealed.  231
       Section 5. Sections 3 and 4 of this act take effect on  232
October 12, 2028.  233