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
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(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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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;
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(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
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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
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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.