As Reported by the Senate Judiciary 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-VESPER-DISTEL-PERRY-O'BRIEN- ASLANIDES- 16
SENATORS JOHNSON-CUPP-LATTA-BLESSING
_________________________________________________________________ 18
A B I L L
To amend sections 2901.01 and 2903.09, to enact 20
sections 2305.114, 2307.53, and 2919.151, and to 22
repeal sections 2307.51 and 2919.15 of the
Revised Code to create the offense of partial 23
birth feticide, to allow specified persons to 24
commence a civil action for partial birth 25
feticide, and to repeal the prohibition against 26
performing a dilation and extraction procedure on
a pregnant woman and the related civil action. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2901.01 and 2903.09 be amended 31
and sections 2305.114, 2307.53, and 2919.151 of the Revised Code 32
be enacted to read as follows: 33
Sec. 2305.114. A CIVIL ACTION PURSUANT TO SECTION 2307.53 35
OF THE REVISED CODE FOR PARTIAL BIRTH FETICIDE SHALL BE COMMENCED 37
WITHIN ONE YEAR AFTER THE COMMISSION OF THAT OFFENSE. 38
Sec. 2307.53. (A) AS USED IN THIS SECTION: 40
(1) "FRIVOLOUS CONDUCT" HAS THE SAME MEANING AS IN SECTION 42
2
2323.51 OF THE REVISED CODE. 43
(2) "PARTIAL BIRTH PROCEDURE" HAS THE SAME MEANING AS IN 45
SECTION 2919.151 OF THE REVISED CODE. 46
(B) A WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE IS 48
PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF SECTION 2919.151 50
OF THE REVISED CODE, THE FATHER OF THE CHILD IF THE CHILD WAS NOT 52
CONCEIVED BY RAPE, OR THE PARENT OF THE WOMAN IF THE WOMAN IS NOT 53
EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE VIOLATION HAS 54
AND MAY COMMENCE A CIVIL ACTION FOR COMPENSATORY DAMAGES, 55
PUNITIVE OR EXEMPLARY DAMAGES IF AUTHORIZED BY SECTION 2315.21 OF 56
THE REVISED CODE, AND COURT COSTS AND REASONABLE ATTORNEY'S FEES 58
AGAINST THE PERSON WHO COMMITTED THE VIOLATION. 59
(C) IF A JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT IN 61
A CIVIL ACTION COMMENCED PURSUANT TO DIVISION (B) OF THIS SECTION 63
AND THE COURT FINDS, UPON THE FILING OF A MOTION UNDER SECTION 64
2323.51 OF THE REVISED CODE, THAT THE COMMENCEMENT OF THE CIVIL 65
ACTION CONSTITUTES FRIVOLOUS CONDUCT AND THAT THE DEFENDANT WAS 66
ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT, THE COURT SHALL 67
AWARD IN ACCORDANCE WITH SECTION 2323.51 OF THE REVISED CODE 68
REASONABLE ATTORNEY'S FEES TO THE DEFENDANT. 70
Sec. 2901.01. (A) As used in the Revised Code: 79
(1) "Force" means any violence, compulsion, or constraint 81
physically exerted by any means upon or against a person or 82
thing. 83
(2) "Deadly force" means any force that carries a 85
substantial risk that it will proximately result in the death of 86
any person. 87
(3) "Physical harm to persons" means any injury, illness, 89
or other physiological impairment, regardless of its gravity or 90
duration. 91
(4) "Physical harm to property" means any tangible or 93
intangible damage to property that, in any degree, results in 94
loss to its value or interferes with its use or enjoyment. 95
"Physical harm to property" does not include wear and tear 96
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occasioned by normal use. 97
(5) "Serious physical harm to persons" means any of the 99
following: 100
(a) Any mental illness or condition of such gravity as 102
would normally require hospitalization or prolonged psychiatric 103
treatment; 104
(b) Any physical harm that carries a substantial risk of 106
death; 107
(c) Any physical harm that involves some permanent 109
incapacity, whether partial or total, or that involves some 110
temporary, substantial incapacity; 111
(d) Any physical harm that involves some permanent 113
disfigurement or that involves some temporary, serious 114
disfigurement; 115
(e) Any physical harm that involves acute pain of such 117
duration as to result in substantial suffering or that involves 118
any degree of prolonged or intractable pain. 119
(6) "Serious physical harm to property" means any physical 121
harm to property that does either of the following: 122
(a) Results in substantial loss to the value of the 124
property or requires a substantial amount of time, effort, or 125
money to repair or replace; 126
(b) Temporarily prevents the use or enjoyment of the 128
property or substantially interferes with its use or enjoyment 129
for an extended period of time. 130
(7) "Risk" means a significant possibility, as contrasted 132
with a remote possibility, that a certain result may occur or 133
that certain circumstances may exist. 134
(8) "Substantial risk" means a strong possibility, as 136
contrasted with a remote or significant possibility, that a 137
certain result may occur or that certain circumstances may exist. 138
(9) "Offense of violence" means any of the following: 140
(a) A violation of section 2903.01, 2903.02, 2903.03, 142
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 143
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2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 144
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 145
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 146
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 147
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 148
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 149
(b) A violation of an existing or former municipal 151
ordinance or law of this or any other state or the United States, 152
substantially equivalent to any section, division, or offense 154
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 156
existing or former municipal ordinance or law of this or any 157
other state or the United States, committed purposely or 158
knowingly, and involving physical harm to persons or a risk of 159
serious physical harm to persons; 160
(d) A conspiracy or attempt to commit, or complicity in 162
committing, any offense under division (A)(9)(a), (b), or (c) of 164
this section.
(10)(a) "Property" means any property, real or personal, 167
tangible or intangible, and any interest or license in that 168
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 169
telecommunications devices, information service, computers, data, 170
computer software, financial instruments associated with 172
computers, other documents associated with computers, or copies 173
of the documents, whether in machine or human readable form, 174
trade secrets, trademarks, copyrights, patents, and property 175
protected by a trademark, copyright, or patent. "Financial 176
instruments associated with computers" include, but are not 177
limited to, checks, drafts, warrants, money orders, notes of 178
indebtedness, certificates of deposit, letters of credit, bills 179
of credit or debit cards, financial transaction authorization 180
mechanisms, marketable securities, or any computer system 181
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representations of any of them. 182
(b) As used in division (A)(10) of this section, "trade 185
secret" has the same meaning as in section 1333.61 of the Revised 186
Code, and "telecommunications service" and "information service" 188
have the same meanings as in section 2913.01 of the Revised Code. 189
(c) As used in divisions (A)(10) and (13) of this section, 192
"cable television service," "computer," "computer software," 193
"computer system," "computer network," "data," and 194
"telecommunications device" have the same meanings as in section 195
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 197
(a) A sheriff, deputy sheriff, constable, police officer 199
of a township or joint township police district, marshal, deputy 200
marshal, municipal police officer, member of a police force 201
employed by a metropolitan housing authority under division (D) 202
of section 3735.31 of the Revised Code, or state highway patrol 203
trooper; 204
(b) An officer, agent, or employee of the state or any of 206
its agencies, instrumentalities, or political subdivisions, upon 207
whom, by statute, a duty to conserve the peace or to enforce all 208
or certain laws is imposed and the authority to arrest violators 209
is conferred, within the limits of that statutory duty and 210
authority; 211
(c) A mayor, in the mayor's capacity as chief conservator 213
of the peace within the mayor's municipal corporation; 214
(d) A member of an auxiliary police force organized by 216
county, township, or municipal law enforcement authorities, 217
within the scope of the member's appointment or commission; 218
(e) A person lawfully called pursuant to section 311.07 of 220
the Revised Code to aid a sheriff in keeping the peace, for the 221
purposes and during the time when the person is called; 222
(f) A person appointed by a mayor pursuant to section 224
737.01 of the Revised Code as a special patrolling officer during 226
riot or emergency, for the purposes and during the time when the 227
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person is appointed;
(g) A member of the organized militia of this state or the 229
armed forces of the United States, lawfully called to duty to aid 230
civil authorities in keeping the peace or protect against 231
domestic violence; 232
(h) A prosecuting attorney, assistant prosecuting 234
attorney, secret service officer, or municipal prosecutor; 235
(i) An Ohio veterans' home police officer appointed under 237
section 5907.02 of the Revised Code; 238
(j) A member of a police force employed by a regional 240
transit authority under division (Y) of section 306.35 of the 241
Revised Code.
(12) "Privilege" means an immunity, license, or right 243
conferred by law, bestowed by express or implied grant, arising 245
out of status, position, office, or relationship, or growing out 246
of necessity.
(13) "Contraband" means any property described in the 248
following categories: 249
(a) Property that in and of itself is unlawful for a 251
person to acquire or possess; 252
(b) Property that is not in and of itself unlawful for a 254
person to acquire or possess, but that has been determined by a 255
court of this state, in accordance with law, to be contraband 256
because of its use in an unlawful activity or manner, of its 257
nature, or of the circumstances of the person who acquires or 258
possesses it, including, but not limited to, goods and personal 259
property described in division (D) of section 2913.34 of the 260
Revised Code;
(c) Property that is specifically stated to be contraband 262
by a section of the Revised Code or by an ordinance, regulation, 263
or resolution; 264
(d) Property that is forfeitable pursuant to a section of 266
the Revised Code, or an ordinance, regulation, or resolution, 267
including, but not limited to, forfeitable firearms, dangerous 268
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ordnance, obscene materials, and goods and personal property 270
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 272
3719.01 of the Revised Code, or any device, paraphernalia, money 273
as defined in section 1301.01 of the Revised Code, or other means 274
of exchange that has been, is being, or is intended to be used in 275
an attempt or conspiracy to violate, or in a violation of, 276
Chapter 2925. or 3719. of the Revised Code; 277
(f) Any gambling device, paraphernalia, money as defined 279
in section 1301.01 of the Revised Code, or other means of 280
exchange that has been, is being, or is intended to be used in an 281
attempt or conspiracy to violate, or in the violation of, Chapter 282
2915. of the Revised Code; 283
(g) Any equipment, machine, device, apparatus, vehicle, 285
vessel, container, liquid, or substance that has been, is being, 286
or is intended to be used in an attempt or conspiracy to violate, 287
or in the violation of, any law of this state relating to alcohol 288
or tobacco; 289
(h) Any personal property that has been, is being, or is 291
intended to be used in an attempt or conspiracy to commit, or in 292
the commission of, any offense or in the transportation of the 293
fruits of any offense; 294
(i) Any property that is acquired through the sale or 296
other transfer of contraband or through the proceeds of 297
contraband, other than by a court or a law enforcement agency 298
acting within the scope of its duties; 299
(j) Any computer, computer system, computer network, 301
computer software, or other telecommunications device that is 302
used in a conspiracy to commit, an attempt to commit, or the 304
commission of any offense, if the owner of the computer, computer 305
system, computer network, computer software, or other 306
telecommunications device is convicted of or pleads guilty to the 307
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 309
8
relative to a charge of an offense only if the person proves, in 310
the manner specified in section 2901.05 of the Revised Code, that 311
at the time of the commission of the offense, the person did not 312
know, as a result of a severe mental disease or defect, the 313
wrongfulness of the person's acts. 314
(B)(1)(a) Subject to division (B)(2) of this section, as 317
used in any section contained in Title XXIX of the Revised Code 318
that sets forth a criminal offense, "person" includes all of the 319
following:
(i) An individual, corporation, business trust, estate, 321
trust, partnership, and association; 322
(ii) An unborn human who is viable. 324
(b) As used in any section contained in Title XXIX of the 327
Revised Code that does not set forth a criminal offense, "person" 328
includes an individual, corporation, business trust, estate, 329
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 331
(i) "Unborn human" means an individual organism of the 333
species homo sapiens from fertilization until live birth. 334
(ii) "Viable" means the stage of development of a human 337
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 338
temporary artificial life-sustaining support. 339
(2) Notwithstanding division (B)(1)(a) of this section, in 341
no case shall the portion of the definition of the term "person" 342
that is set forth in division (B)(1)(a)(ii) of this section be 343
applied or construed in any section contained in Title XXIX of 344
the Revised Code that sets forth a criminal offense in any of the 345
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 347
this section, in a manner so that the offense prohibits or is 348
construed as prohibiting any pregnant woman or her physician from 349
performing an abortion with the consent of the pregnant woman, 350
with the consent of the pregnant woman implied by law in a 351
9
medical emergency, or with the approval of one otherwise 352
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 353
described in the immediately preceding sentence may be punished 354
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 355
2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 356
2903.21, or 2903.22 of the Revised Code, as applicable. An 357
abortion that does not violate the conditions described in the 358
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 359
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 362
punished as a violation of section 2919.12, division (B) of 363
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 364
of the Revised Code, as applicable. Consent is sufficient under 366
this division if it is of the type otherwise adequate to permit 367
medical treatment to the pregnant woman, even if it does not 368
comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 371
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 372
results in any of the following: 373
(i) Her delivery of a stillborn baby; 375
(ii) Her causing, in any other manner, the death in utero 378
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 381
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 382
(iv) Her causing her child who is born alive to sustain 385
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 388
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 389
or a mental illness or condition, regardless of its duration or 390
gravity, to a viable, unborn human that she is carrying. 391
10
(C) As used in Title XXIX of the Revised Code: 393
(1) "School safety zone" consists of a school, school 396
building, school premises, school activity, and school bus. 397
(2) "School," "school building," and "school premises" 399
have the same meanings as in section 2925.01 of the Revised Code. 400
(3) "School activity" means any activity held under the 402
auspices of a board of education of a city, local, exempted 404
village, joint vocational, or cooperative education school 405
district, a governing board of an educational service center, or 406
the governing body of a school for which the state board of 407
education prescribes minimum standards under section 3301.07 of 408
the Revised Code. 409
(4) "School bus" has the same meaning as in section 411
4511.01 of the Revised Code. 413
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 422
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 424
(A) "Unlawful termination of another's pregnancy" means 427
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 428
result of injuries inflicted during the period that begins with 429
fertilization and that continues unless and until live birth 430
occurs.
(B) "Another's unborn" or "such other person's unborn" 432
means a member of the species homo sapiens, who is or was carried 433
in the womb of another, during a period that begins with 434
fertilization and that continues unless and until live birth 435
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 438
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 440
"such other person's unborn" that are set forth in division (A) 441
of this section be applied or construed in any of the following 442
manners:
(1) Except as otherwise provided in division (C)(1) of 444
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this section, in a manner so that the offense prohibits or is 445
construed as prohibiting any pregnant woman or her physician from 446
performing an abortion with the actual consent of the pregnant 447
woman, with the consent of the pregnant woman implied by law in a 449
medical emergency, or with the approval of one otherwise 450
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 451
described in the immediately preceding sentence may be punished 452
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 453
2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 454
2903.21, or 2903.22 of the Revised Code, as applicable. An 456
abortion that does not violate the conditions described in the 457
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 458
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 461
punished as a violation of section 2919.12, division (B) of 463
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 465
of the Revised Code, as applicable. 466
(2) In a manner so that the offense is applied or is 469
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 470
results in any of the following: 471
(a) Her delivery of a stillborn baby; 473
(b) Her causing, in any other manner, the death in utero 476
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 479
but who dies from one or more injuries that are sustained while
the child is an unborn; 480
(d) Her causing her child who is born alive to sustain one 483
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 486
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 487
or a mental illness or condition, regardless of its duration or 488
12
gravity, to an unborn that she is carrying. 489
Sec. 2919.151. (A) AS USED IN THIS SECTION: 491
(1) "DILATION AND EVACUATION PROCEDURE OF ABORTION" DOES 493
NOT INCLUDE THE DILATION AND EXTRACTION PROCEDURE OF ABORTION. 494
(2) "FROM THE BODY OF THE MOTHER" MEANS THAT THE PORTION 496
OF THE FETUS' BODY IN QUESTION IS BEYOND THE MOTHER'S VAGINAL 499
INTROITUS IN A VAGINAL DELIVERY. 500
(3) "PARTIAL BIRTH PROCEDURE" MEANS THE MEDICAL PROCEDURE 502
THAT INCLUDES ALL OF THE FOLLOWING ELEMENTS IN SEQUENCE: 503
(a) INTENTIONAL DILATION OF THE CERVIX OF A PREGNANT 505
WOMAN, USUALLY OVER A SEQUENCE OF DAYS; 507
(b) IN A BREECH PRESENTATION, INTENTIONAL EXTRACTION OF AT 509
LEAST THE LOWER TORSO TO THE NAVEL, BUT NOT THE ENTIRE BODY, OF 511
AN INTACT FETUS FROM THE BODY OF THE MOTHER, OR IN A CEPHALIC 513
PRESENTATION, INTENTIONAL EXTRACTION OF AT LEAST THE COMPLETE 514
HEAD, BUT NOT THE ENTIRE BODY, OF AN INTACT FETUS FROM THE BODY 516
OF THE MOTHER; 517
(c) INTENTIONAL PARTIAL EVACUATION OF THE INTRACRANIAL 519
CONTENTS OF THE FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE 521
PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS, INTENTIONAL 522
COMPRESSION OF THE HEAD OF THE FETUS, WHICH PROCEDURE THE PERSON 524
PERFORMING THE PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS,
OR PERFORMANCE OF ANOTHER INTENTIONAL ACT THAT THE PERSON 526
PERFORMING THE PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS; 529
(d) COMPLETION OF THE VAGINAL DELIVERY OF THE FETUS. 531
(4) "PARTIALLY BORN" MEANS THAT THE PORTION OF THE BODY OF 533
AN INTACT FETUS DESCRIBED IN DIVISION (A)(3)(b) OF THIS SECTION 534
HAS BEEN INTENTIONALLY EXTRACTED FROM THE BODY OF THE MOTHER. 535
(5) "SERIOUS RISK OF THE SUBSTANTIAL AND IRREVERSIBLE 537
IMPAIRMENT OF A MAJOR BODILY FUNCTION" MEANS ANY MEDICALLY 538
DIAGNOSED CONDITION THAT SO COMPLICATES THE PREGNANCY OF THE 539
WOMAN AS TO DIRECTLY OR INDIRECTLY CAUSE THE SUBSTANTIAL AND 540
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 541
(6) "VIABLE" HAS THE SAME MEANING AS IN SECTION 2901.01 OF 543
13
THE REVISED CODE. 545
(B) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 547
VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 548
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 549
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 550
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 551
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 552
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 553
(C) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 555
NOT VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 556
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 557
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 558
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 559
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 560
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 561
(D) WHOEVER VIOLATES DIVISION (B) OR (C) OF THIS SECTION 564
IS GUILTY OF PARTIAL BIRTH FETICIDE, A FELONY OF THE SECOND 566
DEGREE.
(E) A PREGNANT WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE 569
IS PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF THIS SECTION 570
IS NOT GUILTY OF COMMITTING, ATTEMPTING TO COMMIT, COMPLICITY IN 571
THE COMMISSION OF, OR CONSPIRACY IN THE COMMISSION OF A VIOLATION 573
OF THOSE DIVISIONS.
(F) THIS SECTION DOES NOT PROHIBIT THE SUCTION CURETTAGE 575
PROCEDURE OF ABORTION, THE SUCTION ASPIRATION PROCEDURE OF 577
ABORTION, OR THE DILATION AND EVACUATION PROCEDURE OF ABORTION. 578
(G) THIS SECTION DOES NOT APPLY TO ANY PERSON WHO PERFORMS 580
OR ATTEMPTS TO PERFORM A LEGAL ABORTION IF THE ACT THAT CAUSES 581
THE DEATH OF THE FETUS IS PERFORMED PRIOR TO THE FETUS BEING 582
PARTIALLY BORN EVEN THOUGH THE DEATH OF THE FETUS OCCURS AFTER IT 583
IS PARTIALLY BORN.
Section 2. That existing sections 2901.01 and 2903.09 and 585
sections 2307.51 and 2919.15 of the Revised Code are hereby 587
repealed.
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Section 3. The General Assembly declares all of the 589
following:
(A) In enacting sections 2307.53 and 2919.151 of the 591
Revised Code, its intent is to prevent the unnecessary death of 592
fetuses when they are substantially outside the body of the 593
mother.
(B) This intent is based in part on a state interest in 595
maintaining a strong public policy against infanticide, 596
regardless of the life expectancy or stage of development of the 597
child.
(C) The right to abortion established in Roe v. Wade 599
(1973), 410 U.S. 113, was never intended to legitimize 600
infanticide or to deprive the state of all ability to protect 602
fetuses who are substantially outside the body of the mother.
(D) The act also furthers the state interest in preventing 604
unnecessary cruelty. This interest is not necessarily based 605
solely on the ability of the fetus or child to experience pain. 606
The indignity of being partly delivered before being deliberately 607
killed is also a form of cruelty that should not be unnecessarily 608
inflicted upon any being of human origin. Therefore, there are 609
legitimate reasons for deterring the unnecessary use of the 611
partial birth procedure, even though other abortion procedures
that may cause pain remain available. 614