As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-VESPER-DISTEL-PERRY-O'BRIEN- ASLANIDES 16
_________________________________________________________________ 17
A B I L L
To amend sections 2901.01 and 2903.09, to enact 19
sections 2305.114, 2307.53, and 2919.151, and to 21
repeal sections 2307.51 and 2919.15 of the
Revised Code to create the offense of partial 22
birth feticide, to allow specified persons to 23
commence a civil action for partial birth 24
feticide, and to repeal the prohibition against 25
performing a dilation and extraction procedure on
a pregnant woman and the related civil action. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2901.01 and 2903.09 be amended 30
and sections 2305.114, 2307.53, and 2919.151 of the Revised Code 31
be enacted to read as follows: 32
Sec. 2305.114. A CIVIL ACTION PURSUANT TO SECTION 2307.53 34
OF THE REVISED CODE FOR PARTIAL BIRTH FETICIDE SHALL BE COMMENCED 36
WITHIN ONE YEAR AFTER THE COMMISSION OF THAT OFFENSE. 37
Sec. 2307.53. (A) AS USED IN THIS SECTION: 39
(1) "FRIVOLOUS CONDUCT" HAS THE SAME MEANING AS IN SECTION 41
2323.51 OF THE REVISED CODE. 42
2
(2) "PARTIAL BIRTH PROCEDURE" HAS THE SAME MEANING AS IN 44
SECTION 2919.151 OF THE REVISED CODE. 45
(B) A WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE IS 47
PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF SECTION 2919.151 49
OF THE REVISED CODE, THE FATHER OF THE CHILD IF THE CHILD WAS NOT 51
CONCEIVED BY RAPE, OR THE PARENT OF THE WOMAN IF THE WOMAN IS NOT 52
EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE VIOLATION HAS 53
AND MAY COMMENCE A CIVIL ACTION FOR COMPENSATORY DAMAGES, 54
PUNITIVE OR EXEMPLARY DAMAGES IF AUTHORIZED BY SECTION 2315.21 OF 55
THE REVISED CODE, AND COURT COSTS AND REASONABLE ATTORNEY'S FEES 57
AGAINST THE PERSON WHO COMMITTED THE VIOLATION. 58
(C) IF A JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT IN 60
A CIVIL ACTION COMMENCED PURSUANT TO DIVISION (B) OF THIS SECTION 62
AND THE COURT FINDS, UPON THE FILING OF A MOTION UNDER SECTION 63
2323.51 OF THE REVISED CODE, THAT THE COMMENCEMENT OF THE CIVIL 64
ACTION CONSTITUTES FRIVOLOUS CONDUCT AND THAT THE DEFENDANT WAS 65
ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT, THE COURT SHALL 66
AWARD IN ACCORDANCE WITH SECTION 2323.51 OF THE REVISED CODE 67
REASONABLE ATTORNEY'S FEES TO THE DEFENDANT. 69
Sec. 2901.01. (A) As used in the Revised Code: 78
(1) "Force" means any violence, compulsion, or constraint 80
physically exerted by any means upon or against a person or 81
thing. 82
(2) "Deadly force" means any force that carries a 84
substantial risk that it will proximately result in the death of 85
any person. 86
(3) "Physical harm to persons" means any injury, illness, 88
or other physiological impairment, regardless of its gravity or 89
duration. 90
(4) "Physical harm to property" means any tangible or 92
intangible damage to property that, in any degree, results in 93
loss to its value or interferes with its use or enjoyment. 94
"Physical harm to property" does not include wear and tear 95
occasioned by normal use. 96
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(5) "Serious physical harm to persons" means any of the 98
following: 99
(a) Any mental illness or condition of such gravity as 101
would normally require hospitalization or prolonged psychiatric 102
treatment; 103
(b) Any physical harm that carries a substantial risk of 105
death; 106
(c) Any physical harm that involves some permanent 108
incapacity, whether partial or total, or that involves some 109
temporary, substantial incapacity; 110
(d) Any physical harm that involves some permanent 112
disfigurement or that involves some temporary, serious 113
disfigurement; 114
(e) Any physical harm that involves acute pain of such 116
duration as to result in substantial suffering or that involves 117
any degree of prolonged or intractable pain. 118
(6) "Serious physical harm to property" means any physical 120
harm to property that does either of the following: 121
(a) Results in substantial loss to the value of the 123
property or requires a substantial amount of time, effort, or 124
money to repair or replace; 125
(b) Temporarily prevents the use or enjoyment of the 127
property or substantially interferes with its use or enjoyment 128
for an extended period of time. 129
(7) "Risk" means a significant possibility, as contrasted 131
with a remote possibility, that a certain result may occur or 132
that certain circumstances may exist. 133
(8) "Substantial risk" means a strong possibility, as 135
contrasted with a remote or significant possibility, that a 136
certain result may occur or that certain circumstances may exist. 137
(9) "Offense of violence" means any of the following: 139
(a) A violation of section 2903.01, 2903.02, 2903.03, 141
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 142
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 143
4
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 144
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 145
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 146
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 147
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 148
(b) A violation of an existing or former municipal 150
ordinance or law of this or any other state or the United States, 151
substantially equivalent to any section, division, or offense 153
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 155
existing or former municipal ordinance or law of this or any 156
other state or the United States, committed purposely or 157
knowingly, and involving physical harm to persons or a risk of 158
serious physical harm to persons; 159
(d) A conspiracy or attempt to commit, or complicity in 161
committing, any offense under division (A)(9)(a), (b), or (c) of 163
this section.
(10)(a) "Property" means any property, real or personal, 166
tangible or intangible, and any interest or license in that 167
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 168
telecommunications devices, information service, computers, data, 169
computer software, financial instruments associated with 171
computers, other documents associated with computers, or copies 172
of the documents, whether in machine or human readable form, 173
trade secrets, trademarks, copyrights, patents, and property 174
protected by a trademark, copyright, or patent. "Financial 175
instruments associated with computers" include, but are not 176
limited to, checks, drafts, warrants, money orders, notes of 177
indebtedness, certificates of deposit, letters of credit, bills 178
of credit or debit cards, financial transaction authorization 179
mechanisms, marketable securities, or any computer system 180
representations of any of them. 181
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(b) As used in division (A)(10) of this section, "trade 184
secret" has the same meaning as in section 1333.61 of the Revised 185
Code, and "telecommunications service" and "information service" 187
have the same meanings as in section 2913.01 of the Revised Code. 188
(c) As used in divisions (A)(10) and (13) of this section, 191
"cable television service," "computer," "computer software," 192
"computer system," "computer network," "data," and 193
"telecommunications device" have the same meanings as in section 194
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 196
(a) A sheriff, deputy sheriff, constable, police officer 198
of a township or joint township police district, marshal, deputy 199
marshal, municipal police officer, member of a police force 200
employed by a metropolitan housing authority under division (D) 201
of section 3735.31 of the Revised Code, or state highway patrol 202
trooper; 203
(b) An officer, agent, or employee of the state or any of 205
its agencies, instrumentalities, or political subdivisions, upon 206
whom, by statute, a duty to conserve the peace or to enforce all 207
or certain laws is imposed and the authority to arrest violators 208
is conferred, within the limits of that statutory duty and 209
authority; 210
(c) A mayor, in the mayor's capacity as chief conservator 212
of the peace within the mayor's municipal corporation; 213
(d) A member of an auxiliary police force organized by 215
county, township, or municipal law enforcement authorities, 216
within the scope of the member's appointment or commission; 217
(e) A person lawfully called pursuant to section 311.07 of 219
the Revised Code to aid a sheriff in keeping the peace, for the 220
purposes and during the time when the person is called; 221
(f) A person appointed by a mayor pursuant to section 223
737.01 of the Revised Code as a special patrolling officer during 225
riot or emergency, for the purposes and during the time when the 226
person is appointed;
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(g) A member of the organized militia of this state or the 228
armed forces of the United States, lawfully called to duty to aid 229
civil authorities in keeping the peace or protect against 230
domestic violence; 231
(h) A prosecuting attorney, assistant prosecuting 233
attorney, secret service officer, or municipal prosecutor; 234
(i) An Ohio veterans' home police officer appointed under 236
section 5907.02 of the Revised Code; 237
(j) A member of a police force employed by a regional 239
transit authority under division (Y) of section 306.35 of the 240
Revised Code.
(12) "Privilege" means an immunity, license, or right 242
conferred by law, bestowed by express or implied grant, arising 244
out of status, position, office, or relationship, or growing out 245
of necessity.
(13) "Contraband" means any property described in the 247
following categories: 248
(a) Property that in and of itself is unlawful for a 250
person to acquire or possess; 251
(b) Property that is not in and of itself unlawful for a 253
person to acquire or possess, but that has been determined by a 254
court of this state, in accordance with law, to be contraband 255
because of its use in an unlawful activity or manner, of its 256
nature, or of the circumstances of the person who acquires or 257
possesses it, including, but not limited to, goods and personal 258
property described in division (D) of section 2913.34 of the 259
Revised Code;
(c) Property that is specifically stated to be contraband 261
by a section of the Revised Code or by an ordinance, regulation, 262
or resolution; 263
(d) Property that is forfeitable pursuant to a section of 265
the Revised Code, or an ordinance, regulation, or resolution, 266
including, but not limited to, forfeitable firearms, dangerous 267
ordnance, obscene materials, and goods and personal property 269
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described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 271
3719.01 of the Revised Code, or any device, paraphernalia, money 272
as defined in section 1301.01 of the Revised Code, or other means 273
of exchange that has been, is being, or is intended to be used in 274
an attempt or conspiracy to violate, or in a violation of, 275
Chapter 2925. or 3719. of the Revised Code; 276
(f) Any gambling device, paraphernalia, money as defined 278
in section 1301.01 of the Revised Code, or other means of 279
exchange that has been, is being, or is intended to be used in an 280
attempt or conspiracy to violate, or in the violation of, Chapter 281
2915. of the Revised Code; 282
(g) Any equipment, machine, device, apparatus, vehicle, 284
vessel, container, liquid, or substance that has been, is being, 285
or is intended to be used in an attempt or conspiracy to violate, 286
or in the violation of, any law of this state relating to alcohol 287
or tobacco; 288
(h) Any personal property that has been, is being, or is 290
intended to be used in an attempt or conspiracy to commit, or in 291
the commission of, any offense or in the transportation of the 292
fruits of any offense; 293
(i) Any property that is acquired through the sale or 295
other transfer of contraband or through the proceeds of 296
contraband, other than by a court or a law enforcement agency 297
acting within the scope of its duties; 298
(j) Any computer, computer system, computer network, 300
computer software, or other telecommunications device that is 301
used in a conspiracy to commit, an attempt to commit, or the 303
commission of any offense, if the owner of the computer, computer 304
system, computer network, computer software, or other 305
telecommunications device is convicted of or pleads guilty to the 306
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 308
relative to a charge of an offense only if the person proves, in 309
8
the manner specified in section 2901.05 of the Revised Code, that 310
at the time of the commission of the offense, the person did not 311
know, as a result of a severe mental disease or defect, the 312
wrongfulness of the person's acts. 313
(B)(1)(a) Subject to division (B)(2) of this section, as 316
used in any section contained in Title XXIX of the Revised Code 317
that sets forth a criminal offense, "person" includes all of the 318
following:
(i) An individual, corporation, business trust, estate, 320
trust, partnership, and association; 321
(ii) An unborn human who is viable. 323
(b) As used in any section contained in Title XXIX of the 326
Revised Code that does not set forth a criminal offense, "person" 327
includes an individual, corporation, business trust, estate, 328
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 330
(i) "Unborn human" means an individual organism of the 332
species homo sapiens from fertilization until live birth. 333
(ii) "Viable" means the stage of development of a human 336
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 337
temporary artificial life-sustaining support. 338
(2) Notwithstanding division (B)(1)(a) of this section, in 340
no case shall the portion of the definition of the term "person" 341
that is set forth in division (B)(1)(a)(ii) of this section be 342
applied or construed in any section contained in Title XXIX of 343
the Revised Code that sets forth a criminal offense in any of the 344
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 346
this section, in a manner so that the offense prohibits or is 347
construed as prohibiting any pregnant woman or her physician from 348
performing an abortion with the consent of the pregnant woman, 349
with the consent of the pregnant woman implied by law in a 350
medical emergency, or with the approval of one otherwise 351
9
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 352
described in the immediately preceding sentence may be punished 353
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 354
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 355
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 356
An abortion that does not violate the conditions described in the 357
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 358
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 361
punished as a violation of section 2919.12, division (B) of 362
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 363
of the Revised Code, as applicable. Consent is sufficient under 365
this division if it is of the type otherwise adequate to permit 366
medical treatment to the pregnant woman, even if it does not 367
comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 370
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 371
results in any of the following: 372
(i) Her delivery of a stillborn baby; 374
(ii) Her causing, in any other manner, the death in utero 377
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 380
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 381
(iv) Her causing her child who is born alive to sustain 384
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 387
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 388
or a mental illness or condition, regardless of its duration or 389
gravity, to a viable, unborn human that she is carrying. 390
(C) As used in Title XXIX of the Revised Code: 392
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(1) "School safety zone" consists of a school, school 395
building, school premises, school activity, and school bus. 396
(2) "School," "school building," and "school premises" 398
have the same meanings as in section 2925.01 of the Revised Code. 399
(3) "School activity" means any activity held under the 401
auspices of a board of education of a city, local, exempted 403
village, joint vocational, or cooperative education school 404
district, a governing board of an educational service center, or 405
the governing body of a school for which the state board of 406
education prescribes minimum standards under section 3301.07 of 407
the Revised Code. 408
(4) "School bus" has the same meaning as in section 410
4511.01 of the Revised Code. 412
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 421
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 423
(A) "Unlawful termination of another's pregnancy" means 426
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 427
result of injuries inflicted during the period that begins with 428
fertilization and that continues unless and until live birth 429
occurs.
(B) "Another's unborn" or "such other person's unborn" 431
means a member of the species homo sapiens, who is or was carried 432
in the womb of another, during a period that begins with 433
fertilization and that continues unless and until live birth 434
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 437
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 439
"such other person's unborn" that are set forth in division (A) 440
of this section be applied or construed in any of the following 441
manners:
(1) Except as otherwise provided in division (C)(1) of 443
this section, in a manner so that the offense prohibits or is 444
11
construed as prohibiting any pregnant woman or her physician from 445
performing an abortion with the actual consent of the pregnant 446
woman, with the consent of the pregnant woman implied by law in a 448
medical emergency, or with the approval of one otherwise 449
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 450
described in the immediately preceding sentence may be punished 451
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 452
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 453
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 455
An abortion that does not violate the conditions described in the 456
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 457
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 460
punished as a violation of section 2919.12, division (B) of 462
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 464
of the Revised Code, as applicable. 465
(2) In a manner so that the offense is applied or is 468
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 469
results in any of the following: 470
(a) Her delivery of a stillborn baby; 472
(b) Her causing, in any other manner, the death in utero 475
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 478
but who dies from one or more injuries that are sustained while
the child is an unborn; 479
(d) Her causing her child who is born alive to sustain one 482
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 485
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 486
or a mental illness or condition, regardless of its duration or 487
gravity, to an unborn that she is carrying. 488
12
Sec. 2919.151. (A) AS USED IN THIS SECTION: 490
(1) "FROM THE BODY OF THE MOTHER" MEANS THAT THE PORTION 492
OF THE FETUS' BODY IN QUESTION IS BEYOND THE MOTHER'S VAGINAL 495
INTROITUS IN A VAGINAL DELIVERY. 496
(2) "PARTIAL BIRTH PROCEDURE" MEANS THE MEDICAL PROCEDURE 498
THAT INCLUDES ALL OF THE FOLLOWING ELEMENTS IN SEQUENCE: 499
(a) DELIBERATE DILATION OF THE CERVIX OF A PREGNANT WOMAN, 501
USUALLY OVER A SEQUENCE OF DAYS; 503
(b) IN A BREECH PRESENTATION, DELIBERATE EXTRACTION OF AT 505
LEAST THE LOWER TORSO TO THE NAVEL, BUT NOT THE ENTIRE BODY, OF 507
AN INTACT FETUS FROM THE BODY OF THE MOTHER, OR IN A CEPHALIC 509
PRESENTATION, DELIBERATE EXTRACTION OF AT LEAST THE COMPLETE 510
HEAD, BUT NOT THE ENTIRE BODY, OF AN INTACT FETUS FROM THE BODY 512
OF THE MOTHER; 513
(c) PARTIAL EVACUATION OF THE INTRACRANIAL CONTENTS OF THE 515
FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE PROCEDURE KNOWS 516
WILL CAUSE THE DEATH OF THE FETUS, COMPRESSION OF THE HEAD OF THE 517
FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE PROCEDURE KNOWS 518
WILL CAUSE THE DEATH OF THE FETUS, OR PERFORMANCE OF ANOTHER 520
DELIBERATE ACT THAT THE PERSON PERFORMING THE PROCEDURE KNOWS 521
WILL CAUSE THE DEATH OF THE FETUS; 522
(d) COMPLETION OF THE VAGINAL DELIVERY OF THE FETUS. 524
(3) "PARTIALLY BORN" MEANS THAT THE PORTION OF THE BODY OF 526
AN INTACT FETUS DESCRIBED IN DIVISION (A)(2)(b) OF THIS SECTION 527
HAS BEEN DELIBERATELY EXTRACTED FROM THE BODY OF THE MOTHER. 528
(4) "SERIOUS RISK OF THE SUBSTANTIAL AND IRREVERSIBLE 530
IMPAIRMENT OF A MAJOR BODILY FUNCTION" MEANS ANY MEDICALLY 531
DIAGNOSED CONDITION THAT SO COMPLICATES THE PREGNANCY OF THE 532
WOMAN AS TO DIRECTLY OR INDIRECTLY CAUSE THE SUBSTANTIAL AND 533
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 534
(5) "VIABLE" HAS THE SAME MEANING AS IN SECTION 2901.01 OF 536
THE REVISED CODE. 538
(B) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 540
VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 541
13
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 542
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 543
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 544
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 545
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OR AS A RESULT 546
OF THE MOTHER'S LIFE OR HEALTH BEING ENDANGERED BY A SERIOUS RISK 547
OF THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY 548
FUNCTION THAT ARISES DURING AN ABORTION OR DELIVERY. 549
(C) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 551
NOT VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 552
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 553
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 554
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 555
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 556
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OR AS A RESULT 557
OF THE MOTHER'S LIFE OR HEALTH BEING ENDANGERED BY A SERIOUS RISK 558
OF THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY 559
FUNCTION THAT ARISES DURING AN ABORTION OR DELIVERY. 560
(D) WHOEVER VIOLATES DIVISION (B) OR (C) OF THIS SECTION 563
IS GUILTY OF PARTIAL BIRTH FETICIDE, A FELONY OF THE SECOND 565
DEGREE.
(E) A PREGNANT WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE 568
IS PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF THIS SECTION 569
IS NOT GUILTY OF COMMITTING, ATTEMPTING TO COMMIT, COMPLICITY IN 570
THE COMMISSION OF, OR CONSPIRACY IN THE COMMISSION OF A VIOLATION 572
OF THOSE DIVISIONS.
(F) THIS SECTION DOES NOT PROHIBIT SUCTION CURETTAGE, 574
SUCTION ASPIRATION, OR DILATION AND EVACUATION. 575
(G) THIS SECTION DOES NOT APPLY TO ANY PERSON WHO PERFORMS 577
OR ATTEMPTS TO PERFORM A LEGAL ABORTION IF THE ACT THAT CAUSES 578
THE DEATH OF THE FETUS IS PERFORMED PRIOR TO THE FETUS BEING 579
PARTIALLY BORN EVEN THOUGH THE DEATH OF THE FETUS OCCURS AFTER IT 580
IS PARTIALLY BORN.
Section 2. That existing sections 2901.01 and 2903.09 and 582
14
sections 2307.51 and 2919.15 of the Revised Code are hereby 584
repealed.
Section 3. The General Assembly declares all of the 586
following:
(A) In enacting sections 2307.53 and 2919.151 of the 588
Revised Code, its intent is to prevent the unnecessary death of 589
fetuses when they are substantially outside the body of the 590
mother.
(B) This intent is based in part on a state interest in 592
maintaining a strong public policy against infanticide, 593
regardless of the life expectancy or stage of development of the 594
child.
(C) The right to abortion established in Roe v. Wade 596
(1973), 410 U.S. 113, was never intended to legitimize 597
infanticide or to deprive the state of all ability to protect 599
fetuses who are substantially outside the body of the mother.
(D) The act also furthers the state interest in preventing 601
unnecessary cruelty. This interest is not necessarily based 602
solely on the ability of the fetus or child to experience pain. 603
The indignity of being partly delivered before being deliberately 604
killed is also a form of cruelty that should not be unnecessarily 605
inflicted upon any being of human origin. Therefore, there are 606
legitimate reasons for deterring the unnecessary use of the 608
partial birth procedure, even though other abortion procedures
that may cause pain remain available. 611
Section 4. Section 2901.01 of the Revised Code is 613
presented in this act as a composite of the section as amended by 614
both Sub. H.B. 162 and Am. Sub. S.B. 1 of the 123rd General 615
Assembly, with the new language of neither of the acts shown in 616
capital letters. This is in recognition of the principle stated 617
in division (B) of section 1.52 of the Revised Code that such 618
amendments are to be harmonized where not substantively 619
irreconcilable and constitutes a legislative finding that such is 620
the resulting version in effect prior to the effective date of 621
15
this act.