As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              Am. H. B. No. 421  5            

      1997-1998                                                    6            


REPRESENTATIVES LUEBBERS-BATCHELDER-VESPER-PADGETT-WHALEN-GARDNER-  8            

BUCHY-MAIER-WESTON-TIBERI-HARRIS-ROMAN-CLANCY-WINKLER-KRUPINSKI-   9            

  LOGAN-COLONNA-BATEMAN-NETZLEY-KASPUTIS-VAN VYVEN-OGG-SULZER-     10           

  BRADING-SCHULER-WACHTMANN-VERICH-JAMES-JERSE-GRENDELL-JORDAN-    11           

   KREBS-HOTTINGER-CATES-AMSTUTZ-CAREY-FOX-COUGHLIN-CALLENDER-     12           

      HAINES-HOOD-WISE-CORE-METZGER-TAYLOR-YOUNG-WILLIAMS-         13           

    HOUSEHOLDER-MOTTLEY-MYERS-HODGES-SCHUCK-SCHURING-O'BRIEN-      14           

             MASON-JOHNSON-JACOBSON-THOMAS-THOMPSON                15           


                                                                   17           

                           A   B I L L                                          

             To amend sections 149.43 and 2317.56 and to enact     19           

                sections 2919.121 and 2919.122 of the Revised      20           

                Code regarding patient notification prior to an    21           

                abortion and to require either parental or         22           

                judicial consent before an abortion is performed   23           

                or induced on a pregnant unemancipated  minor.     24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 149.43 and 2317.56 be amended and  27           

sections 2919.121 and 2919.122 of the Revised Code be enacted to   28           

read as follows:                                                   29           

      Sec. 149.43.  (A)  As used in this section:                  38           

      (1)  "Public record" means any record that is kept by any    40           

public office, including, but not limited to, state, county,       41           

city, village, township, and school district units, except that    43           

"public record" does not mean any of the following:                             

      (a)  Medical records;                                        45           

      (b)  Records pertaining to probation and parole              47           

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85     49           

                                                          2      

                                                                 
AND DIVISION (C) OF SECTION 2919.121 of the Revised Code and to    51           

appeals of actions arising under that section THOSE SECTIONS;      52           

      (d)  Records pertaining to adoption proceedings, including   54           

the contents of an adoption file maintained by the department of   55           

health under section 3705.12 of the Revised Code;                  56           

      (e)  Information in a record contained in the putative       58           

father registry established by section 3107.062 of the Revised     59           

Code, regardless of whether the information is held by the         60           

department of human services or, pursuant to section 5101.313 of   61           

the Revised Code, the division of child support in the department  62           

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    64           

the Revised Code or specified in division (A) of section 3107.52   65           

of the Revised Code;                                                            

      (g)  Trial preparation records;                              67           

      (h)  Confidential law enforcement investigatory records;     69           

      (i)  Records containing information that is confidential     71           

under section 2317.023 or 4112.05 of the Revised Code;             72           

      (j)  DNA records stored in the DNA database pursuant to      75           

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            77           

rehabilitation and correction to the department of youth services  79           

or a court of record pursuant to division (E) of section 5120.21   80           

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  82           

pertaining to children in its custody released by the department   83           

of youth services to the department of rehabilitation and          84           

correction pursuant to section 5139.05 of the Revised Code;        85           

      (m)  Intellectual property records;                          87           

      (n)  Donor profile records;                                  89           

      (o)  Records maintained by the department of human services  91           

pursuant to section 5101.312 of the Revised Code;                  92           

      (p)  Records the release of which is prohibited by state or  94           

federal law.                                                       95           

                                                          3      

                                                                 
      (2)  "Confidential law enforcement investigatory record"     97           

means any record that pertains to a law enforcement matter of a    98           

criminal, quasi-criminal, civil, or administrative nature, but     99           

only to the extent that the release of the record would create a   100          

high probability of disclosure of any of the following:            101          

      (a)  The identity of a suspect who has not been charged      103          

with the offense to which the record pertains, or of an            104          

information source or witness to whom confidentiality has been     105          

reasonably promised;                                               106          

      (b)  Information provided by an information source or        108          

witness to whom confidentiality has been reasonably promised,      109          

which information would reasonably tend to disclose the source's   110          

or witness's identity;                                             111          

      (c)  Specific confidential investigatory techniques or       113          

procedures or specific investigatory work product;                 114          

      (d)  Information that would endanger the life or physical    116          

safety of law enforcement personnel, a crime victim, a witness,    117          

or a confidential information source.                              118          

      (3)  "Medical record" means any document or combination of   120          

documents, except births, deaths, and the fact of admission to or  121          

discharge from a hospital, that pertains to the medical history,   122          

diagnosis, prognosis, or medical condition of a patient and that   123          

is generated and maintained in the process of medical treatment.   124          

      (4)  "Trial preparation record" means any record that        126          

contains information that is specifically compiled in reasonable   127          

anticipation of, or in defense of, a civil or criminal action or   128          

proceeding, including the independent thought processes and        129          

personal trial preparation of an attorney.                         130          

      (5)  "Intellectual property record" means a record, other    133          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     134          

higher learning in the conduct of or as a result of study or       135          

research on an educational, commercial, scientific, artistic,      136          

technical, or scholarly issue, regardless of whether the study or  137          

                                                          4      

                                                                 
research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      139          

been publicly released, published, or patented.                    140          

      (6)  "Donor profile record" means all records about donors   142          

or potential donors to a public institution of higher education    143          

except the names and reported addresses of the actual donors and   144          

the date, amount, and conditions of the actual donation.           145          

      (B)  All public records shall be promptly prepared and made  147          

available for inspection to any person at all reasonable times     148          

during regular business hours.  Upon request, a person             149          

responsible for public records shall make copies available at      150          

cost, within a reasonable period of time.  In order to facilitate  151          

broader access to public records, governmental units shall         152          

maintain public records in a manner that they can be made          153          

available for inspection in accordance with this division.         154          

      (C)  If a person allegedly is aggrieved by the failure of a  156          

governmental unit to promptly prepare a public record and to make  157          

it available to the person for inspection in accordance with       158          

division (B) of this section, or if a person who has requested a   160          

copy of a public record allegedly is aggrieved by the failure of   161          

a person responsible for the public record to make a copy          162          

available to the person allegedly aggrieved in accordance with     164          

division (B) of this section, the person allegedly aggrieved may   165          

commence a mandamus action to obtain a judgment that orders the    166          

governmental unit or the person responsible for the public record  167          

to comply with division (B) of this section and that awards        168          

reasonable attorney's fees to the person that instituted the       169          

mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  170          

section allegedly was not complied with, in the supreme court      171          

pursuant to its original jurisdiction under Section 2 of Article   172          

IV, Ohio Constitution, or in the court of appeals for the          173          

appellate district in which division (B) of this section           174          

allegedly was not complied with pursuant to its original           175          

                                                          5      

                                                                 
jurisdiction under Section 3 of Article IV, Ohio Constitution.     176          

      (D)  Chapter 1347. of the Revised Code does not limit the    178          

provisions of this section.                                        179          

      (E)(1)  The bureau of motor vehicles may adopt rules         181          

pursuant to Chapter 119. of the Revised Code to reasonably limit   183          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      184          

calendar year.  The rules may include provisions for charges to    185          

be made for bulk commercial special extraction requests for the    187          

actual cost of the bureau, plus special extraction costs, plus     188          

ten per cent.  The bureau may charge for expenses for redacting    189          

information, the release of which is prohibited by law.            190          

      (2)  As used in division (E)(1) of this section:             192          

      (a)  "Actual cost" means the cost of depleted supplies,      194          

records storage media costs, actual mailing and alternative        195          

delivery costs, or other transmitting costs, and any direct        196          

equipment operating and maintenance costs, including actual costs  197          

paid to private contractors for copying services.                  198          

      (b)  "Bulk commercial special extraction request" means a    200          

request for copies of a record for information in a format other   201          

than the format already available, or information that cannot be   202          

extracted without examination of all items in a records series,    203          

class of records, or data base by a person who intends to use or   204          

forward the copies for surveys, marketing, solicitation, or        205          

resale for commercial purposes.  "Bulk commercial special          206          

extraction request" does not include a request by a person who     207          

gives assurance to the bureau that the person making the request   208          

does not intend to use or forward the requested copies for         209          

surveys, marketing, solicitation, or resale for commercial         210          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   212          

or selling of any good, service, or other product.                 213          

      (d)  "Special extraction costs" means the cost of the time   215          

spent by the lowest paid employee competent to perform the task,   216          

                                                          6      

                                                                 
the actual amount paid to outside private contractors employed by  217          

the bureau, or the actual cost incurred to create computer         218          

programs to make the special extraction.  "Special extraction      219          

costs" include any charges paid to a public agency for computer                 

or records services.                                               220          

      (3)  For purposes of divisions (E)(1) and (2) of this        223          

section, "commercial surveys, marketing, solicitation, or resale"  224          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       226          

citizen oversight or understanding of the operation or activities  227          

of government, or nonprofit educational research.                  228          

      Sec. 2317.56.  (A)  As used in this section:                 237          

      (1)  "Medical emergency" means a condition of a pregnant     239          

woman that, in the reasonable judgment of the physician who is     240          

attending the woman, creates an immediate threat of serious risk   241          

to the life or physical health of the woman from the continuation  242          

of her THE pregnancy necessitating the immediate performance or    243          

inducement of an abortion.                                         244          

      (2)  "Medical necessity" means a medical condition of a      246          

pregnant woman that, in the reasonable judgment of the physician   247          

who is attending the woman, so complicates the pregnancy that it   248          

necessitates the immediate performance or inducement of an         249          

abortion.                                                          250          

      (3)  "Probable gestational age of the embryo or fetus"       252          

means the gestational age that, in the judgment of a physician,    253          

is, with reasonable probability, the gestational age of the        254          

embryo or fetus at the time that the physician informs a pregnant  255          

woman pursuant to division (B)(1)(b) of this section.              256          

      (B)  Except when there is a medical emergency or medical     258          

necessity, an abortion shall be performed or induced only if all   259          

of the following conditions are satisfied:                         260          

      (1)  At least twenty-four hours prior to the performance or  262          

inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT    263          

WOMAN IN PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER    264          

                                                          7      

                                                                 
AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS ABOUT THE ABORTION THAT   265          

WILL BE PERFORMED OR INDUCED.  AT THIS MEETING, THE physician      266          

informs SHALL INFORM the pregnant woman, verbally or, IF SHE IS    268          

HEARING IMPAIRED, by other nonwritten means of communication, of   269          

all of the following:                                              270          

      (a)  The nature and purpose of the particular abortion       272          

procedure to be used and the medical risks associated with that    273          

procedure;                                                         274          

      (b)  The probable gestational age of the embryo or fetus;    276          

      (c)  The medical risks associated with the pregnant woman    278          

carrying her THE pregnancy to term.                                279          

      (2)  A physician provides the pregnant woman with the        281          

information described in division (B)(1) of this section in an     282          

individual, private setting and gives her an adequate opportunity  283          

to ask questions about the abortion that will be performed or      284          

induced;                                                           285          

      (3)  THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE    287          

ABORTION IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN          288          

INVOLVED IN THE MEETING NEED NOT BE AFFILIATED WITH THAT FACILITY  289          

OR WITH THE PHYSICIAN WHO IS SCHEDULED TO PERFORM OR INDUCE THE    290          

ABORTION.                                                                       

      (2)  At least twenty-four hours prior to the performance or  292          

inducement of the abortion, one or more physicians or one or more  293          

agents of one or more physicians do each of the following in       294          

person, by telephone, by certified mail, return receipt            295          

requested, or by regular mail evidenced by a certificate of        296          

mailing:                                                           297          

      (a)  Inform the pregnant woman of the name of the physician  299          

who is scheduled to perform or induce the abortion;                300          

      (b)  Give the pregnant woman copies of the published         302          

materials described in division (C) of this section;               303          

      (c)  Inform the pregnant woman that the materials given to   305          

her pursuant to division (B)(3)(2)(b) of this section are          306          

provided by the state and that they describe the embryo or fetus   308          

                                                          8      

                                                                 
and list agencies that offer alternatives to abortion.  The        309          

pregnant woman may choose to examine or not to examine the         310          

materials.  A physician or an agent of a physician may             311          

disassociate himself CHOOSE TO BE DISASSOCIATED from the           312          

materials and may choose to comment or not comment on the          314          

materials.                                                                      

      (4)(3)  Prior to the performance or inducement of the        316          

abortion, the pregnant woman signs a form consenting to the        317          

abortion and certifies both of the following on that form:         318          

      (a)  She has received the information and materials          320          

described in divisions (B)(1), AND (2), and (3) of this section,   322          

and her questions about the abortion that will be performed or     323          

induced have been answered in a satisfactory manner.               324          

      (b)  She consents to the particular abortion voluntarily,    326          

knowingly, intelligently, and without coercion by any person, and  327          

she is not under the influence of any drug of abuse or alcohol.    328          

      (5)(4)  Prior to the performance or inducement of the        330          

abortion, the physician who is scheduled to perform or induce the  331          

abortion or his THE PHYSICIAN'S agent receives a copy of the       332          

pregnant woman's signed form on which she consents to the          334          

abortion and that includes the certification required by division  335          

(B)(4)(3) of this section.                                         337          

      (C)  The department of health shall cause to be published    339          

in English and in Spanish, in a typeface large enough to be        340          

clearly legible, and in an easily comprehensible format, the       341          

following materials:                                               342          

      (1)  Materials that inform the pregnant woman about family   344          

planning information, of publicly funded agencies that are         345          

available to assist her in family planning, and of public and      346          

private agencies and services that are available to assist her     347          

through her THE pregnancy, upon childbirth, and while her THE      349          

child is dependent, including, but not limited to, adoption        350          

agencies.  The materials shall be geographically indexed; include  351          

a comprehensive list of the available agencies, a description of   352          

                                                          9      

                                                                 
the services offered by the agencies, and the telephone numbers    353          

and addresses of the agencies; and inform the pregnant woman       354          

about available medical assistance benefits for prenatal care,     355          

childbirth, and neonatal care and about the support obligations    356          

of the father of a child who is born alive.  The department shall  357          

ensure that the materials described in division (C)(1) of this     358          

section are comprehensive and do not directly or indirectly        359          

promote, exclude, or discourage the use of any agency or service   360          

described in this division.                                        361          

      (2)  Materials that inform the pregnant woman of the         363          

probable anatomical and physiological characteristics of the       364          

zygote, blastocyte, embryo, or fetus at two-week gestational       365          

increments for the first sixteen weeks of her pregnancy and at     366          

four-week gestational increments from the seventeenth week of her  367          

pregnancy to full term, including any relevant information         368          

regarding the time at which the fetus possibly would be viable.    369          

The department shall cause these materials to be published only    370          

after it consults with the Ohio state medical association and the  371          

Ohio section of the American college of obstetricians and          372          

gynecologists relative to the probable anatomical and              373          

physiological characteristics of a zygote, blastocyte, embryo, or  374          

fetus at the various gestational increments.  The materials shall  375          

use language that is understandable by the average person who is   376          

not medically trained, shall be objective and nonjudgmental, and   377          

shall include only accurate scientific information about the       378          

zygote, blastocyte, embryo, or fetus at the various gestational    379          

increments.  If the materials use a pictorial, photographic, or    380          

other depiction to provide information regarding the zygote,       381          

blastocyte, embryo, or fetus, the materials shall include, in a    382          

conspicuous manner, a scale or other explanation that is           383          

understandable by the average person and that can be used to       384          

determine the actual size of the zygote, blastocyte, embryo, or    385          

fetus at a particular gestational increment as contrasted with     386          

the depicted size of the zygote, blastocyte, embryo, or fetus at   387          

                                                          10     

                                                                 
that gestational increment.                                        388          

      (D)  Upon the submission of a request to the department of   390          

health by any person, hospital, physician, or medical facility     391          

for one or more copies of the materials published in accordance    392          

with division (C) of this section, the department shall make the   394          

requested number of copies of the materials available to the       395          

person, hospital, physician, or medical facility that requested    396          

the copies.                                                                     

      (E)  If a medical emergency or medical necessity compels     398          

the performance or inducement of an abortion, the physician who    399          

will perform or induce the abortion, prior to its performance or   400          

inducement if possible, shall inform the pregnant woman of the     401          

medical indications supporting his THE PHYSICIAN'S judgment that   402          

an immediate abortion is necessary.  Any physician who performs    404          

or induces an abortion without the prior satisfaction of the       405          

conditions specified in division (B) of this section because of a  406          

medical emergency or medical necessity shall enter the reasons     407          

for his THE conclusion that a medical emergency or medical         409          

necessity exists in the medical record of the pregnant woman.      410          

      (F)  If the conditions specified in division (B) of this     412          

section are satisfied, consent to an abortion shall be presumed    413          

to be valid and effective.                                         414          

      (G)  The performance or inducement of an abortion without    416          

the prior satisfaction of the conditions specified in division     417          

(B) of this section does not constitute, and shall not be          418          

construed as constituting, a violation of division (A) of section  419          

2919.12 of the Revised Code.  The failure of a physician to        420          

satisfy the conditions of division (B) of this section prior to    421          

performing or inducing an abortion upon a pregnant woman may be    422          

the basis of both of the following:                                423          

      (1)  A civil action for compensatory and exemplary damages   425          

as described in division (H) of this section;                      426          

      (2)  Disciplinary action under section 4731.22 of the        428          

Revised Code.                                                      429          

                                                          11     

                                                                 
      (H)(1)  Subject to divisions (H)(2) and (3) of this          431          

section, any physician who performs or induces an abortion with    432          

actual knowledge that the conditions specified in division (B) of  433          

this section have not been satisfied or with a heedless            434          

indifference as to whether those conditions have been satisfied    435          

is liable in compensatory and exemplary damages in a civil action  436          

to any person, or the representative of the estate of any person,  437          

who sustains injury, death, or loss to person or property as a     438          

result of the failure to satisfy those conditions.  In the civil   439          

action, the court additionally may enter any injunctive or other   440          

equitable relief that it considers appropriate.                    441          

      (2)  The following shall be affirmative defenses in a civil  443          

action authorized by division (H)(1) of this section:              444          

      (a)  The physician performed or induced the abortion under   446          

the circumstances described in division (E) of this section.       447          

      (b)  The physician made a good faith effort to satisfy the   449          

conditions specified in division (B) of this section.              450          

      (c)  The physician or an agent of the physician requested    452          

copies of the materials published in accordance with division (C)  453          

of this section from the department of health, but the physician   455          

was not able to give a pregnant woman copies of the materials      456          

pursuant to division (B)(3)(2) of this section and to obtain a     458          

certification as described in divisions (B)(4)(3) and (5)(4) of    460          

this section because the department failed to make the requested   461          

number of copies available to the physician or his agent in        462          

accordance with division (D) of this section.                                   

      (3)  An employer or other principal is not liable in         464          

damages in a civil action authorized by division (H)(1) of this    465          

section on the basis of the doctrine of respondeat superior        466          

unless either of the following applies:                            467          

      (a)  The employer or other principal had actual knowledge    469          

or, by the exercise of reasonable diligence, should have known     470          

that his AN employee or agent performed or induced an abortion     471          

with actual knowledge that the conditions specified in division    473          

                                                          12     

                                                                 
(B) of this section had not been satisfied or with a heedless      474          

indifference as to whether those conditions had been satisfied.    475          

      (b)  The employer or other principal negligently failed to   477          

secure the compliance of his AN employee or agent with division    478          

(B) of this section.                                               480          

      (4)  Notwithstanding division (E) of section 2919.12 of the  482          

Revised Code, the civil action authorized by division (H)(1) of    483          

this section shall be the exclusive civil remedy for persons, or   484          

the representatives of estates of persons, who allegedly sustain   485          

injury, death, or loss to person or property as a result of a      486          

failure to satisfy the conditions specified in division (B) of     487          

this section.                                                      488          

      (I)  The department of human services shall prepare and      490          

conduct a public information program to inform women of all        491          

available governmental programs and agencies that provide          492          

services or assistance for family planning, prenatal care, child   493          

care, or alternatives to abortion.                                 494          

      Sec. 2919.121.  (A)  FOR THE PURPOSE OF THIS SECTION, A      496          

MINOR SHALL BE CONSIDERED "EMANCIPATED" IF THE MINOR HAS MARRIED,  497          

ENTERED THE ARMED SERVICES OF THE UNITED STATES, BECOME EMPLOYED   499          

AND SELF-SUBSISTING, OR HAS OTHERWISE BECOME INDEPENDENT FROM THE  501          

CARE AND CONTROL OF HER PARENT, GUARDIAN, OR CUSTODIAN.            503          

      (B)  NO PERSON SHALL KNOWINGLY PERFORM OR INDUCE AN          505          

ABORTION UPON A PREGNANT MINOR UNLESS ONE OF THE FOLLOWING IS THE  506          

CASE:                                                                           

      (1)  THE ATTENDING PHYSICIAN HAS SECURED THE INFORMED        508          

WRITTEN CONSENT OF THE MINOR AND ONE PARENT, GUARDIAN, OR          509          

CUSTODIAN;                                                                      

      (2)  THE MINOR IS EMANCIPATED AND THE ATTENDING PHYSICIAN    511          

HAS RECEIVED HER WRITTEN INFORMED CONSENT;                         512          

      (3)  THE MINOR HAS BEEN AUTHORIZED TO CONSENT TO THE         514          

ABORTION BY A COURT ORDER ISSUED PURSUANT TO DIVISION (C) OF THIS  515          

SECTION, AND THE ATTENDING PHYSICIAN HAS RECEIVED HER INFORMED     516          

WRITTEN CONSENT;                                                                

                                                          13     

                                                                 
      (4)  THE COURT HAS GIVEN ITS CONSENT IN ACCORDANCE WITH      518          

DIVISION (C) OF THIS SECTION AND THE MINOR IS HAVING THE ABORTION  519          

WILLINGLY.                                                         520          

      (C)  THE RIGHT OF A MINOR TO CONSENT TO AN ABORTION UNDER    522          

DIVISION (B)(3) OF THIS SECTION OR JUDICIAL CONSENT TO OBTAIN AN   523          

ABORTION UNDER DIVISION (B)(4) OF THIS SECTION MAY BE GRANTED BY   525          

A COURT ORDER PURSUANT TO THE FOLLOWING PROCEDURES:                526          

      (1)  THE MINOR OR NEXT FRIEND SHALL MAKE AN APPLICATION TO   528          

THE JUVENILE COURT OF THE COUNTY IN WHICH THE MINOR HAS A          529          

RESIDENCE OR LEGAL SETTLEMENT, THE JUVENILE COURT OF ANY COUNTY    531          

THAT BORDERS THE COUNTY IN WHICH SHE HAS A RESIDENCE OR LEGAL      532          

SETTLEMENT, OR THE JUVENILE COURT OF THE COUNTY IN WHICH THE                    

FACILITY IN WHICH THE ABORTION WOULD BE PERFORMED OR INDUCED IS    533          

LOCATED.  THE JUVENILE COURT SHALL ASSIST THE MINOR OR NEXT        534          

FRIEND IN PREPARING THE PETITION AND NOTICES REQUIRED BY THIS      535          

SECTION.  THE MINOR OR NEXT FRIEND SHALL THEREAFTER FILE A         536          

PETITION SETTING FORTH ALL OF THE FOLLOWING:  THE INITIALS OF THE               

MINOR; HER AGE; THE NAMES AND ADDRESSES OF EACH PARENT, GUARDIAN,  538          

CUSTODIAN, OR, IF THE MINOR'S PARENTS ARE DECEASED AND NO          539          

GUARDIAN HAS BEEN APPOINTED, ANY OTHER PERSON STANDING IN LOCO     540          

PARENTIS OF THE MINOR; THAT THE MINOR HAS BEEN FULLY INFORMED OF   541          

THE RISKS AND CONSEQUENCES OF THE ABORTION; THAT THE MINOR IS OF                

SOUND MIND AND HAS SUFFICIENT INTELLECTUAL CAPACITY TO CONSENT TO  542          

THE ABORTION; THAT THE MINOR HAS NOT PREVIOUSLY FILED A PETITION   544          

UNDER THIS SECTION CONCERNING THE SAME PREGNANCY THAT WAS DENIED   545          

ON THE MERITS; THAT, IF THE COURT DOES NOT AUTHORIZE THE MINOR TO  547          

CONSENT TO THE ABORTION, THE COURT SHOULD FIND THAT THE ABORTION   548          

IS IN THE BEST INTERESTS OF THE MINOR AND GIVE JUDICIAL CONSENT    549          

TO THE ABORTION; THAT THE COURT SHOULD APPOINT A GUARDIAN AD                    

LITEM; AND IF THE MINOR DOES NOT HAVE PRIVATE COUNSEL, THAT THE    551          

COURT SHOULD APPOINT COUNSEL.  THE PETITION SHALL BE SIGNED BY     552          

THE MINOR OR THE NEXT FRIEND.                                                   

      (2)  A HEARING ON THE MERITS SHALL BE HELD ON THE RECORD AS  554          

SOON AS POSSIBLE WITHIN FIVE DAYS OF FILING THE PETITION.  IF THE  555          

                                                          14     

                                                                 
MINOR HAS NOT RETAINED COUNSEL, THE COURT SHALL APPOINT COUNSEL    556          

AT LEAST TWENTY-FOUR HOURS PRIOR TO THE HEARING.  THE COURT SHALL  557          

APPOINT A GUARDIAN AD LITEM TO PROTECT THE INTERESTS OF THE MINOR  558          

AT THE HEARING.  IF THE GUARDIAN AD LITEM IS AN ATTORNEY ADMITTED  559          

TO THE PRACTICE OF LAW IN THIS STATE, THE COURT MAY APPOINT THE    560          

GUARDIAN AD LITEM TO SERVE AS THE MINOR'S COUNSEL.  AT THE                      

HEARING, THE COURT SHALL HEAR EVIDENCE RELATING TO THE EMOTIONAL   562          

DEVELOPMENT, MATURITY, INTELLECT, AND UNDERSTANDING OF THE MINOR;               

THE NATURE, POSSIBLE CONSEQUENCES, AND ALTERNATIVES TO THE         564          

ABORTION; AND ANY OTHER EVIDENCE THAT THE COURT MAY FIND USEFUL    565          

IN DETERMINING WHETHER THE MINOR SHOULD BE GRANTED THE RIGHT TO    567          

CONSENT TO THE ABORTION OR WHETHER THE ABORTION IS IN THE BEST     568          

INTERESTS OF THE MINOR.  IF THE MINOR OR HER COUNSEL FAIL TO                    

APPEAR FOR A SCHEDULED HEARING, JURISDICTION SHALL REMAIN WITH     569          

THE JUDGE WHO WOULD HAVE PRESIDED AT THE HEARING.                  570          

      (3)  IF THE COURT FINDS THAT THE MINOR IS SUFFICIENTLY       573          

MATURE AND WELL ENOUGH INFORMED TO DECIDE INTELLIGENTLY WHETHER                 

TO HAVE AN ABORTION, THE COURT SHALL GRANT THE PETITION AND        574          

PERMIT THE MINOR TO CONSENT TO THE ABORTION.                       576          

      IF THE COURT FINDS THAT THE ABORTION IS IN THE BEST          578          

INTERESTS OF THE MINOR, THE COURT SHALL GIVE JUDICIAL CONSENT TO   579          

THE ABORTION, SETTING FORTH THE GROUNDS FOR ITS FINDING.           580          

      IF THE COURT DOES NOT MAKE EITHER OF THE FINDINGS SPECIFIED  583          

IN DIVISION (C)(3) OF THIS SECTION, THE COURT SHALL DENY THE       584          

PETITION, SETTING FORTH THE GROUNDS ON WHICH THE PETITION IS                    

DENIED.                                                                         

      THE COURT SHALL ISSUE ITS ORDER NOT LATER THAN TWENTY-FOUR   586          

HOURS AFTER THE END OF THE HEARING.                                587          

      (4)  NO JUVENILE COURT SHALL HAVE JURISDICTION TO REHEAR A   589          

PETITION CONCERNING THE SAME PREGNANCY ONCE A JUVENILE COURT HAS   590          

GRANTED OR DENIED THE PETITION.                                                 

      (5)  IF THE PETITION IS GRANTED, THE INFORMED CONSENT OF     592          

THE MINOR, PURSUANT TO A COURT ORDER AUTHORIZING THE MINOR TO      594          

CONSENT TO THE ABORTION, OR JUDICIAL CONSENT TO THE ABORTION,      595          

                                                          15     

                                                                 
SHALL BAR AN ACTION BY THE PARENTS, GUARDIAN, OR CUSTODIAN OF THE  596          

MINOR FOR BATTERY OF THE MINOR AGAINST ANY PERSON PERFORMING OR    597          

INDUCING THE ABORTION.  THE IMMUNITY GRANTED SHALL ONLY EXTEND TO               

THE PERFORMANCE OR INDUCEMENT OF THE ABORTION IN ACCORDANCE WITH   598          

THIS SECTION AND TO ANY ACCOMPANYING SERVICES THAT ARE PERFORMED   599          

IN A COMPETENT MANNER.                                                          

      (6)  AN APPEAL FROM AN ORDER ISSUED UNDER THIS SECTION MAY   601          

BE TAKEN TO THE COURT OF APPEALS BY THE MINOR.  THE RECORD ON      602          

APPEAL SHALL BE COMPLETED AND THE APPEAL PERFECTED WITHIN FOUR     603          

DAYS FROM THE FILING OF THE NOTICE OF APPEAL.  BECAUSE THE         604          

ABORTION MAY NEED TO BE PERFORMED IN A TIMELY MANNER, THE SUPREME  605          

COURT SHALL, BY RULE, PROVIDE FOR EXPEDITED APPELLATE REVIEW OF                 

CASES APPEALED UNDER THIS SECTION.                                 606          

      (7)  ALL PROCEEDINGS UNDER THIS SECTION SHALL BE CONDUCTED   608          

IN A CONFIDENTIAL MANNER AND SHALL BE GIVEN SUCH PRECEDENCE OVER   610          

OTHER PENDING MATTERS AS WILL ENSURE THAT THE COURT WILL REACH A   611          

DECISION PROMPTLY AND WITHOUT DELAY.                                            

      THE PETITION AND ALL OTHER PAPERS AND RECORDS THAT PERTAIN   613          

TO AN ACTION COMMENCED UNDER THIS SECTION SHALL BE KEPT            614          

CONFIDENTIAL AND ARE NOT PUBLIC RECORDS UNDER SECTION 149.43 OF    615          

THE REVISED CODE.                                                               

      (8)  NO FILING FEE SHALL BE REQUIRED OF OR COURT COSTS       617          

ASSESSED AGAINST A PERSON FILING A PETITION UNDER THIS SECTION OR  618          

APPEALING AN ORDER ISSUED UNDER THIS SECTION.                      619          

      (D)  IT IS AN AFFIRMATIVE DEFENSE TO ANY CIVIL, CRIMINAL,    621          

OR PROFESSIONAL DISCIPLINARY CLAIM BROUGHT UNDER THIS SECTION      623          

THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION WAS NOT      624          

POSSIBLE BECAUSE AN IMMEDIATE THREAT OF SERIOUS RISK TO THE LIFE   625          

OR PHYSICAL HEALTH OF THE MINOR FROM THE CONTINUATION OF HER       626          

PREGNANCY CREATED AN EMERGENCY NECESSITATING THE IMMEDIATE                      

PERFORMANCE OR INDUCEMENT OF AN ABORTION.                          627          

      (E)  WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS        629          

GUILTY OF UNLAWFUL ABORTION, A MISDEMEANOR OF THE FIRST DEGREE.    631          

IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED        633          

                                                          16     

                                                                 
GUILTY TO A VIOLATION OF THIS SECTION, UNLAWFUL ABORTION IS A                   

FELONY OF THE FOURTH DEGREE.                                       634          

      (F)  WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS        636          

LIABLE TO THE PREGNANT MINOR AND HER PARENTS, GUARDIAN, OR         637          

CUSTODIAN FOR CIVIL, COMPENSATORY, AND EXEMPLARY DAMAGES.          638          

      Sec. 2919.122.  SECTION 2919.121 OF THE REVISED CODE         640          

APPLIES IN LIEU OF DIVISION (B) OF SECTION 2919.12 OF THE REVISED  641          

CODE WHENEVER ITS OPERATION IS NOT ENJOINED.  IF SECTION 2919.121  642          

OF THE REVISED CODE IS ENJOINED, DIVISION (B) OF SECTION 2919.12   644          

OF THE REVISED CODE APPLIES.                                                    

      IF A PERSON COMPLIES WITH THE REQUIREMENTS OF DIVISION (B)   646          

OF SECTION 2919.12 OF THE REVISED CODE UNDER THE GOOD FAITH        647          

BELIEF THAT THE APPLICATION OR ENFORCEMENT OF SECTION 2919.121 OF  648          

THE REVISED CODE IS SUBJECT TO A RESTRAINING ORDER OR INJUNCTION,  650          

GOOD FAITH COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY                

CIVIL, CRIMINAL, OR PROFESSIONAL DISCIPLINARY ACTION BROUGHT       651          

UNDER SECTION 2919.121 OF THE REVISED CODE.                        652          

      IF A PERSON COMPLIES WITH THE REQUIREMENTS OF SECTION        654          

2919.121 OF THE REVISED CODE UNDER THE GOOD FAITH BELIEF THAT IT   656          

IS NOT SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, GOOD FAITH                 

COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY CRIMINAL,    657          

CIVIL, OR PROFESSIONAL DISCIPLINARY ACTION FOR FAILURE TO COMPLY   658          

WITH THE REQUIREMENTS OF DIVISION (B) OF SECTION 2919.12 OF THE    659          

REVISED CODE.                                                      660          

      Section 2.  That existing section 2317.56 of the Revised     662          

Code is hereby repealed.                                           663          

      Section 3.  It is the intention of the General Assembly      665          

that section 2919.121 of the Revised Code be interpreted and       666          

applied in accordance with the decisions in Planned Parenthood v.  668          

Ashcroft, 655 F.2d 848 (8th Cir., 1981), and Planned Parenthood    669          

v. Ashcroft, 103 S. Ct. 2517 (1983), which interpreted and upheld  670          

the Missouri statute upon which section 2919.121 of the Revised    671          

Code is based.