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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
      (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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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.                                                   

                                                          14     

                                                                 
      (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          

                                                          15     

                                                                 
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.