As Passed by the Senate 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-B. JOHNSON-SCHAFRATH- 16
CARNES-GAETH-SUHADOLNIK 17
19
A B I L L
To amend sections 149.43 and 2317.56 and to enact 21
sections 2919.121 and 2919.122 of the Revised 22
Code regarding patient notification prior to an 23
abortion and to require either parental or 24
judicial consent before an abortion is performed 25
or induced on a pregnant unemancipated minor. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 149.43 and 2317.56 be amended and 29
sections 2919.121 and 2919.122 of the Revised Code be enacted to 30
read as follows: 31
Sec. 149.43. (A) As used in this section: 40
(1) "Public record" means any record that is kept by any 42
public office, including, but not limited to, state, county, 43
city, village, township, and school district units, except that 45
"public record" does not mean any of the following:
(a) Medical records; 47
(b) Records pertaining to probation and parole 49
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proceedings;
(c) Records pertaining to actions under section 2151.85 51
AND DIVISION (C) OF SECTION 2919.121 of the Revised Code and to 53
appeals of actions arising under that section THOSE SECTIONS; 54
(d) Records pertaining to adoption proceedings, including 56
the contents of an adoption file maintained by the department of 57
health under section 3705.12 of the Revised Code; 58
(e) Information in a record contained in the putative 60
father registry established by section 3107.062 of the Revised 61
Code, regardless of whether the information is held by the 62
department of human services or, pursuant to section 5101.313 of 63
the Revised Code, the division of child support in the department 64
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 66
the Revised Code or specified in division (A) of section 3107.52 67
of the Revised Code;
(g) Trial preparation records; 69
(h) Confidential law enforcement investigatory records; 71
(i) Records containing information that is confidential 73
under section 2317.023 or 4112.05 of the Revised Code; 74
(j) DNA records stored in the DNA database pursuant to 77
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 79
rehabilitation and correction to the department of youth services 81
or a court of record pursuant to division (E) of section 5120.21 82
of the Revised Code;
(l) Records maintained by the department of youth services 84
pertaining to children in its custody released by the department 85
of youth services to the department of rehabilitation and 86
correction pursuant to section 5139.05 of the Revised Code; 87
(m) Intellectual property records; 89
(n) Donor profile records; 91
(o) Records maintained by the department of human services 93
pursuant to section 5101.312 of the Revised Code; 94
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(p) Records the release of which is prohibited by state or 96
federal law. 97
(2) "Confidential law enforcement investigatory record" 99
means any record that pertains to a law enforcement matter of a 100
criminal, quasi-criminal, civil, or administrative nature, but 101
only to the extent that the release of the record would create a 102
high probability of disclosure of any of the following: 103
(a) The identity of a suspect who has not been charged 105
with the offense to which the record pertains, or of an 106
information source or witness to whom confidentiality has been 107
reasonably promised; 108
(b) Information provided by an information source or 110
witness to whom confidentiality has been reasonably promised, 111
which information would reasonably tend to disclose the source's 112
or witness's identity; 113
(c) Specific confidential investigatory techniques or 115
procedures or specific investigatory work product; 116
(d) Information that would endanger the life or physical 118
safety of law enforcement personnel, a crime victim, a witness, 119
or a confidential information source. 120
(3) "Medical record" means any document or combination of 122
documents, except births, deaths, and the fact of admission to or 123
discharge from a hospital, that pertains to the medical history, 124
diagnosis, prognosis, or medical condition of a patient and that 125
is generated and maintained in the process of medical treatment. 126
(4) "Trial preparation record" means any record that 128
contains information that is specifically compiled in reasonable 129
anticipation of, or in defense of, a civil or criminal action or 130
proceeding, including the independent thought processes and 131
personal trial preparation of an attorney. 132
(5) "Intellectual property record" means a record, other 135
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 136
higher learning in the conduct of or as a result of study or 137
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research on an educational, commercial, scientific, artistic, 138
technical, or scholarly issue, regardless of whether the study or 139
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 141
been publicly released, published, or patented. 142
(6) "Donor profile record" means all records about donors 144
or potential donors to a public institution of higher education 145
except the names and reported addresses of the actual donors and 146
the date, amount, and conditions of the actual donation. 147
(B) All public records shall be promptly prepared and made 149
available for inspection to any person at all reasonable times 150
during regular business hours. Upon request, a person 151
responsible for public records shall make copies available at 152
cost, within a reasonable period of time. In order to facilitate 153
broader access to public records, governmental units shall 154
maintain public records in a manner that they can be made 155
available for inspection in accordance with this division. 156
(C) If a person allegedly is aggrieved by the failure of a 158
governmental unit to promptly prepare a public record and to make 159
it available to the person for inspection in accordance with 160
division (B) of this section, or if a person who has requested a 162
copy of a public record allegedly is aggrieved by the failure of 163
a person responsible for the public record to make a copy 164
available to the person allegedly aggrieved in accordance with 166
division (B) of this section, the person allegedly aggrieved may 167
commence a mandamus action to obtain a judgment that orders the 168
governmental unit or the person responsible for the public record 169
to comply with division (B) of this section and that awards 170
reasonable attorney's fees to the person that instituted the 171
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 172
section allegedly was not complied with, in the supreme court 173
pursuant to its original jurisdiction under Section 2 of Article 174
IV, Ohio Constitution, or in the court of appeals for the 175
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appellate district in which division (B) of this section 176
allegedly was not complied with pursuant to its original 177
jurisdiction under Section 3 of Article IV, Ohio Constitution. 178
(D) Chapter 1347. of the Revised Code does not limit the 180
provisions of this section. 181
(E)(1) The bureau of motor vehicles may adopt rules 183
pursuant to Chapter 119. of the Revised Code to reasonably limit 185
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 186
calendar year. The rules may include provisions for charges to 187
be made for bulk commercial special extraction requests for the 189
actual cost of the bureau, plus special extraction costs, plus 190
ten per cent. The bureau may charge for expenses for redacting 191
information, the release of which is prohibited by law. 192
(2) As used in division (E)(1) of this section: 194
(a) "Actual cost" means the cost of depleted supplies, 196
records storage media costs, actual mailing and alternative 197
delivery costs, or other transmitting costs, and any direct 198
equipment operating and maintenance costs, including actual costs 199
paid to private contractors for copying services. 200
(b) "Bulk commercial special extraction request" means a 202
request for copies of a record for information in a format other 203
than the format already available, or information that cannot be 204
extracted without examination of all items in a records series, 205
class of records, or data base by a person who intends to use or 206
forward the copies for surveys, marketing, solicitation, or 207
resale for commercial purposes. "Bulk commercial special 208
extraction request" does not include a request by a person who 209
gives assurance to the bureau that the person making the request 210
does not intend to use or forward the requested copies for 211
surveys, marketing, solicitation, or resale for commercial 212
purposes.
(c) "Commercial" means profit-seeking production, buying, 214
or selling of any good, service, or other product. 215
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(d) "Special extraction costs" means the cost of the time 217
spent by the lowest paid employee competent to perform the task, 218
the actual amount paid to outside private contractors employed by 219
the bureau, or the actual cost incurred to create computer 220
programs to make the special extraction. "Special extraction 221
costs" include any charges paid to a public agency for computer
or records services. 222
(3) For purposes of divisions (E)(1) and (2) of this 225
section, "commercial surveys, marketing, solicitation, or resale" 226
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 228
citizen oversight or understanding of the operation or activities 229
of government, or nonprofit educational research. 230
Sec. 2317.56. (A) As used in this section: 239
(1) "Medical emergency" means a condition of a pregnant 241
woman that, in the reasonable judgment of the physician who is 242
attending the woman, creates an immediate threat of serious risk 243
to the life or physical health of the woman from the continuation 244
of her THE pregnancy necessitating the immediate performance or 245
inducement of an abortion. 246
(2) "Medical necessity" means a medical condition of a 248
pregnant woman that, in the reasonable judgment of the physician 249
who is attending the woman, so complicates the pregnancy that it 250
necessitates the immediate performance or inducement of an 251
abortion. 252
(3) "Probable gestational age of the embryo or fetus" 254
means the gestational age that, in the judgment of a physician, 255
is, with reasonable probability, the gestational age of the 256
embryo or fetus at the time that the physician informs a pregnant 257
woman pursuant to division (B)(1)(b) of this section. 258
(B) Except when there is a medical emergency or medical 260
necessity, an abortion shall be performed or induced only if all 261
of the following conditions are satisfied: 262
(1) At least twenty-four hours prior to the performance or 264
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inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT 265
WOMAN IN PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER 266
AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS ABOUT THE ABORTION THAT 267
WILL BE PERFORMED OR INDUCED. AT THIS MEETING, THE physician 268
informs SHALL INFORM the pregnant woman, verbally or, IF SHE IS 270
HEARING IMPAIRED, by other nonwritten means of communication, of 271
all of the following: 272
(a) The nature and purpose of the particular abortion 274
procedure to be used and the medical risks associated with that 275
procedure; 276
(b) The probable gestational age of the embryo or fetus; 278
(c) The medical risks associated with the pregnant woman 280
carrying her THE pregnancy to term. 281
(2) A physician provides the pregnant woman with the 283
information described in division (B)(1) of this section in an 284
individual, private setting and gives her an adequate opportunity 285
to ask questions about the abortion that will be performed or 286
induced; 287
(3) THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE 289
ABORTION IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN 290
INVOLVED IN THE MEETING NEED NOT BE AFFILIATED WITH THAT FACILITY 291
OR WITH THE PHYSICIAN WHO IS SCHEDULED TO PERFORM OR INDUCE THE 292
ABORTION.
(2) At least twenty-four hours prior to the performance or 294
inducement of the abortion, one or more physicians or one or more 295
agents of one or more physicians do each of the following in 296
person, by telephone, by certified mail, return receipt 297
requested, or by regular mail evidenced by a certificate of 298
mailing: 299
(a) Inform the pregnant woman of the name of the physician 301
who is scheduled to perform or induce the abortion; 302
(b) Give the pregnant woman copies of the published 304
materials described in division (C) of this section; 305
(c) Inform the pregnant woman that the materials given to 307
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her pursuant to division (B)(3)(2)(b) of this section are 308
provided by the state and that they describe the embryo or fetus 310
and list agencies that offer alternatives to abortion. The 311
pregnant woman may choose to examine or not to examine the 312
materials. A physician or an agent of a physician may 313
disassociate himself CHOOSE TO BE DISASSOCIATED from the 314
materials and may choose to comment or not comment on the 316
materials.
(4)(3) Prior to the performance or inducement of the 318
abortion, the pregnant woman signs a form consenting to the 319
abortion and certifies both of the following on that form: 320
(a) She has received the information and materials 322
described in divisions (B)(1), AND (2), and (3) of this section, 324
and her questions about the abortion that will be performed or 325
induced have been answered in a satisfactory manner. 326
(b) She consents to the particular abortion voluntarily, 328
knowingly, intelligently, and without coercion by any person, and 329
she is not under the influence of any drug of abuse or alcohol. 330
(5)(4) Prior to the performance or inducement of the 332
abortion, the physician who is scheduled to perform or induce the 333
abortion or his THE PHYSICIAN'S agent receives a copy of the 334
pregnant woman's signed form on which she consents to the 336
abortion and that includes the certification required by division 337
(B)(4)(3) of this section. 339
(C) The department of health shall cause to be published 341
in English and in Spanish, in a typeface large enough to be 342
clearly legible, and in an easily comprehensible format, the 343
following materials: 344
(1) Materials that inform the pregnant woman about family 346
planning information, of publicly funded agencies that are 347
available to assist her in family planning, and of public and 348
private agencies and services that are available to assist her 349
through her THE pregnancy, upon childbirth, and while her THE 351
child is dependent, including, but not limited to, adoption 352
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agencies. The materials shall be geographically indexed; include 353
a comprehensive list of the available agencies, a description of 354
the services offered by the agencies, and the telephone numbers 355
and addresses of the agencies; and inform the pregnant woman 356
about available medical assistance benefits for prenatal care, 357
childbirth, and neonatal care and about the support obligations 358
of the father of a child who is born alive. The department shall 359
ensure that the materials described in division (C)(1) of this 360
section are comprehensive and do not directly or indirectly 361
promote, exclude, or discourage the use of any agency or service 362
described in this division. 363
(2) Materials that inform the pregnant woman of the 365
probable anatomical and physiological characteristics of the 366
zygote, blastocyte, embryo, or fetus at two-week gestational 367
increments for the first sixteen weeks of her pregnancy and at 368
four-week gestational increments from the seventeenth week of her 369
pregnancy to full term, including any relevant information 370
regarding the time at which the fetus possibly would be viable. 371
The department shall cause these materials to be published only 372
after it consults with the Ohio state medical association and the 373
Ohio section of the American college of obstetricians and 374
gynecologists relative to the probable anatomical and 375
physiological characteristics of a zygote, blastocyte, embryo, or 376
fetus at the various gestational increments. The materials shall 377
use language that is understandable by the average person who is 378
not medically trained, shall be objective and nonjudgmental, and 379
shall include only accurate scientific information about the 380
zygote, blastocyte, embryo, or fetus at the various gestational 381
increments. If the materials use a pictorial, photographic, or 382
other depiction to provide information regarding the zygote, 383
blastocyte, embryo, or fetus, the materials shall include, in a 384
conspicuous manner, a scale or other explanation that is 385
understandable by the average person and that can be used to 386
determine the actual size of the zygote, blastocyte, embryo, or 387
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fetus at a particular gestational increment as contrasted with 388
the depicted size of the zygote, blastocyte, embryo, or fetus at 389
that gestational increment. 390
(D) Upon the submission of a request to the department of 392
health by any person, hospital, physician, or medical facility 393
for one or more copies of the materials published in accordance 394
with division (C) of this section, the department shall make the 396
requested number of copies of the materials available to the 397
person, hospital, physician, or medical facility that requested 398
the copies.
(E) If a medical emergency or medical necessity compels 400
the performance or inducement of an abortion, the physician who 401
will perform or induce the abortion, prior to its performance or 402
inducement if possible, shall inform the pregnant woman of the 403
medical indications supporting his THE PHYSICIAN'S judgment that 404
an immediate abortion is necessary. Any physician who performs 406
or induces an abortion without the prior satisfaction of the 407
conditions specified in division (B) of this section because of a 408
medical emergency or medical necessity shall enter the reasons 409
for his THE conclusion that a medical emergency or medical 411
necessity exists in the medical record of the pregnant woman. 412
(F) If the conditions specified in division (B) of this 414
section are satisfied, consent to an abortion shall be presumed 415
to be valid and effective. 416
(G) The performance or inducement of an abortion without 418
the prior satisfaction of the conditions specified in division 419
(B) of this section does not constitute, and shall not be 420
construed as constituting, a violation of division (A) of section 421
2919.12 of the Revised Code. The failure of a physician to 422
satisfy the conditions of division (B) of this section prior to 423
performing or inducing an abortion upon a pregnant woman may be 424
the basis of both of the following: 425
(1) A civil action for compensatory and exemplary damages 427
as described in division (H) of this section; 428
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(2) Disciplinary action under section 4731.22 of the 430
Revised Code. 431
(H)(1) Subject to divisions (H)(2) and (3) of this 433
section, any physician who performs or induces an abortion with 434
actual knowledge that the conditions specified in division (B) of 435
this section have not been satisfied or with a heedless 436
indifference as to whether those conditions have been satisfied 437
is liable in compensatory and exemplary damages in a civil action 438
to any person, or the representative of the estate of any person, 439
who sustains injury, death, or loss to person or property as a 440
result of the failure to satisfy those conditions. In the civil 441
action, the court additionally may enter any injunctive or other 442
equitable relief that it considers appropriate. 443
(2) The following shall be affirmative defenses in a civil 445
action authorized by division (H)(1) of this section: 446
(a) The physician performed or induced the abortion under 448
the circumstances described in division (E) of this section. 449
(b) The physician made a good faith effort to satisfy the 451
conditions specified in division (B) of this section. 452
(c) The physician or an agent of the physician requested 454
copies of the materials published in accordance with division (C) 455
of this section from the department of health, but the physician 457
was not able to give a pregnant woman copies of the materials 458
pursuant to division (B)(3)(2) of this section and to obtain a 460
certification as described in divisions (B)(4)(3) and (5)(4) of 462
this section because the department failed to make the requested 463
number of copies available to the physician or his agent in 464
accordance with division (D) of this section.
(3) An employer or other principal is not liable in 466
damages in a civil action authorized by division (H)(1) of this 467
section on the basis of the doctrine of respondeat superior 468
unless either of the following applies: 469
(a) The employer or other principal had actual knowledge 471
or, by the exercise of reasonable diligence, should have known 472
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that his AN employee or agent performed or induced an abortion 473
with actual knowledge that the conditions specified in division 475
(B) of this section had not been satisfied or with a heedless 476
indifference as to whether those conditions had been satisfied. 477
(b) The employer or other principal negligently failed to 479
secure the compliance of his AN employee or agent with division 480
(B) of this section. 482
(4) Notwithstanding division (E) of section 2919.12 of the 484
Revised Code, the civil action authorized by division (H)(1) of 485
this section shall be the exclusive civil remedy for persons, or 486
the representatives of estates of persons, who allegedly sustain 487
injury, death, or loss to person or property as a result of a 488
failure to satisfy the conditions specified in division (B) of 489
this section. 490
(I) The department of human services shall prepare and 492
conduct a public information program to inform women of all 493
available governmental programs and agencies that provide 494
services or assistance for family planning, prenatal care, child 495
care, or alternatives to abortion. 496
Sec. 2919.121. (A) FOR THE PURPOSE OF THIS SECTION, A 498
MINOR SHALL BE CONSIDERED "EMANCIPATED" IF THE MINOR HAS MARRIED, 499
ENTERED THE ARMED SERVICES OF THE UNITED STATES, BECOME EMPLOYED 501
AND SELF-SUBSISTING, OR HAS OTHERWISE BECOME INDEPENDENT FROM THE 503
CARE AND CONTROL OF HER PARENT, GUARDIAN, OR CUSTODIAN. 505
(B) NO PERSON SHALL KNOWINGLY PERFORM OR INDUCE AN 507
ABORTION UPON A PREGNANT MINOR UNLESS ONE OF THE FOLLOWING IS THE 508
CASE:
(1) THE ATTENDING PHYSICIAN HAS SECURED THE INFORMED 510
WRITTEN CONSENT OF THE MINOR AND ONE PARENT, GUARDIAN, OR 511
CUSTODIAN;
(2) THE MINOR IS EMANCIPATED AND THE ATTENDING PHYSICIAN 513
HAS RECEIVED HER WRITTEN INFORMED CONSENT; 514
(3) THE MINOR HAS BEEN AUTHORIZED TO CONSENT TO THE 516
ABORTION BY A COURT ORDER ISSUED PURSUANT TO DIVISION (C) OF THIS 517
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SECTION, AND THE ATTENDING PHYSICIAN HAS RECEIVED HER INFORMED 518
WRITTEN CONSENT;
(4) THE COURT HAS GIVEN ITS CONSENT IN ACCORDANCE WITH 520
DIVISION (C) OF THIS SECTION AND THE MINOR IS HAVING THE ABORTION 521
WILLINGLY. 522
(C) THE RIGHT OF A MINOR TO CONSENT TO AN ABORTION UNDER 524
DIVISION (B)(3) OF THIS SECTION OR JUDICIAL CONSENT TO OBTAIN AN 525
ABORTION UNDER DIVISION (B)(4) OF THIS SECTION MAY BE GRANTED BY 527
A COURT ORDER PURSUANT TO THE FOLLOWING PROCEDURES: 528
(1) THE MINOR OR NEXT FRIEND SHALL MAKE AN APPLICATION TO 530
THE JUVENILE COURT OF THE COUNTY IN WHICH THE MINOR HAS A 531
RESIDENCE OR LEGAL SETTLEMENT, THE JUVENILE COURT OF ANY COUNTY 533
THAT BORDERS THE COUNTY IN WHICH SHE HAS A RESIDENCE OR LEGAL 534
SETTLEMENT, OR THE JUVENILE COURT OF THE COUNTY IN WHICH THE
FACILITY IN WHICH THE ABORTION WOULD BE PERFORMED OR INDUCED IS 535
LOCATED. THE JUVENILE COURT SHALL ASSIST THE MINOR OR NEXT 536
FRIEND IN PREPARING THE PETITION AND NOTICES REQUIRED BY THIS 537
SECTION. THE MINOR OR NEXT FRIEND SHALL THEREAFTER FILE A 538
PETITION SETTING FORTH ALL OF THE FOLLOWING: THE INITIALS OF THE
MINOR; HER AGE; THE NAMES AND ADDRESSES OF EACH PARENT, GUARDIAN, 540
CUSTODIAN, OR, IF THE MINOR'S PARENTS ARE DECEASED AND NO 541
GUARDIAN HAS BEEN APPOINTED, ANY OTHER PERSON STANDING IN LOCO 542
PARENTIS OF THE MINOR; THAT THE MINOR HAS BEEN FULLY INFORMED OF 543
THE RISKS AND CONSEQUENCES OF THE ABORTION; THAT THE MINOR IS OF
SOUND MIND AND HAS SUFFICIENT INTELLECTUAL CAPACITY TO CONSENT TO 544
THE ABORTION; THAT THE MINOR HAS NOT PREVIOUSLY FILED A PETITION 546
UNDER THIS SECTION CONCERNING THE SAME PREGNANCY THAT WAS DENIED 547
ON THE MERITS; THAT, IF THE COURT DOES NOT AUTHORIZE THE MINOR TO 549
CONSENT TO THE ABORTION, THE COURT SHOULD FIND THAT THE ABORTION 550
IS IN THE BEST INTERESTS OF THE MINOR AND GIVE JUDICIAL CONSENT 551
TO THE ABORTION; THAT THE COURT SHOULD APPOINT A GUARDIAN AD
LITEM; AND IF THE MINOR DOES NOT HAVE PRIVATE COUNSEL, THAT THE 553
COURT SHOULD APPOINT COUNSEL. THE PETITION SHALL BE SIGNED BY 554
THE MINOR OR THE NEXT FRIEND.
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(2) A HEARING ON THE MERITS SHALL BE HELD ON THE RECORD AS 556
SOON AS POSSIBLE WITHIN FIVE DAYS OF FILING THE PETITION. IF THE 557
MINOR HAS NOT RETAINED COUNSEL, THE COURT SHALL APPOINT COUNSEL 558
AT LEAST TWENTY-FOUR HOURS PRIOR TO THE HEARING. THE COURT SHALL 559
APPOINT A GUARDIAN AD LITEM TO PROTECT THE INTERESTS OF THE MINOR 560
AT THE HEARING. IF THE GUARDIAN AD LITEM IS AN ATTORNEY ADMITTED 561
TO THE PRACTICE OF LAW IN THIS STATE, THE COURT MAY APPOINT THE 562
GUARDIAN AD LITEM TO SERVE AS THE MINOR'S COUNSEL. AT THE
HEARING, THE COURT SHALL HEAR EVIDENCE RELATING TO THE EMOTIONAL 564
DEVELOPMENT, MATURITY, INTELLECT, AND UNDERSTANDING OF THE MINOR;
THE NATURE, POSSIBLE CONSEQUENCES, AND ALTERNATIVES TO THE 566
ABORTION; AND ANY OTHER EVIDENCE THAT THE COURT MAY FIND USEFUL 567
IN DETERMINING WHETHER THE MINOR SHOULD BE GRANTED THE RIGHT TO 569
CONSENT TO THE ABORTION OR WHETHER THE ABORTION IS IN THE BEST 570
INTERESTS OF THE MINOR. IF THE MINOR OR HER COUNSEL FAIL TO
APPEAR FOR A SCHEDULED HEARING, JURISDICTION SHALL REMAIN WITH 571
THE JUDGE WHO WOULD HAVE PRESIDED AT THE HEARING. 572
(3) IF THE COURT FINDS THAT THE MINOR IS SUFFICIENTLY 575
MATURE AND WELL ENOUGH INFORMED TO DECIDE INTELLIGENTLY WHETHER
TO HAVE AN ABORTION, THE COURT SHALL GRANT THE PETITION AND 576
PERMIT THE MINOR TO CONSENT TO THE ABORTION. 578
IF THE COURT FINDS THAT THE ABORTION IS IN THE BEST 580
INTERESTS OF THE MINOR, THE COURT SHALL GIVE JUDICIAL CONSENT TO 581
THE ABORTION, SETTING FORTH THE GROUNDS FOR ITS FINDING. 582
IF THE COURT DOES NOT MAKE EITHER OF THE FINDINGS SPECIFIED 585
IN DIVISION (C)(3) OF THIS SECTION, THE COURT SHALL DENY THE 586
PETITION, SETTING FORTH THE GROUNDS ON WHICH THE PETITION IS
DENIED.
THE COURT SHALL ISSUE ITS ORDER NOT LATER THAN TWENTY-FOUR 588
HOURS AFTER THE END OF THE HEARING. 589
(4) NO JUVENILE COURT SHALL HAVE JURISDICTION TO REHEAR A 591
PETITION CONCERNING THE SAME PREGNANCY ONCE A JUVENILE COURT HAS 592
GRANTED OR DENIED THE PETITION.
(5) IF THE PETITION IS GRANTED, THE INFORMED CONSENT OF 594
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THE MINOR, PURSUANT TO A COURT ORDER AUTHORIZING THE MINOR TO 596
CONSENT TO THE ABORTION, OR JUDICIAL CONSENT TO THE ABORTION, 597
SHALL BAR AN ACTION BY THE PARENTS, GUARDIAN, OR CUSTODIAN OF THE 598
MINOR FOR BATTERY OF THE MINOR AGAINST ANY PERSON PERFORMING OR 599
INDUCING THE ABORTION. THE IMMUNITY GRANTED SHALL ONLY EXTEND TO
THE PERFORMANCE OR INDUCEMENT OF THE ABORTION IN ACCORDANCE WITH 600
THIS SECTION AND TO ANY ACCOMPANYING SERVICES THAT ARE PERFORMED 601
IN A COMPETENT MANNER.
(6) AN APPEAL FROM AN ORDER ISSUED UNDER THIS SECTION MAY 603
BE TAKEN TO THE COURT OF APPEALS BY THE MINOR. THE RECORD ON 604
APPEAL SHALL BE COMPLETED AND THE APPEAL PERFECTED WITHIN FOUR 605
DAYS FROM THE FILING OF THE NOTICE OF APPEAL. BECAUSE THE 606
ABORTION MAY NEED TO BE PERFORMED IN A TIMELY MANNER, THE SUPREME 607
COURT SHALL, BY RULE, PROVIDE FOR EXPEDITED APPELLATE REVIEW OF
CASES APPEALED UNDER THIS SECTION. 608
(7) ALL PROCEEDINGS UNDER THIS SECTION SHALL BE CONDUCTED 610
IN A CONFIDENTIAL MANNER AND SHALL BE GIVEN SUCH PRECEDENCE OVER 612
OTHER PENDING MATTERS AS WILL ENSURE THAT THE COURT WILL REACH A 613
DECISION PROMPTLY AND WITHOUT DELAY.
THE PETITION AND ALL OTHER PAPERS AND RECORDS THAT PERTAIN 615
TO AN ACTION COMMENCED UNDER THIS SECTION SHALL BE KEPT 616
CONFIDENTIAL AND ARE NOT PUBLIC RECORDS UNDER SECTION 149.43 OF 617
THE REVISED CODE.
(8) NO FILING FEE SHALL BE REQUIRED OF OR COURT COSTS 619
ASSESSED AGAINST A PERSON FILING A PETITION UNDER THIS SECTION OR 620
APPEALING AN ORDER ISSUED UNDER THIS SECTION. 621
(D) IT IS AN AFFIRMATIVE DEFENSE TO ANY CIVIL, CRIMINAL, 623
OR PROFESSIONAL DISCIPLINARY CLAIM BROUGHT UNDER THIS SECTION 625
THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION WAS NOT 626
POSSIBLE BECAUSE AN IMMEDIATE THREAT OF SERIOUS RISK TO THE LIFE 627
OR PHYSICAL HEALTH OF THE MINOR FROM THE CONTINUATION OF HER 628
PREGNANCY CREATED AN EMERGENCY NECESSITATING THE IMMEDIATE
PERFORMANCE OR INDUCEMENT OF AN ABORTION. 629
(E) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 631
16
GUILTY OF UNLAWFUL ABORTION, A MISDEMEANOR OF THE FIRST DEGREE. 633
IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 635
GUILTY TO A VIOLATION OF THIS SECTION, UNLAWFUL ABORTION IS A
FELONY OF THE FOURTH DEGREE. 636
(F) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 638
LIABLE TO THE PREGNANT MINOR AND HER PARENTS, GUARDIAN, OR 639
CUSTODIAN FOR CIVIL, COMPENSATORY, AND EXEMPLARY DAMAGES. 640
Sec. 2919.122. SECTION 2919.121 OF THE REVISED CODE 642
APPLIES IN LIEU OF DIVISION (B) OF SECTION 2919.12 OF THE REVISED 643
CODE WHENEVER ITS OPERATION IS NOT ENJOINED. IF SECTION 2919.121 644
OF THE REVISED CODE IS ENJOINED, DIVISION (B) OF SECTION 2919.12 646
OF THE REVISED CODE APPLIES.
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF DIVISION (B) 648
OF SECTION 2919.12 OF THE REVISED CODE UNDER THE GOOD FAITH 649
BELIEF THAT THE APPLICATION OR ENFORCEMENT OF SECTION 2919.121 OF 650
THE REVISED CODE IS SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, 652
GOOD FAITH COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY
CIVIL, CRIMINAL, OR PROFESSIONAL DISCIPLINARY ACTION BROUGHT 653
UNDER SECTION 2919.121 OF THE REVISED CODE. 654
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF SECTION 656
2919.121 OF THE REVISED CODE UNDER THE GOOD FAITH BELIEF THAT IT 658
IS NOT SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, GOOD FAITH
COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY CRIMINAL, 659
CIVIL, OR PROFESSIONAL DISCIPLINARY ACTION FOR FAILURE TO COMPLY 660
WITH THE REQUIREMENTS OF DIVISION (B) OF SECTION 2919.12 OF THE 661
REVISED CODE. 662
Section 2. That existing section 2317.56 of the Revised 664
Code is hereby repealed. 665
Section 3. It is the intention of the General Assembly 667
that section 2919.121 of the Revised Code be interpreted and 668
applied in accordance with the decisions in Planned Parenthood v. 670
Ashcroft, 655 F.2d 848 (8th Cir., 1981), and Planned Parenthood 671
v. Ashcroft, 103 S. Ct. 2517 (1983), which interpreted and upheld 672
the Missouri statute upon which section 2919.121 of the Revised 673
17
Code is based.