As Passed by the Senate 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-FINAN-
WHITE-DRAKE-CARNES-DiDONATO-WACHTMANN-NEIN-HOTTINGER- 17
SCHAFRATH-SPADA-MUMPER-OELSLAGER-LATELL-WATTS 18
_________________________________________________________________ 20
A B I L L
To amend sections 2901.01 and 2903.09, to enact 22
sections 2305.114, 2307.53, and 2919.151, and to 24
repeal sections 2307.51 and 2919.15 of the
Revised Code to create the offense of partial 25
birth feticide, to allow specified persons to 26
commence a civil action for partial birth 27
feticide, and to repeal the prohibition against 28
performing a dilation and extraction procedure on
a pregnant woman and the related civil action. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 2901.01 and 2903.09 be amended 33
and sections 2305.114, 2307.53, and 2919.151 of the Revised Code 34
be enacted to read as follows: 35
Sec. 2305.114. A CIVIL ACTION PURSUANT TO SECTION 2307.53 37
OF THE REVISED CODE FOR PARTIAL BIRTH FETICIDE SHALL BE COMMENCED 39
WITHIN ONE YEAR AFTER THE COMMISSION OF THAT OFFENSE. 40
2
Sec. 2307.53. (A) AS USED IN THIS SECTION: 42
(1) "FRIVOLOUS CONDUCT" HAS THE SAME MEANING AS IN SECTION 44
2323.51 OF THE REVISED CODE. 45
(2) "PARTIAL BIRTH PROCEDURE" HAS THE SAME MEANING AS IN 47
SECTION 2919.151 OF THE REVISED CODE. 48
(B) A WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE IS 50
PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF SECTION 2919.151 52
OF THE REVISED CODE, THE FATHER OF THE CHILD IF THE CHILD WAS NOT 54
CONCEIVED BY RAPE, OR THE PARENT OF THE WOMAN IF THE WOMAN IS NOT 55
EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE VIOLATION HAS 56
AND MAY COMMENCE A CIVIL ACTION FOR COMPENSATORY DAMAGES, 57
PUNITIVE OR EXEMPLARY DAMAGES IF AUTHORIZED BY SECTION 2315.21 OF 58
THE REVISED CODE, AND COURT COSTS AND REASONABLE ATTORNEY'S FEES 60
AGAINST THE PERSON WHO COMMITTED THE VIOLATION. 61
(C) IF A JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT IN 63
A CIVIL ACTION COMMENCED PURSUANT TO DIVISION (B) OF THIS SECTION 65
AND THE COURT FINDS, UPON THE FILING OF A MOTION UNDER SECTION 66
2323.51 OF THE REVISED CODE, THAT THE COMMENCEMENT OF THE CIVIL 67
ACTION CONSTITUTES FRIVOLOUS CONDUCT AND THAT THE DEFENDANT WAS 68
ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT, THE COURT SHALL 69
AWARD IN ACCORDANCE WITH SECTION 2323.51 OF THE REVISED CODE 70
REASONABLE ATTORNEY'S FEES TO THE DEFENDANT. 72
Sec. 2901.01. (A) As used in the Revised Code: 81
(1) "Force" means any violence, compulsion, or constraint 83
physically exerted by any means upon or against a person or 84
thing. 85
(2) "Deadly force" means any force that carries a 87
substantial risk that it will proximately result in the death of 88
any person. 89
(3) "Physical harm to persons" means any injury, illness, 91
or other physiological impairment, regardless of its gravity or 92
duration. 93
(4) "Physical harm to property" means any tangible or 95
intangible damage to property that, in any degree, results in 96
3
loss to its value or interferes with its use or enjoyment. 97
"Physical harm to property" does not include wear and tear 98
occasioned by normal use. 99
(5) "Serious physical harm to persons" means any of the 101
following: 102
(a) Any mental illness or condition of such gravity as 104
would normally require hospitalization or prolonged psychiatric 105
treatment; 106
(b) Any physical harm that carries a substantial risk of 108
death; 109
(c) Any physical harm that involves some permanent 111
incapacity, whether partial or total, or that involves some 112
temporary, substantial incapacity; 113
(d) Any physical harm that involves some permanent 115
disfigurement or that involves some temporary, serious 116
disfigurement; 117
(e) Any physical harm that involves acute pain of such 119
duration as to result in substantial suffering or that involves 120
any degree of prolonged or intractable pain. 121
(6) "Serious physical harm to property" means any physical 123
harm to property that does either of the following: 124
(a) Results in substantial loss to the value of the 126
property or requires a substantial amount of time, effort, or 127
money to repair or replace; 128
(b) Temporarily prevents the use or enjoyment of the 130
property or substantially interferes with its use or enjoyment 131
for an extended period of time. 132
(7) "Risk" means a significant possibility, as contrasted 134
with a remote possibility, that a certain result may occur or 135
that certain circumstances may exist. 136
(8) "Substantial risk" means a strong possibility, as 138
contrasted with a remote or significant possibility, that a 139
certain result may occur or that certain circumstances may exist. 140
(9) "Offense of violence" means any of the following: 142
4
(a) A violation of section 2903.01, 2903.02, 2903.03, 144
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 145
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 146
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 147
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 148
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or 149
of division (B)(1), (2), (3), or (4) of section 2919.22 of the 150
Revised Code or felonious sexual penetration in violation of
former section 2907.12 of the Revised Code; 151
(b) A violation of an existing or former municipal 153
ordinance or law of this or any other state or the United States, 154
substantially equivalent to any section, division, or offense 156
listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an 158
existing or former municipal ordinance or law of this or any 159
other state or the United States, committed purposely or 160
knowingly, and involving physical harm to persons or a risk of 161
serious physical harm to persons; 162
(d) A conspiracy or attempt to commit, or complicity in 164
committing, any offense under division (A)(9)(a), (b), or (c) of 166
this section.
(10)(a) "Property" means any property, real or personal, 169
tangible or intangible, and any interest or license in that 170
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 171
telecommunications devices, information service, computers, data, 172
computer software, financial instruments associated with 174
computers, other documents associated with computers, or copies 175
of the documents, whether in machine or human readable form, 176
trade secrets, trademarks, copyrights, patents, and property 177
protected by a trademark, copyright, or patent. "Financial 178
instruments associated with computers" include, but are not 179
limited to, checks, drafts, warrants, money orders, notes of 180
indebtedness, certificates of deposit, letters of credit, bills 181
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of credit or debit cards, financial transaction authorization 182
mechanisms, marketable securities, or any computer system 183
representations of any of them. 184
(b) As used in division (A)(10) of this section, "trade 187
secret" has the same meaning as in section 1333.61 of the Revised 188
Code, and "telecommunications service" and "information service" 190
have the same meanings as in section 2913.01 of the Revised Code. 191
(c) As used in divisions (A)(10) and (13) of this section, 194
"cable television service," "computer," "computer software," 195
"computer system," "computer network," "data," and 196
"telecommunications device" have the same meanings as in section 197
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 199
(a) A sheriff, deputy sheriff, constable, police officer 201
of a township or joint township police district, marshal, deputy 202
marshal, municipal police officer, member of a police force 203
employed by a metropolitan housing authority under division (D) 204
of section 3735.31 of the Revised Code, or state highway patrol 205
trooper; 206
(b) An officer, agent, or employee of the state or any of 208
its agencies, instrumentalities, or political subdivisions, upon 209
whom, by statute, a duty to conserve the peace or to enforce all 210
or certain laws is imposed and the authority to arrest violators 211
is conferred, within the limits of that statutory duty and 212
authority; 213
(c) A mayor, in the mayor's capacity as chief conservator 215
of the peace within the mayor's municipal corporation; 216
(d) A member of an auxiliary police force organized by 218
county, township, or municipal law enforcement authorities, 219
within the scope of the member's appointment or commission; 220
(e) A person lawfully called pursuant to section 311.07 of 222
the Revised Code to aid a sheriff in keeping the peace, for the 223
purposes and during the time when the person is called; 224
(f) A person appointed by a mayor pursuant to section 226
6
737.01 of the Revised Code as a special patrolling officer during 228
riot or emergency, for the purposes and during the time when the 229
person is appointed;
(g) A member of the organized militia of this state or the 231
armed forces of the United States, lawfully called to duty to aid 232
civil authorities in keeping the peace or protect against 233
domestic violence; 234
(h) A prosecuting attorney, assistant prosecuting 236
attorney, secret service officer, or municipal prosecutor; 237
(i) An Ohio veterans' home police officer appointed under 239
section 5907.02 of the Revised Code; 240
(j) A member of a police force employed by a regional 242
transit authority under division (Y) of section 306.35 of the 243
Revised Code.
(12) "Privilege" means an immunity, license, or right 245
conferred by law, bestowed by express or implied grant, arising 247
out of status, position, office, or relationship, or growing out 248
of necessity.
(13) "Contraband" means any property described in the 250
following categories: 251
(a) Property that in and of itself is unlawful for a 253
person to acquire or possess; 254
(b) Property that is not in and of itself unlawful for a 256
person to acquire or possess, but that has been determined by a 257
court of this state, in accordance with law, to be contraband 258
because of its use in an unlawful activity or manner, of its 259
nature, or of the circumstances of the person who acquires or 260
possesses it, including, but not limited to, goods and personal 261
property described in division (D) of section 2913.34 of the 262
Revised Code;
(c) Property that is specifically stated to be contraband 264
by a section of the Revised Code or by an ordinance, regulation, 265
or resolution; 266
(d) Property that is forfeitable pursuant to a section of 268
7
the Revised Code, or an ordinance, regulation, or resolution, 269
including, but not limited to, forfeitable firearms, dangerous 270
ordnance, obscene materials, and goods and personal property 272
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 274
3719.01 of the Revised Code, or any device, paraphernalia, money 275
as defined in section 1301.01 of the Revised Code, or other means 276
of exchange that has been, is being, or is intended to be used in 277
an attempt or conspiracy to violate, or in a violation of, 278
Chapter 2925. or 3719. of the Revised Code; 279
(f) Any gambling device, paraphernalia, money as defined 281
in section 1301.01 of the Revised Code, or other means of 282
exchange that has been, is being, or is intended to be used in an 283
attempt or conspiracy to violate, or in the violation of, Chapter 284
2915. of the Revised Code; 285
(g) Any equipment, machine, device, apparatus, vehicle, 287
vessel, container, liquid, or substance that has been, is being, 288
or is intended to be used in an attempt or conspiracy to violate, 289
or in the violation of, any law of this state relating to alcohol 290
or tobacco; 291
(h) Any personal property that has been, is being, or is 293
intended to be used in an attempt or conspiracy to commit, or in 294
the commission of, any offense or in the transportation of the 295
fruits of any offense; 296
(i) Any property that is acquired through the sale or 298
other transfer of contraband or through the proceeds of 299
contraband, other than by a court or a law enforcement agency 300
acting within the scope of its duties; 301
(j) Any computer, computer system, computer network, 303
computer software, or other telecommunications device that is 304
used in a conspiracy to commit, an attempt to commit, or the 306
commission of any offense, if the owner of the computer, computer 307
system, computer network, computer software, or other 308
telecommunications device is convicted of or pleads guilty to the 309
8
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 311
relative to a charge of an offense only if the person proves, in 312
the manner specified in section 2901.05 of the Revised Code, that 313
at the time of the commission of the offense, the person did not 314
know, as a result of a severe mental disease or defect, the 315
wrongfulness of the person's acts. 316
(B)(1)(a) Subject to division (B)(2) of this section, as 319
used in any section contained in Title XXIX of the Revised Code 320
that sets forth a criminal offense, "person" includes all of the 321
following:
(i) An individual, corporation, business trust, estate, 323
trust, partnership, and association; 324
(ii) An unborn human who is viable. 326
(b) As used in any section contained in Title XXIX of the 329
Revised Code that does not set forth a criminal offense, "person" 330
includes an individual, corporation, business trust, estate, 331
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 333
(i) "Unborn human" means an individual organism of the 335
species homo sapiens from fertilization until live birth. 336
(ii) "Viable" means the stage of development of a human 339
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 340
temporary artificial life-sustaining support. 341
(2) Notwithstanding division (B)(1)(a) of this section, in 343
no case shall the portion of the definition of the term "person" 344
that is set forth in division (B)(1)(a)(ii) of this section be 345
applied or construed in any section contained in Title XXIX of 346
the Revised Code that sets forth a criminal offense in any of the 347
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 349
this section, in a manner so that the offense prohibits or is 350
construed as prohibiting any pregnant woman or her physician from 351
9
performing an abortion with the consent of the pregnant woman, 352
with the consent of the pregnant woman implied by law in a 353
medical emergency, or with the approval of one otherwise 354
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 355
described in the immediately preceding sentence may be punished 356
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 357
2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 358
2903.21, or 2903.22 of the Revised Code, as applicable. An 359
abortion that does not violate the conditions described in the 360
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 361
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 364
punished as a violation of section 2919.12, division (B) of 365
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 366
of the Revised Code, as applicable. Consent is sufficient under 368
this division if it is of the type otherwise adequate to permit 369
medical treatment to the pregnant woman, even if it does not 370
comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 373
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 374
results in any of the following: 375
(i) Her delivery of a stillborn baby; 377
(ii) Her causing, in any other manner, the death in utero 380
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 383
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 384
(iv) Her causing her child who is born alive to sustain 387
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 390
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 391
10
or a mental illness or condition, regardless of its duration or 392
gravity, to a viable, unborn human that she is carrying. 393
(C) As used in Title XXIX of the Revised Code: 395
(1) "School safety zone" consists of a school, school 398
building, school premises, school activity, and school bus. 399
(2) "School," "school building," and "school premises" 401
have the same meanings as in section 2925.01 of the Revised Code. 402
(3) "School activity" means any activity held under the 404
auspices of a board of education of a city, local, exempted 406
village, joint vocational, or cooperative education school 407
district, a governing board of an educational service center, or 408
the governing body of a school for which the state board of 409
education prescribes minimum standards under section 3301.07 of 410
the Revised Code. 411
(4) "School bus" has the same meaning as in section 413
4511.01 of the Revised Code. 415
Sec. 2903.09. As used in sections 2903.01 to 2903.08, 424
2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code: 426
(A) "Unlawful termination of another's pregnancy" means 429
causing the death of an unborn member of the species homo
sapiens, who is or was carried in the womb of another, as a 430
result of injuries inflicted during the period that begins with 431
fertilization and that continues unless and until live birth 432
occurs.
(B) "Another's unborn" or "such other person's unborn" 434
means a member of the species homo sapiens, who is or was carried 435
in the womb of another, during a period that begins with 436
fertilization and that continues unless and until live birth 437
occurs.
(C) Notwithstanding divisions (A) and (B) of this section, 440
in no case shall the definitions of the terms "unlawful
termination of another's pregnancy," "another's unborn," and 442
"such other person's unborn" that are set forth in division (A) 443
of this section be applied or construed in any of the following 444
11
manners:
(1) Except as otherwise provided in division (C)(1) of 446
this section, in a manner so that the offense prohibits or is 447
construed as prohibiting any pregnant woman or her physician from 448
performing an abortion with the actual consent of the pregnant 449
woman, with the consent of the pregnant woman implied by law in a 451
medical emergency, or with the approval of one otherwise 452
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 453
described in the immediately preceding sentence may be punished 454
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 455
2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 456
2903.21, or 2903.22 of the Revised Code, as applicable. An 458
abortion that does not violate the conditions described in the 459
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, OR section 460
2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be 463
punished as a violation of section 2919.12, division (B) of 465
section 2919.13, OR section 2919.15 2919.151, 2919.17, or 2919.18 467
of the Revised Code, as applicable. 468
(2) In a manner so that the offense is applied or is 471
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 472
results in any of the following: 473
(a) Her delivery of a stillborn baby; 475
(b) Her causing, in any other manner, the death in utero 478
of an unborn that she is carrying;
(c) Her causing the death of her child who is born alive 481
but who dies from one or more injuries that are sustained while
the child is an unborn; 482
(d) Her causing her child who is born alive to sustain one 485
or more injuries while the child is an unborn;
(e) Her causing, threatening to cause, or attempting to 488
cause, in any other manner, an injury, illness, or other
12
physiological impairment, regardless of its duration or gravity, 489
or a mental illness or condition, regardless of its duration or 490
gravity, to an unborn that she is carrying. 491
Sec. 2919.151. (A) AS USED IN THIS SECTION: 493
(1) "DILATION AND EVACUATION PROCEDURE OF ABORTION" DOES 495
NOT INCLUDE THE DILATION AND EXTRACTION PROCEDURE OF ABORTION. 496
(2) "FROM THE BODY OF THE MOTHER" MEANS THAT THE PORTION 498
OF THE FETUS' BODY IN QUESTION IS BEYOND THE MOTHER'S VAGINAL 501
INTROITUS IN A VAGINAL DELIVERY. 502
(3) "PARTIAL BIRTH PROCEDURE" MEANS THE MEDICAL PROCEDURE 504
THAT INCLUDES ALL OF THE FOLLOWING ELEMENTS IN SEQUENCE: 505
(a) INTENTIONAL DILATION OF THE CERVIX OF A PREGNANT 507
WOMAN, USUALLY OVER A SEQUENCE OF DAYS; 509
(b) IN A BREECH PRESENTATION, INTENTIONAL EXTRACTION OF AT 511
LEAST THE LOWER TORSO TO THE NAVEL, BUT NOT THE ENTIRE BODY, OF 513
AN INTACT FETUS FROM THE BODY OF THE MOTHER, OR IN A CEPHALIC 515
PRESENTATION, INTENTIONAL EXTRACTION OF AT LEAST THE COMPLETE 516
HEAD, BUT NOT THE ENTIRE BODY, OF AN INTACT FETUS FROM THE BODY 518
OF THE MOTHER; 519
(c) INTENTIONAL PARTIAL EVACUATION OF THE INTRACRANIAL 521
CONTENTS OF THE FETUS, WHICH PROCEDURE THE PERSON PERFORMING THE 523
PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS, INTENTIONAL 524
COMPRESSION OF THE HEAD OF THE FETUS, WHICH PROCEDURE THE PERSON 526
PERFORMING THE PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS,
OR PERFORMANCE OF ANOTHER INTENTIONAL ACT THAT THE PERSON 528
PERFORMING THE PROCEDURE KNOWS WILL CAUSE THE DEATH OF THE FETUS; 531
(d) COMPLETION OF THE VAGINAL DELIVERY OF THE FETUS. 533
(4) "PARTIALLY BORN" MEANS THAT THE PORTION OF THE BODY OF 535
AN INTACT FETUS DESCRIBED IN DIVISION (A)(3)(b) OF THIS SECTION 536
HAS BEEN INTENTIONALLY EXTRACTED FROM THE BODY OF THE MOTHER. 537
(5) "SERIOUS RISK OF THE SUBSTANTIAL AND IRREVERSIBLE 539
IMPAIRMENT OF A MAJOR BODILY FUNCTION" MEANS ANY MEDICALLY 540
DIAGNOSED CONDITION THAT SO COMPLICATES THE PREGNANCY OF THE 541
WOMAN AS TO DIRECTLY OR INDIRECTLY CAUSE THE SUBSTANTIAL AND 542
13
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 543
(6) "VIABLE" HAS THE SAME MEANING AS IN SECTION 2901.01 OF 545
THE REVISED CODE. 547
(B) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 549
VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 550
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 551
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 552
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 553
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 554
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 555
(C) WHEN THE FETUS THAT IS THE SUBJECT OF THE PROCEDURE IS 557
NOT VIABLE, NO PERSON SHALL KNOWINGLY PERFORM A PARTIAL BIRTH 558
PROCEDURE ON A PREGNANT WOMAN WHEN THE PROCEDURE IS NOT 559
NECESSARY, IN REASONABLE MEDICAL JUDGMENT, TO PRESERVE THE LIFE 560
OR HEALTH OF THE MOTHER AS A RESULT OF THE MOTHER'S LIFE OR 561
HEALTH BEING ENDANGERED BY A SERIOUS RISK OF THE SUBSTANTIAL AND 562
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION. 563
(D) WHOEVER VIOLATES DIVISION (B) OR (C) OF THIS SECTION 566
IS GUILTY OF PARTIAL BIRTH FETICIDE, A FELONY OF THE SECOND 568
DEGREE.
(E) A PREGNANT WOMAN UPON WHOM A PARTIAL BIRTH PROCEDURE 571
IS PERFORMED IN VIOLATION OF DIVISION (B) OR (C) OF THIS SECTION 572
IS NOT GUILTY OF COMMITTING, ATTEMPTING TO COMMIT, COMPLICITY IN 573
THE COMMISSION OF, OR CONSPIRACY IN THE COMMISSION OF A VIOLATION 575
OF THOSE DIVISIONS.
(F) THIS SECTION DOES NOT PROHIBIT THE SUCTION CURETTAGE 577
PROCEDURE OF ABORTION, THE SUCTION ASPIRATION PROCEDURE OF 579
ABORTION, OR THE DILATION AND EVACUATION PROCEDURE OF ABORTION. 580
(G) THIS SECTION DOES NOT APPLY TO ANY PERSON WHO PERFORMS 582
OR ATTEMPTS TO PERFORM A LEGAL ABORTION IF THE ACT THAT CAUSES 583
THE DEATH OF THE FETUS IS PERFORMED PRIOR TO THE FETUS BEING 584
PARTIALLY BORN EVEN THOUGH THE DEATH OF THE FETUS OCCURS AFTER IT 585
IS PARTIALLY BORN.
Section 2. That existing sections 2901.01 and 2903.09 and 587
14
sections 2307.51 and 2919.15 of the Revised Code are hereby 589
repealed.
Section 3. The General Assembly declares all of the 591
following:
(A) In enacting sections 2307.53 and 2919.151 of the 593
Revised Code, its intent is to prevent the unnecessary death of 594
fetuses when they are substantially outside the body of the 595
mother.
(B) This intent is based in part on a state interest in 597
maintaining a strong public policy against infanticide, 598
regardless of the life expectancy or stage of development of the 599
child.
(C) The right to abortion established in Roe v. Wade 601
(1973), 410 U.S. 113, was never intended to legitimize 602
infanticide or to deprive the state of all ability to protect 604
fetuses who are substantially outside the body of the mother.
(D) The act also furthers the state interest in preventing 606
unnecessary cruelty. This interest is not necessarily based 607
solely on the ability of the fetus or child to experience pain. 608
The indignity of being partly delivered before being deliberately 609
killed is also a form of cruelty that should not be unnecessarily 610
inflicted upon any being of human origin. Therefore, there are 611
legitimate reasons for deterring the unnecessary use of the 613
partial birth procedure, even though other abortion procedures
that may cause pain remain available. 616