As Reported by the Senate Judiciary Committee 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
SENATORS BLESSING-CUPP-LATTA-HOWARD 16
18
A B I L L
To amend sections 149.43 and 2317.56 and to enact 20
sections 2919.121 and 2919.122 of the Revised 21
Code regarding patient notification prior to an 22
abortion and to require either parental or 23
judicial consent before an abortion is performed 24
or induced on a pregnant unemancipated minor. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 149.43 and 2317.56 be amended and 28
sections 2919.121 and 2919.122 of the Revised Code be enacted to 29
read as follows: 30
Sec. 149.43. (A) As used in this section: 39
(1) "Public record" means any record that is kept by any 41
public office, including, but not limited to, state, county, 42
city, village, township, and school district units, except that 44
"public record" does not mean any of the following:
(a) Medical records; 46
(b) Records pertaining to probation and parole 48
proceedings;
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(c) Records pertaining to actions under section 2151.85 50
AND DIVISION (C) OF SECTION 2919.121 of the Revised Code and to 52
appeals of actions arising under that section THOSE SECTIONS; 53
(d) Records pertaining to adoption proceedings, including 55
the contents of an adoption file maintained by the department of 56
health under section 3705.12 of the Revised Code; 57
(e) Information in a record contained in the putative 59
father registry established by section 3107.062 of the Revised 60
Code, regardless of whether the information is held by the 61
department of human services or, pursuant to section 5101.313 of 62
the Revised Code, the division of child support in the department 63
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 65
the Revised Code or specified in division (A) of section 3107.52 66
of the Revised Code;
(g) Trial preparation records; 68
(h) Confidential law enforcement investigatory records; 70
(i) Records containing information that is confidential 72
under section 2317.023 or 4112.05 of the Revised Code; 73
(j) DNA records stored in the DNA database pursuant to 76
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 78
rehabilitation and correction to the department of youth services 80
or a court of record pursuant to division (E) of section 5120.21 81
of the Revised Code;
(l) Records maintained by the department of youth services 83
pertaining to children in its custody released by the department 84
of youth services to the department of rehabilitation and 85
correction pursuant to section 5139.05 of the Revised Code; 86
(m) Intellectual property records; 88
(n) Donor profile records; 90
(o) Records maintained by the department of human services 92
pursuant to section 5101.312 of the Revised Code; 93
(p) Records the release of which is prohibited by state or 95
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federal law. 96
(2) "Confidential law enforcement investigatory record" 98
means any record that pertains to a law enforcement matter of a 99
criminal, quasi-criminal, civil, or administrative nature, but 100
only to the extent that the release of the record would create a 101
high probability of disclosure of any of the following: 102
(a) The identity of a suspect who has not been charged 104
with the offense to which the record pertains, or of an 105
information source or witness to whom confidentiality has been 106
reasonably promised; 107
(b) Information provided by an information source or 109
witness to whom confidentiality has been reasonably promised, 110
which information would reasonably tend to disclose the source's 111
or witness's identity; 112
(c) Specific confidential investigatory techniques or 114
procedures or specific investigatory work product; 115
(d) Information that would endanger the life or physical 117
safety of law enforcement personnel, a crime victim, a witness, 118
or a confidential information source. 119
(3) "Medical record" means any document or combination of 121
documents, except births, deaths, and the fact of admission to or 122
discharge from a hospital, that pertains to the medical history, 123
diagnosis, prognosis, or medical condition of a patient and that 124
is generated and maintained in the process of medical treatment. 125
(4) "Trial preparation record" means any record that 127
contains information that is specifically compiled in reasonable 128
anticipation of, or in defense of, a civil or criminal action or 129
proceeding, including the independent thought processes and 130
personal trial preparation of an attorney. 131
(5) "Intellectual property record" means a record, other 134
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 135
higher learning in the conduct of or as a result of study or 136
research on an educational, commercial, scientific, artistic, 137
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technical, or scholarly issue, regardless of whether the study or 138
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 140
been publicly released, published, or patented. 141
(6) "Donor profile record" means all records about donors 143
or potential donors to a public institution of higher education 144
except the names and reported addresses of the actual donors and 145
the date, amount, and conditions of the actual donation. 146
(B) All public records shall be promptly prepared and made 148
available for inspection to any person at all reasonable times 149
during regular business hours. Upon request, a person 150
responsible for public records shall make copies available at 151
cost, within a reasonable period of time. In order to facilitate 152
broader access to public records, governmental units shall 153
maintain public records in a manner that they can be made 154
available for inspection in accordance with this division. 155
(C) If a person allegedly is aggrieved by the failure of a 157
governmental unit to promptly prepare a public record and to make 158
it available to the person for inspection in accordance with 159
division (B) of this section, or if a person who has requested a 161
copy of a public record allegedly is aggrieved by the failure of 162
a person responsible for the public record to make a copy 163
available to the person allegedly aggrieved in accordance with 165
division (B) of this section, the person allegedly aggrieved may 166
commence a mandamus action to obtain a judgment that orders the 167
governmental unit or the person responsible for the public record 168
to comply with division (B) of this section and that awards 169
reasonable attorney's fees to the person that instituted the 170
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 171
section allegedly was not complied with, in the supreme court 172
pursuant to its original jurisdiction under Section 2 of Article 173
IV, Ohio Constitution, or in the court of appeals for the 174
appellate district in which division (B) of this section 175
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allegedly was not complied with pursuant to its original 176
jurisdiction under Section 3 of Article IV, Ohio Constitution. 177
(D) Chapter 1347. of the Revised Code does not limit the 179
provisions of this section. 180
(E)(1) The bureau of motor vehicles may adopt rules 182
pursuant to Chapter 119. of the Revised Code to reasonably limit 184
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 185
calendar year. The rules may include provisions for charges to 186
be made for bulk commercial special extraction requests for the 188
actual cost of the bureau, plus special extraction costs, plus 189
ten per cent. The bureau may charge for expenses for redacting 190
information, the release of which is prohibited by law. 191
(2) As used in division (E)(1) of this section: 193
(a) "Actual cost" means the cost of depleted supplies, 195
records storage media costs, actual mailing and alternative 196
delivery costs, or other transmitting costs, and any direct 197
equipment operating and maintenance costs, including actual costs 198
paid to private contractors for copying services. 199
(b) "Bulk commercial special extraction request" means a 201
request for copies of a record for information in a format other 202
than the format already available, or information that cannot be 203
extracted without examination of all items in a records series, 204
class of records, or data base by a person who intends to use or 205
forward the copies for surveys, marketing, solicitation, or 206
resale for commercial purposes. "Bulk commercial special 207
extraction request" does not include a request by a person who 208
gives assurance to the bureau that the person making the request 209
does not intend to use or forward the requested copies for 210
surveys, marketing, solicitation, or resale for commercial 211
purposes.
(c) "Commercial" means profit-seeking production, buying, 213
or selling of any good, service, or other product. 214
(d) "Special extraction costs" means the cost of the time 216
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spent by the lowest paid employee competent to perform the task, 217
the actual amount paid to outside private contractors employed by 218
the bureau, or the actual cost incurred to create computer 219
programs to make the special extraction. "Special extraction 220
costs" include any charges paid to a public agency for computer
or records services. 221
(3) For purposes of divisions (E)(1) and (2) of this 224
section, "commercial surveys, marketing, solicitation, or resale" 225
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 227
citizen oversight or understanding of the operation or activities 228
of government, or nonprofit educational research. 229
Sec. 2317.56. (A) As used in this section: 238
(1) "Medical emergency" means a condition of a pregnant 240
woman that, in the reasonable judgment of the physician who is 241
attending the woman, creates an immediate threat of serious risk 242
to the life or physical health of the woman from the continuation 243
of her THE pregnancy necessitating the immediate performance or 244
inducement of an abortion. 245
(2) "Medical necessity" means a medical condition of a 247
pregnant woman that, in the reasonable judgment of the physician 248
who is attending the woman, so complicates the pregnancy that it 249
necessitates the immediate performance or inducement of an 250
abortion. 251
(3) "Probable gestational age of the embryo or fetus" 253
means the gestational age that, in the judgment of a physician, 254
is, with reasonable probability, the gestational age of the 255
embryo or fetus at the time that the physician informs a pregnant 256
woman pursuant to division (B)(1)(b) of this section. 257
(B) Except when there is a medical emergency or medical 259
necessity, an abortion shall be performed or induced only if all 260
of the following conditions are satisfied: 261
(1) At least twenty-four hours prior to the performance or 263
inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT 264
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WOMAN IN PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER 265
AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS ABOUT THE ABORTION THAT 266
WILL BE PERFORMED OR INDUCED. AT THIS MEETING, THE physician 267
informs SHALL INFORM the pregnant woman, verbally or, IF SHE IS 269
HEARING IMPAIRED, by other nonwritten means of communication, of 270
all of the following: 271
(a) The nature and purpose of the particular abortion 273
procedure to be used and the medical risks associated with that 274
procedure; 275
(b) The probable gestational age of the embryo or fetus; 277
(c) The medical risks associated with the pregnant woman 279
carrying her THE pregnancy to term. 280
(2) A physician provides the pregnant woman with the 282
information described in division (B)(1) of this section in an 283
individual, private setting and gives her an adequate opportunity 284
to ask questions about the abortion that will be performed or 285
induced; 286
(3) THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE 288
ABORTION IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN 289
INVOLVED IN THE MEETING NEED NOT BE AFFILIATED WITH THAT FACILITY 290
OR WITH THE PHYSICIAN WHO IS SCHEDULED TO PERFORM OR INDUCE THE 291
ABORTION.
(2) At least twenty-four hours prior to the performance or 293
inducement of the abortion, one or more physicians or one or more 294
agents of one or more physicians do each of the following in 295
person, by telephone, by certified mail, return receipt 296
requested, or by regular mail evidenced by a certificate of 297
mailing: 298
(a) Inform the pregnant woman of the name of the physician 300
who is scheduled to perform or induce the abortion; 301
(b) Give the pregnant woman copies of the published 303
materials described in division (C) of this section; 304
(c) Inform the pregnant woman that the materials given to 306
her pursuant to division (B)(3)(2)(b) of this section are 307
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provided by the state and that they describe the embryo or fetus 309
and list agencies that offer alternatives to abortion. The 310
pregnant woman may choose to examine or not to examine the 311
materials. A physician or an agent of a physician may 312
disassociate himself CHOOSE TO BE DISASSOCIATED from the 313
materials and may choose to comment or not comment on the 315
materials.
(4)(3) Prior to the performance or inducement of the 317
abortion, the pregnant woman signs a form consenting to the 318
abortion and certifies both of the following on that form: 319
(a) She has received the information and materials 321
described in divisions (B)(1), AND (2), and (3) of this section, 323
and her questions about the abortion that will be performed or 324
induced have been answered in a satisfactory manner. 325
(b) She consents to the particular abortion voluntarily, 327
knowingly, intelligently, and without coercion by any person, and 328
she is not under the influence of any drug of abuse or alcohol. 329
(5)(4) Prior to the performance or inducement of the 331
abortion, the physician who is scheduled to perform or induce the 332
abortion or his THE PHYSICIAN'S agent receives a copy of the 333
pregnant woman's signed form on which she consents to the 335
abortion and that includes the certification required by division 336
(B)(4)(3) of this section. 338
(C) The department of health shall cause to be published 340
in English and in Spanish, in a typeface large enough to be 341
clearly legible, and in an easily comprehensible format, the 342
following materials: 343
(1) Materials that inform the pregnant woman about family 345
planning information, of publicly funded agencies that are 346
available to assist her in family planning, and of public and 347
private agencies and services that are available to assist her 348
through her THE pregnancy, upon childbirth, and while her THE 350
child is dependent, including, but not limited to, adoption 351
agencies. The materials shall be geographically indexed; include 352
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a comprehensive list of the available agencies, a description of 353
the services offered by the agencies, and the telephone numbers 354
and addresses of the agencies; and inform the pregnant woman 355
about available medical assistance benefits for prenatal care, 356
childbirth, and neonatal care and about the support obligations 357
of the father of a child who is born alive. The department shall 358
ensure that the materials described in division (C)(1) of this 359
section are comprehensive and do not directly or indirectly 360
promote, exclude, or discourage the use of any agency or service 361
described in this division. 362
(2) Materials that inform the pregnant woman of the 364
probable anatomical and physiological characteristics of the 365
zygote, blastocyte, embryo, or fetus at two-week gestational 366
increments for the first sixteen weeks of her pregnancy and at 367
four-week gestational increments from the seventeenth week of her 368
pregnancy to full term, including any relevant information 369
regarding the time at which the fetus possibly would be viable. 370
The department shall cause these materials to be published only 371
after it consults with the Ohio state medical association and the 372
Ohio section of the American college of obstetricians and 373
gynecologists relative to the probable anatomical and 374
physiological characteristics of a zygote, blastocyte, embryo, or 375
fetus at the various gestational increments. The materials shall 376
use language that is understandable by the average person who is 377
not medically trained, shall be objective and nonjudgmental, and 378
shall include only accurate scientific information about the 379
zygote, blastocyte, embryo, or fetus at the various gestational 380
increments. If the materials use a pictorial, photographic, or 381
other depiction to provide information regarding the zygote, 382
blastocyte, embryo, or fetus, the materials shall include, in a 383
conspicuous manner, a scale or other explanation that is 384
understandable by the average person and that can be used to 385
determine the actual size of the zygote, blastocyte, embryo, or 386
fetus at a particular gestational increment as contrasted with 387
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the depicted size of the zygote, blastocyte, embryo, or fetus at 388
that gestational increment. 389
(D) Upon the submission of a request to the department of 391
health by any person, hospital, physician, or medical facility 392
for one or more copies of the materials published in accordance 393
with division (C) of this section, the department shall make the 395
requested number of copies of the materials available to the 396
person, hospital, physician, or medical facility that requested 397
the copies.
(E) If a medical emergency or medical necessity compels 399
the performance or inducement of an abortion, the physician who 400
will perform or induce the abortion, prior to its performance or 401
inducement if possible, shall inform the pregnant woman of the 402
medical indications supporting his THE PHYSICIAN'S judgment that 403
an immediate abortion is necessary. Any physician who performs 405
or induces an abortion without the prior satisfaction of the 406
conditions specified in division (B) of this section because of a 407
medical emergency or medical necessity shall enter the reasons 408
for his THE conclusion that a medical emergency or medical 410
necessity exists in the medical record of the pregnant woman. 411
(F) If the conditions specified in division (B) of this 413
section are satisfied, consent to an abortion shall be presumed 414
to be valid and effective. 415
(G) The performance or inducement of an abortion without 417
the prior satisfaction of the conditions specified in division 418
(B) of this section does not constitute, and shall not be 419
construed as constituting, a violation of division (A) of section 420
2919.12 of the Revised Code. The failure of a physician to 421
satisfy the conditions of division (B) of this section prior to 422
performing or inducing an abortion upon a pregnant woman may be 423
the basis of both of the following: 424
(1) A civil action for compensatory and exemplary damages 426
as described in division (H) of this section; 427
(2) Disciplinary action under section 4731.22 of the 429
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Revised Code. 430
(H)(1) Subject to divisions (H)(2) and (3) of this 432
section, any physician who performs or induces an abortion with 433
actual knowledge that the conditions specified in division (B) of 434
this section have not been satisfied or with a heedless 435
indifference as to whether those conditions have been satisfied 436
is liable in compensatory and exemplary damages in a civil action 437
to any person, or the representative of the estate of any person, 438
who sustains injury, death, or loss to person or property as a 439
result of the failure to satisfy those conditions. In the civil 440
action, the court additionally may enter any injunctive or other 441
equitable relief that it considers appropriate. 442
(2) The following shall be affirmative defenses in a civil 444
action authorized by division (H)(1) of this section: 445
(a) The physician performed or induced the abortion under 447
the circumstances described in division (E) of this section. 448
(b) The physician made a good faith effort to satisfy the 450
conditions specified in division (B) of this section. 451
(c) The physician or an agent of the physician requested 453
copies of the materials published in accordance with division (C) 454
of this section from the department of health, but the physician 456
was not able to give a pregnant woman copies of the materials 457
pursuant to division (B)(3)(2) of this section and to obtain a 459
certification as described in divisions (B)(4)(3) and (5)(4) of 461
this section because the department failed to make the requested 462
number of copies available to the physician or his agent in 463
accordance with division (D) of this section.
(3) An employer or other principal is not liable in 465
damages in a civil action authorized by division (H)(1) of this 466
section on the basis of the doctrine of respondeat superior 467
unless either of the following applies: 468
(a) The employer or other principal had actual knowledge 470
or, by the exercise of reasonable diligence, should have known 471
that his AN employee or agent performed or induced an abortion 472
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with actual knowledge that the conditions specified in division 474
(B) of this section had not been satisfied or with a heedless 475
indifference as to whether those conditions had been satisfied. 476
(b) The employer or other principal negligently failed to 478
secure the compliance of his AN employee or agent with division 479
(B) of this section. 481
(4) Notwithstanding division (E) of section 2919.12 of the 483
Revised Code, the civil action authorized by division (H)(1) of 484
this section shall be the exclusive civil remedy for persons, or 485
the representatives of estates of persons, who allegedly sustain 486
injury, death, or loss to person or property as a result of a 487
failure to satisfy the conditions specified in division (B) of 488
this section. 489
(I) The department of human services shall prepare and 491
conduct a public information program to inform women of all 492
available governmental programs and agencies that provide 493
services or assistance for family planning, prenatal care, child 494
care, or alternatives to abortion. 495
Sec. 2919.121. (A) FOR THE PURPOSE OF THIS SECTION, A 497
MINOR SHALL BE CONSIDERED "EMANCIPATED" IF THE MINOR HAS MARRIED, 498
ENTERED THE ARMED SERVICES OF THE UNITED STATES, BECOME EMPLOYED 500
AND SELF-SUBSISTING, OR HAS OTHERWISE BECOME INDEPENDENT FROM THE 502
CARE AND CONTROL OF HER PARENT, GUARDIAN, OR CUSTODIAN. 504
(B) NO PERSON SHALL KNOWINGLY PERFORM OR INDUCE AN 506
ABORTION UPON A PREGNANT MINOR UNLESS ONE OF THE FOLLOWING IS THE 507
CASE:
(1) THE ATTENDING PHYSICIAN HAS SECURED THE INFORMED 509
WRITTEN CONSENT OF THE MINOR AND ONE PARENT, GUARDIAN, OR 510
CUSTODIAN;
(2) THE MINOR IS EMANCIPATED AND THE ATTENDING PHYSICIAN 512
HAS RECEIVED HER WRITTEN INFORMED CONSENT; 513
(3) THE MINOR HAS BEEN AUTHORIZED TO CONSENT TO THE 515
ABORTION BY A COURT ORDER ISSUED PURSUANT TO DIVISION (C) OF THIS 516
SECTION, AND THE ATTENDING PHYSICIAN HAS RECEIVED HER INFORMED 517
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WRITTEN CONSENT;
(4) THE COURT HAS GIVEN ITS CONSENT IN ACCORDANCE WITH 519
DIVISION (C) OF THIS SECTION AND THE MINOR IS HAVING THE ABORTION 520
WILLINGLY. 521
(C) THE RIGHT OF A MINOR TO CONSENT TO AN ABORTION UNDER 523
DIVISION (B)(3) OF THIS SECTION OR JUDICIAL CONSENT TO OBTAIN AN 524
ABORTION UNDER DIVISION (B)(4) OF THIS SECTION MAY BE GRANTED BY 526
A COURT ORDER PURSUANT TO THE FOLLOWING PROCEDURES: 527
(1) THE MINOR OR NEXT FRIEND SHALL MAKE AN APPLICATION TO 529
THE JUVENILE COURT OF THE COUNTY IN WHICH THE MINOR HAS A 530
RESIDENCE OR LEGAL SETTLEMENT, THE JUVENILE COURT OF ANY COUNTY 532
THAT BORDERS THE COUNTY IN WHICH SHE HAS A RESIDENCE OR LEGAL 533
SETTLEMENT, OR THE JUVENILE COURT OF THE COUNTY IN WHICH THE
FACILITY IN WHICH THE ABORTION WOULD BE PERFORMED OR INDUCED IS 534
LOCATED. THE JUVENILE COURT SHALL ASSIST THE MINOR OR NEXT 535
FRIEND IN PREPARING THE PETITION AND NOTICES REQUIRED BY THIS 536
SECTION. THE MINOR OR NEXT FRIEND SHALL THEREAFTER FILE A 537
PETITION SETTING FORTH ALL OF THE FOLLOWING: THE INITIALS OF THE
MINOR; HER AGE; THE NAMES AND ADDRESSES OF EACH PARENT, GUARDIAN, 539
CUSTODIAN, OR, IF THE MINOR'S PARENTS ARE DECEASED AND NO 540
GUARDIAN HAS BEEN APPOINTED, ANY OTHER PERSON STANDING IN LOCO 541
PARENTIS OF THE MINOR; THAT THE MINOR HAS BEEN FULLY INFORMED OF 542
THE RISKS AND CONSEQUENCES OF THE ABORTION; THAT THE MINOR IS OF
SOUND MIND AND HAS SUFFICIENT INTELLECTUAL CAPACITY TO CONSENT TO 543
THE ABORTION; THAT THE MINOR HAS NOT PREVIOUSLY FILED A PETITION 545
UNDER THIS SECTION CONCERNING THE SAME PREGNANCY THAT WAS DENIED 546
ON THE MERITS; THAT, IF THE COURT DOES NOT AUTHORIZE THE MINOR TO 548
CONSENT TO THE ABORTION, THE COURT SHOULD FIND THAT THE ABORTION 549
IS IN THE BEST INTERESTS OF THE MINOR AND GIVE JUDICIAL CONSENT 550
TO THE ABORTION; THAT THE COURT SHOULD APPOINT A GUARDIAN AD
LITEM; AND IF THE MINOR DOES NOT HAVE PRIVATE COUNSEL, THAT THE 552
COURT SHOULD APPOINT COUNSEL. THE PETITION SHALL BE SIGNED BY 553
THE MINOR OR THE NEXT FRIEND.
(2) A HEARING ON THE MERITS SHALL BE HELD ON THE RECORD AS 555
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SOON AS POSSIBLE WITHIN FIVE DAYS OF FILING THE PETITION. IF THE 556
MINOR HAS NOT RETAINED COUNSEL, THE COURT SHALL APPOINT COUNSEL 557
AT LEAST TWENTY-FOUR HOURS PRIOR TO THE HEARING. THE COURT SHALL 558
APPOINT A GUARDIAN AD LITEM TO PROTECT THE INTERESTS OF THE MINOR 559
AT THE HEARING. IF THE GUARDIAN AD LITEM IS AN ATTORNEY ADMITTED 560
TO THE PRACTICE OF LAW IN THIS STATE, THE COURT MAY APPOINT THE 561
GUARDIAN AD LITEM TO SERVE AS THE MINOR'S COUNSEL. AT THE
HEARING, THE COURT SHALL HEAR EVIDENCE RELATING TO THE EMOTIONAL 563
DEVELOPMENT, MATURITY, INTELLECT, AND UNDERSTANDING OF THE MINOR;
THE NATURE, POSSIBLE CONSEQUENCES, AND ALTERNATIVES TO THE 565
ABORTION; AND ANY OTHER EVIDENCE THAT THE COURT MAY FIND USEFUL 566
IN DETERMINING WHETHER THE MINOR SHOULD BE GRANTED THE RIGHT TO 568
CONSENT TO THE ABORTION OR WHETHER THE ABORTION IS IN THE BEST 569
INTERESTS OF THE MINOR. IF THE MINOR OR HER COUNSEL FAIL TO
APPEAR FOR A SCHEDULED HEARING, JURISDICTION SHALL REMAIN WITH 570
THE JUDGE WHO WOULD HAVE PRESIDED AT THE HEARING. 571
(3) IF THE COURT FINDS THAT THE MINOR IS SUFFICIENTLY 574
MATURE AND WELL ENOUGH INFORMED TO DECIDE INTELLIGENTLY WHETHER
TO HAVE AN ABORTION, THE COURT SHALL GRANT THE PETITION AND 575
PERMIT THE MINOR TO CONSENT TO THE ABORTION. 577
IF THE COURT FINDS THAT THE ABORTION IS IN THE BEST 579
INTERESTS OF THE MINOR, THE COURT SHALL GIVE JUDICIAL CONSENT TO 580
THE ABORTION, SETTING FORTH THE GROUNDS FOR ITS FINDING. 581
IF THE COURT DOES NOT MAKE EITHER OF THE FINDINGS SPECIFIED 584
IN DIVISION (C)(3) OF THIS SECTION, THE COURT SHALL DENY THE 585
PETITION, SETTING FORTH THE GROUNDS ON WHICH THE PETITION IS
DENIED.
THE COURT SHALL ISSUE ITS ORDER NOT LATER THAN TWENTY-FOUR 587
HOURS AFTER THE END OF THE HEARING. 588
(4) NO JUVENILE COURT SHALL HAVE JURISDICTION TO REHEAR A 590
PETITION CONCERNING THE SAME PREGNANCY ONCE A JUVENILE COURT HAS 591
GRANTED OR DENIED THE PETITION.
(5) IF THE PETITION IS GRANTED, THE INFORMED CONSENT OF 593
THE MINOR, PURSUANT TO A COURT ORDER AUTHORIZING THE MINOR TO 595
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CONSENT TO THE ABORTION, OR JUDICIAL CONSENT TO THE ABORTION, 596
SHALL BAR AN ACTION BY THE PARENTS, GUARDIAN, OR CUSTODIAN OF THE 597
MINOR FOR BATTERY OF THE MINOR AGAINST ANY PERSON PERFORMING OR 598
INDUCING THE ABORTION. THE IMMUNITY GRANTED SHALL ONLY EXTEND TO
THE PERFORMANCE OR INDUCEMENT OF THE ABORTION IN ACCORDANCE WITH 599
THIS SECTION AND TO ANY ACCOMPANYING SERVICES THAT ARE PERFORMED 600
IN A COMPETENT MANNER.
(6) AN APPEAL FROM AN ORDER ISSUED UNDER THIS SECTION MAY 602
BE TAKEN TO THE COURT OF APPEALS BY THE MINOR. THE RECORD ON 603
APPEAL SHALL BE COMPLETED AND THE APPEAL PERFECTED WITHIN FOUR 604
DAYS FROM THE FILING OF THE NOTICE OF APPEAL. BECAUSE THE 605
ABORTION MAY NEED TO BE PERFORMED IN A TIMELY MANNER, THE SUPREME 606
COURT SHALL, BY RULE, PROVIDE FOR EXPEDITED APPELLATE REVIEW OF
CASES APPEALED UNDER THIS SECTION. 607
(7) ALL PROCEEDINGS UNDER THIS SECTION SHALL BE CONDUCTED 609
IN A CONFIDENTIAL MANNER AND SHALL BE GIVEN SUCH PRECEDENCE OVER 611
OTHER PENDING MATTERS AS WILL ENSURE THAT THE COURT WILL REACH A 612
DECISION PROMPTLY AND WITHOUT DELAY.
THE PETITION AND ALL OTHER PAPERS AND RECORDS THAT PERTAIN 614
TO AN ACTION COMMENCED UNDER THIS SECTION SHALL BE KEPT 615
CONFIDENTIAL AND ARE NOT PUBLIC RECORDS UNDER SECTION 149.43 OF 616
THE REVISED CODE.
(8) NO FILING FEE SHALL BE REQUIRED OF OR COURT COSTS 618
ASSESSED AGAINST A PERSON FILING A PETITION UNDER THIS SECTION OR 619
APPEALING AN ORDER ISSUED UNDER THIS SECTION. 620
(D) IT IS AN AFFIRMATIVE DEFENSE TO ANY CIVIL, CRIMINAL, 622
OR PROFESSIONAL DISCIPLINARY CLAIM BROUGHT UNDER THIS SECTION 624
THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION WAS NOT 625
POSSIBLE BECAUSE AN IMMEDIATE THREAT OF SERIOUS RISK TO THE LIFE 626
OR PHYSICAL HEALTH OF THE MINOR FROM THE CONTINUATION OF HER 627
PREGNANCY CREATED AN EMERGENCY NECESSITATING THE IMMEDIATE
PERFORMANCE OR INDUCEMENT OF AN ABORTION. 628
(E) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 630
GUILTY OF UNLAWFUL ABORTION, A MISDEMEANOR OF THE FIRST DEGREE. 632
16
IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 634
GUILTY TO A VIOLATION OF THIS SECTION, UNLAWFUL ABORTION IS A
FELONY OF THE FOURTH DEGREE. 635
(F) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 637
LIABLE TO THE PREGNANT MINOR AND HER PARENTS, GUARDIAN, OR 638
CUSTODIAN FOR CIVIL, COMPENSATORY, AND EXEMPLARY DAMAGES. 639
Sec. 2919.122. SECTION 2919.121 OF THE REVISED CODE 641
APPLIES IN LIEU OF DIVISION (B) OF SECTION 2919.12 OF THE REVISED 642
CODE WHENEVER ITS OPERATION IS NOT ENJOINED. IF SECTION 2919.121 643
OF THE REVISED CODE IS ENJOINED, DIVISION (B) OF SECTION 2919.12 645
OF THE REVISED CODE APPLIES.
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF DIVISION (B) 647
OF SECTION 2919.12 OF THE REVISED CODE UNDER THE GOOD FAITH 648
BELIEF THAT THE APPLICATION OR ENFORCEMENT OF SECTION 2919.121 OF 649
THE REVISED CODE IS SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, 651
GOOD FAITH COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY
CIVIL, CRIMINAL, OR PROFESSIONAL DISCIPLINARY ACTION BROUGHT 652
UNDER SECTION 2919.121 OF THE REVISED CODE. 653
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF SECTION 655
2919.121 OF THE REVISED CODE UNDER THE GOOD FAITH BELIEF THAT IT 657
IS NOT SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, GOOD FAITH
COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY CRIMINAL, 658
CIVIL, OR PROFESSIONAL DISCIPLINARY ACTION FOR FAILURE TO COMPLY 659
WITH THE REQUIREMENTS OF DIVISION (B) OF SECTION 2919.12 OF THE 660
REVISED CODE. 661
Section 2. That existing section 2317.56 of the Revised 663
Code is hereby repealed. 664
Section 3. It is the intention of the General Assembly 666
that section 2919.121 of the Revised Code be interpreted and 667
applied in accordance with the decisions in Planned Parenthood v. 669
Ashcroft, 655 F.2d 848 (8th Cir., 1981), and Planned Parenthood 670
v. Ashcroft, 103 S. Ct. 2517 (1983), which interpreted and upheld 671
the Missouri statute upon which section 2919.121 of the Revised 672
Code is based.