As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 351 5
1999-2000 6
REPRESENTATIVES LUEBBERS-JERSE-JORDAN-GARDNER-HARTNETT-BUEHRER- 8
CALVERT-CALLENDER-JACOBSON-TIBERI-MYERS-ROMAN-WINKLER-KRUPINSKI- 9
CLANCY-KREBS-NETZLEY-HOUSEHOLDER-CAREY-METZGER-HARRIS-MAIER- 10
CATES-MOTTLEY-GRENDELL-FLANNERY-LOGAN-BRADING-TAYLOR-WILLAMOWSKI- 11
HOOPS-TRAKAS-BUCHY-VERICH-YOUNG-SCHULER-VAN VYVEN-AMSTUTZ-HOOD- 12
SULZER-EVANS-DePIERO-JOLIVETTE-WILLIAMS-PADGETT-HAINES-STAPLETON- 13
COUGHLIN-SCHURING-BATEMAN-AUSTRIA-KILBANE-CORE-SCHUCK- 15
WOMER BENJAMIN-A. CORE
_________________________________________________________________ 16
A B I L L
To amend sections 2901.01 and 2903.09, to enact 18
sections 2305.114, 2307.53, and 2919.151, and to 20
repeal sections 2307.51 and 2919.15 of the
Revised Code to create the offense of partial 21
birth feticide, to allow specified persons to 22
commence a civil action for partial birth 23
feticide, and to repeal the prohibition against 24
performing a dilation and extraction procedure on
a pregnant woman and the related civil action. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2901.01 and 2903.09 be amended 29
and sections 2305.114, 2307.53, and 2919.151 of the Revised Code 30
be enacted to read as follows: 31
Sec. 2305.114. A CIVIL ACTION PURSUANT TO SECTION 2307.53 33
OF THE REVISED CODE FOR PARTIAL BIRTH FETICIDE SHALL BE COMMENCED 35
WITHIN ONE YEAR AFTER THE COMMISSION OF THAT OFFENSE. 36
Sec. 2307.53. (A) AS USED IN THIS SECTION: 38
(1) "FRIVOLOUS CONDUCT" HAS THE SAME MEANING AS IN SECTION 40
2323.51 OF THE REVISED CODE. 41
2
(2) "PARTIAL BIRTH PROCEDURE" HAS THE SAME MEANING AS IN 43
SECTION 2919.151 OF THE REVISED CODE. 44
(B) A WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE IS 46
PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF SECTION 2919.151 48
OF THE REVISED CODE, THE FATHER OF THE CHILD IF THE CHILD WAS NOT 50
CONCEIVED BY RAPE, OR THE PARENT OF THE WOMAN IF THE WOMAN IS NOT 51
EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE VIOLATION HAS 52
AND MAY COMMENCE A CIVIL ACTION FOR COMPENSATORY DAMAGES, 53
PUNITIVE OR EXEMPLARY DAMAGES IF AUTHORIZED BY SECTION 2315.21 OF 54
THE REVISED CODE, AND COURT COSTS AND REASONABLE ATTORNEY'S FEES 56
AGAINST THE PERSON WHO COMMITTED THE VIOLATION. 57
(C) IF A JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT IN 59
A CIVIL ACTION COMMENCED PURSUANT TO DIVISION (B) OF THIS SECTION 61
AND THE COURT FINDS, UPON THE FILING OF A MOTION UNDER SECTION 62
2323.51 OF THE REVISED CODE, THAT THE COMMENCEMENT OF THE CIVIL 63
ACTION CONSTITUTES FRIVOLOUS CONDUCT AND THAT THE DEFENDANT WAS 64
ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT, THE COURT SHALL 65
AWARD IN ACCORDANCE WITH SECTION 2323.51 OF THE REVISED CODE 66
REASONABLE ATTORNEY'S FEES TO THE DEFENDANT. 68
Sec. 2901.01. (A) As used in the Revised Code: 77
(1) "Force" means any violence, compulsion, or constraint 79
physically exerted by any means upon or against a person or 80
thing. 81
(2) "Deadly force" means any force that carries a 83
substantial risk that it will proximately result in the death of 84
any person. 85
(3) "Physical harm to persons" means any injury, illness, 87
or other physiological impairment, regardless of its gravity or 88
duration. 89
(4) "Physical harm to property" means any tangible or 91
intangible damage to property that, in any degree, results in 92
loss to its value or interferes with its use or enjoyment. 93
"Physical harm to property" does not include wear and tear 94
occasioned by normal use. 95
3
(5) "Serious physical harm to persons" means any of the 97
following: 98
(a) Any mental illness or condition of such gravity as 100
would normally require hospitalization or prolonged psychiatric 101
treatment; 102
(b) Any physical harm that carries a substantial risk of 104
death; 105
(c) Any physical harm that involves some permanent 107
incapacity, whether partial or total, or that involves some 108
temporary, substantial incapacity; 109
(d) Any physical harm that involves some permanent 111
disfigurement or that involves some temporary, serious 112
disfigurement; 113
(e) Any physical harm that involves acute pain of such 115
duration as to result in substantial suffering or that involves 116
any degree of prolonged or intractable pain. 117
(6) "Serious physical harm to property" means any physical 119
harm to property that does either of the following: 120
(a) Results in substantial loss to the value of the 122
property or requires a substantial amount of time, effort, or 123
money to repair or replace; 124
(b) Temporarily prevents the use or enjoyment of the 126
property or substantially interferes with its use or enjoyment 127
for an extended period of time. 128
(7) "Risk" means a significant possibility, as contrasted 130
with a remote possibility, that a certain result may occur or 131
that certain circumstances may exist. 132
(8) "Substantial risk" means a strong possibility, as 134
contrasted with a remote or significant possibility, that a 135
certain result may occur or that certain circumstances may exist. 136
(9) "Offense of violence" means any of the following: 138
(a) A violation of section 2903.01, 2903.02, 2903.03, 140
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 141
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 142
4
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 143
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 144
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 145
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 146
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 147
(b) A violation of an existing or former municipal 149
ordinance or law of this or any other state or the United States, 150
substantially equivalent to any section, division, or offense 152
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 154
existing or former municipal ordinance or law of this or any 155
other state or the United States, committed purposely or 156
knowingly, and involving physical harm to persons or a risk of 157
serious physical harm to persons; 158
(d) A conspiracy or attempt to commit, or complicity in 160
committing, any offense under division (A)(9)(a), (b), or (c) of 162
this section.
(10)(a) "Property" means any property, real or personal, 165
tangible or intangible, and any interest or license in that 166
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 167
telecommunications devices, information service, computers, data, 168
computer software, financial instruments associated with 170
computers, other documents associated with computers, or copies 171
of the documents, whether in machine or human readable form, 172
trade secrets, trademarks, copyrights, patents, and property 173
protected by a trademark, copyright, or patent. "Financial 174
instruments associated with computers" include, but are not 175
limited to, checks, drafts, warrants, money orders, notes of 176
indebtedness, certificates of deposit, letters of credit, bills 177
of credit or debit cards, financial transaction authorization 178
mechanisms, marketable securities, or any computer system 179
representations of any of them. 180
5
(b) As used in division (A)(10) of this section, "trade 183
secret" has the same meaning as in section 1333.61 of the Revised 184
Code, and "telecommunications service" and "information service" 186
have the same meanings as in section 2913.01 of the Revised Code. 187
(c) As used in divisions (A)(10) and (13) of this section, 190
"cable television service," "computer," "computer software," 191
"computer system," "computer network," "data," and 192
"telecommunications device" have the same meanings as in section 193
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 195
(a) A sheriff, deputy sheriff, constable, police officer 197
of a township or joint township police district, marshal, deputy 198
marshal, municipal police officer, member of a police force 199
employed by a metropolitan housing authority under division (D) 200
of section 3735.31 of the Revised Code, or state highway patrol 201
trooper; 202
(b) An officer, agent, or employee of the state or any of 204
its agencies, instrumentalities, or political subdivisions, upon 205
whom, by statute, a duty to conserve the peace or to enforce all 206
or certain laws is imposed and the authority to arrest violators 207
is conferred, within the limits of that statutory duty and 208
authority; 209
(c) A mayor, in the mayor's capacity as chief conservator 211
of the peace within the mayor's municipal corporation; 212
(d) A member of an auxiliary police force organized by 214
county, township, or municipal law enforcement authorities, 215
within the scope of the member's appointment or commission; 216
(e) A person lawfully called pursuant to section 311.07 of 218
the Revised Code to aid a sheriff in keeping the peace, for the 219
purposes and during the time when the person is called; 220
(f) A person appointed by a mayor pursuant to section 222
737.01 of the Revised Code as a special patrolling officer during 224
riot or emergency, for the purposes and during the time when the 225
person is appointed;
6
(g) A member of the organized militia of this state or the 227
armed forces of the United States, lawfully called to duty to aid 228
civil authorities in keeping the peace or protect against 229
domestic violence; 230
(h) A prosecuting attorney, assistant prosecuting 232
attorney, secret service officer, or municipal prosecutor; 233
(i) An Ohio veterans' home police officer appointed under 235
section 5907.02 of the Revised Code; 236
(j) A member of a police force employed by a regional 238
transit authority under division (Y) of section 306.35 of the 239
Revised Code.
(12) "Privilege" means an immunity, license, or right 241
conferred by law, bestowed by express or implied grant, arising 243
out of status, position, office, or relationship, or growing out 244
of necessity.
(13) "Contraband" means any property described in the 246
following categories: 247
(a) Property that in and of itself is unlawful for a 249
person to acquire or possess; 250
(b) Property that is not in and of itself unlawful for a 252
person to acquire or possess, but that has been determined by a 253
court of this state, in accordance with law, to be contraband 254
because of its use in an unlawful activity or manner, of its 255
nature, or of the circumstances of the person who acquires or 256
possesses it, including, but not limited to, goods and personal 257
property described in division (D) of section 2913.34 of the 258
Revised Code;
(c) Property that is specifically stated to be contraband 260
by a section of the Revised Code or by an ordinance, regulation, 261
or resolution; 262
(d) Property that is forfeitable pursuant to a section of 264
the Revised Code, or an ordinance, regulation, or resolution, 265
including, but not limited to, forfeitable firearms, dangerous 266
ordnance, obscene materials, and goods and personal property 268
7
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 270
3719.01 of the Revised Code, or any device, paraphernalia, money 271
as defined in section 1301.01 of the Revised Code, or other means 272
of exchange that has been, is being, or is intended to be used in 273
an attempt or conspiracy to violate, or in a violation of, 274
Chapter 2925. or 3719. of the Revised Code; 275
(f) Any gambling device, paraphernalia, money as defined 277
in section 1301.01 of the Revised Code, or other means of 278
exchange that has been, is being, or is intended to be used in an 279
attempt or conspiracy to violate, or in the violation of, Chapter 280
2915. of the Revised Code; 281
(g) Any equipment, machine, device, apparatus, vehicle, 283
vessel, container, liquid, or substance that has been, is being, 284
or is intended to be used in an attempt or conspiracy to violate, 285
or in the violation of, any law of this state relating to alcohol 286
or tobacco; 287
(h) Any personal property that has been, is being, or is 289
intended to be used in an attempt or conspiracy to commit, or in 290
the commission of, any offense or in the transportation of the 291
fruits of any offense; 292
(i) Any property that is acquired through the sale or 294
other transfer of contraband or through the proceeds of 295
contraband, other than by a court or a law enforcement agency 296
acting within the scope of its duties; 297
(j) Any computer, computer system, computer network, 299
computer software, or other telecommunications device that is 300
used in a conspiracy to commit, an attempt to commit, or the 302
commission of any offense, if the owner of the computer, computer 303
system, computer network, computer software, or other 304
telecommunications device is convicted of or pleads guilty to the 305
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 307
relative to a charge of an offense only if the person proves, in 308
8
the manner specified in section 2901.05 of the Revised Code, that 309
at the time of the commission of the offense, the person did not 310
know, as a result of a severe mental disease or defect, the 311
wrongfulness of the person's acts. 312
(B)(1)(a) Subject to division (B)(2) of this section, as 315
used in any section contained in Title XXIX of the Revised Code 316
that sets forth a criminal offense, "person" includes all of the 317
following:
(i) An individual, corporation, business trust, estate, 319
trust, partnership, and association; 320
(ii) An unborn human who is viable. 322
(b) As used in any section contained in Title XXIX of the 325
Revised Code that does not set forth a criminal offense, "person" 326
includes an individual, corporation, business trust, estate, 327
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 329
(i) "Unborn human" means an individual organism of the 331
species homo sapiens from fertilization until live birth. 332
(ii) "Viable" means the stage of development of a human 335
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 336
temporary artificial life-sustaining support. 337
(2) Notwithstanding division (B)(1)(a) of this section, in 339
no case shall the portion of the definition of the term "person" 340
that is set forth in division (B)(1)(a)(ii) of this section be 341
applied or construed in any section contained in Title XXIX of 342
the Revised Code that sets forth a criminal offense in any of the 343
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 345
this section, in a manner so that the offense prohibits or is 346
construed as prohibiting any pregnant woman or her physician from 347
performing an abortion with the consent of the pregnant woman, 348
with the consent of the pregnant woman implied by law in a 349
medical emergency, or with the approval of one otherwise 350
9
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 351
described in the immediately preceding sentence may be punished 352
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 353
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 354
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 355
An abortion that does not violate the conditions described in the 356
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15 357
2919.151, 2919.17, or 2919.18 of the Revised Code, may be 359
punished as a violation of section 2919.12, division (B) of 360
section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of 361
the Revised Code, as applicable. Consent is sufficient under 363
this division if it is of the type otherwise adequate to permit 364
medical treatment to the pregnant woman, even if it does not 365
comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 368
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 369
results in any of the following: 370
(i) Her delivery of a stillborn baby; 372
(ii) Her causing, in any other manner, the death in utero 375
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 378
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 379
(iv) Her causing her child who is born alive to sustain 382
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 385
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 386
or a mental illness or condition, regardless of its duration or 387
gravity, to a viable, unborn human that she is carrying. 388
(C) As used in Title XXIX of the Revised Code: 390
10
(1) "School safety zone" consists of a school, school 393
building, school premises, school activity, and school bus. 394
(2) "School," "school building," and "school premises" 396
have the same meanings as in section 2925.01 of the Revised Code. 397
(3) "School activity" means any activity held under the 399
auspices of a board of education of a city, local, exempted 401
village, joint vocational, or cooperative education school 402
district, a governing board of an educational service center, or 403
the governing body of a school for which the state board of 404
education prescribes minimum standards under section 3301.07 of 405
the Revised Code. 406
(4) "School bus" has the same meaning as in section 408
4511.01 of the Revised Code. 410
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 419
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 421
(A) "Unlawful termination of another's pregnancy" means 424
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 425
result of injuries inflicted during the period that begins with 426
fertilization and that continues unless and until live birth 427
occurs.
(B) "Another's unborn" or "such other person's unborn" 429
means a member of the species homo sapiens, who is or was carried 430
in the womb of another, during a period that begins with 431
fertilization and that continues unless and until live birth 432
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 435
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 437
"such other person's unborn" that are set forth in division (A) 438
of this section be applied or construed in any of the following 439
manners:
(1) Except as otherwise provided in division (C)(1) of 441
this section, in a manner so that the offense prohibits or is 442
11
construed as prohibiting any pregnant woman or her physician from 443
performing an abortion with the actual consent of the pregnant 444
woman, with the consent of the pregnant woman implied by law in a 446
medical emergency, or with the approval of one otherwise 447
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 448
described in the immediately preceding sentence may be punished 449
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 450
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 451
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 453
An abortion that does not violate the conditions described in the 454
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15 455
2919.151, 2919.17, or 2919.18 of the Revised Code, may be 457
punished as a violation of section 2919.12, division (B) of 459
section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of 461
the Revised Code, as applicable. 462
(2) In a manner so that the offense is applied or is 465
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 466
results in any of the following: 467
(a) Her delivery of a stillborn baby; 469
(b) Her causing, in any other manner, the death in utero 472
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 475
but who dies from one or more injuries that are sustained while
the child is an unborn; 476
(d) Her causing her child who is born alive to sustain one 479
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 482
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 483
or a mental illness or condition, regardless of its duration or 484
gravity, to an unborn that she is carrying. 485
12
Sec. 2919.151. (A) AS USED IN THIS SECTION: 487
(1) "FROM THE BODY OF THE MOTHER" MEANS THAT THE PORTION 489
OF THE FETUS' BODY IN QUESTION IS BEYOND THE MOTHER'S VAGINAL 492
INTROITUS IN A VAGINAL DELIVERY. 493
(2) "PARTIAL BIRTH PROCEDURE" MEANS THE MEDICAL PROCEDURE 495
THAT INCLUDES ALL OF THE FOLLOWING ELEMENTS IN SEQUENCE: 496
(a) DELIBERATE DILATION OF THE CERVIX OF A PREGNANT WOMAN, 498
USUALLY OVER A SEQUENCE OF DAYS; 500
(b) IN A BREECH PRESENTATION, DELIBERATE EXTRACTION OF AT 502
LEAST THE LOWER TORSO TO THE NAVEL, BUT NOT THE ENTIRE BODY, OF 504
AN INTACT FETUS FROM THE BODY OF THE MOTHER, OR IN A CEPHALIC 506
PRESENTATION, DELIBERATE EXTRACTION OF AT LEAST THE COMPLETE 507
HEAD, BUT NOT THE ENTIRE BODY, OF AN INTACT FETUS FROM THE BODY 509
OF THE MOTHER; 510
(c) PARTIAL EVACUATION OF THE INTRACRANIAL CONTENTS OF THE 512
FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE PROCEDURE KNOWS 513
WILL CAUSE THE DEATH OF THE FETUS, COMPRESSION OF THE HEAD OF THE 514
FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE PROCEDURE KNOWS 515
WILL CAUSE THE DEATH OF THE FETUS, OR PERFORMANCE OF ANOTHER 517
DELIBERATE ACT THAT THE PERSON PERFORMING THE PROCEDURE KNOWS 518
WILL CAUSE THE DEATH OF THE FETUS; 519
(d) COMPLETION OF THE VAGINAL DELIVERY OF THE FETUS. 521
(3) "PARTIALLY BORN" MEANS THAT THE PORTION OF THE BODY OF 523
AN INTACT FETUS DESCRIBED IN DIVISION (A)(2)(b) OF THIS SECTION 524
HAS BEEN DELIBERATELY EXTRACTED FROM THE BODY OF THE MOTHER. 525
(4) "SERIOUS RISK OF THE SUBSTANTIAL AND IRREVERSIBLE 527
IMPAIRMENT OF A MAJOR BODILY FUNCTION" MEANS ANY MEDICALLY 528
DIAGNOSED CONDITION THAT SO COMPLICATES THE PREGNANCY OF THE 529
WOMAN AS TO DIRECTLY OR INDIRECTLY CAUSE THE SUBSTANTIAL AND 530
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 531
(5) "VIABLE" HAS THE SAME MEANING AS IN SECTION 2901.01 OF 533
THE REVISED CODE. 535
(B) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 537
VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 538
13
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 539
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 540
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 541
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 542
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OR AS A RESULT 543
OF THE MOTHER'S LIFE OR HEALTH BEING ENDANGERED BY A SERIOUS RISK 544
OF THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY 545
FUNCTION THAT ARISES DURING AN ABORTION OR DELIVERY. 546
(C) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 548
NOT VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 549
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 550
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 551
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 552
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 553
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OR AS A RESULT 554
OF THE MOTHER'S LIFE OR HEALTH BEING ENDANGERED BY A SERIOUS RISK 555
OF THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY 556
FUNCTION THAT ARISES DURING AN ABORTION OR DELIVERY. 557
(D) WHOEVER VIOLATES DIVISION (B) OR (C) OF THIS SECTION 560
IS GUILTY OF PARTIAL BIRTH FETICIDE, A FELONY OF THE SECOND 562
DEGREE.
(E) A PREGNANT WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE 565
IS PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF THIS SECTION 566
IS NOT GUILTY OF COMMITTING, ATTEMPTING TO COMMIT, COMPLICITY IN 567
THE COMMISSION OF, OR CONSPIRACY IN THE COMMISSION OF A VIOLATION 569
OF THOSE DIVISIONS.
(F) THIS SECTION DOES NOT PROHIBIT SUCTION CURETTAGE, 571
SUCTION ASPIRATION, OR DILATION AND EVACUATION. 572
(G) THIS SECTION DOES NOT APPLY TO ANY PERSON WHO PERFORMS 574
OR ATTEMPTS TO PERFORM A LEGAL ABORTION IF THE ACT THAT CAUSES 575
THE DEATH OF THE FETUS IS PERFORMED PRIOR TO THE FETUS BEING 576
PARTIALLY BORN EVEN THOUGH THE DEATH OF THE FETUS OCCURS AFTER IT 577
IS PARTIALLY BORN.
Section 2. That existing sections 2901.01 and 2903.09 and 579
14
sections 2307.51 and 2919.15 of the Revised Code are hereby 581
repealed.
Section 3. The General Assembly declares all of the 583
following:
(A) In enacting sections 2307.53 and 2919.151 of the 585
Revised Code, its intent is to prevent the unnecessary death of 586
fetuses when they are substantially outside the body of the 587
mother.
(B) This intent is based in part on a state interest in 589
maintaining a strong public policy against infanticide, 590
regardless of the life expectancy or stage of development of the 591
child.
(C) The right to abortion established in Roe v. Wade 593
(1973), 410 U.S. 113, was never intended to legitimize 594
infanticide or to deprive the state of all ability to protect 596
fetuses who are substantially outside the body of the mother.
(D) The act also furthers the state interest in preventing 598
unnecessary cruelty. This interest is not necessarily based 599
solely on the ability of the fetus or child to experience pain. 600
The indignity of being partly delivered before being deliberately 601
killed is also a form of cruelty that should not be unnecessarily 602
inflicted upon any being of human origin. Therefore, there are 603
legitimate reasons for deterring the unnecessary use of the 605
partial birth procedure, even though other abortion procedures
that may cause pain remain available. 608
Section 4. Section 2901.01 of the Revised Code is 610
presented in this act as a composite of the section as amended by 611
both Sub. H.B. 162 and Am. Sub. S.B. 1 of the 123rd General 612
Assembly, with the new language of neither of the acts shown in 613
capital letters. This is in recognition of the principle stated 614
in division (B) of section 1.52 of the Revised Code that such 615
amendments are to be harmonized where not substantively 616
irreconcilable and constitutes a legislative finding that such is 617
the resulting version in effect prior to the effective date of 618
15
this act.