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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 421 |
REPRESENTATIVES LUEBBERS-BATCHELDER-VESPER-PADGETT-WHALEN-GARDNER-
BUCHY-MAIER-WESTON-TIBERI-HARRIS-ROMAN-CLANCY-WINKLER-KRUPINSKI-
LOGAN-COLONNA-BATEMAN-NETZLEY-KASPUTIS-VAN VYVEN-OGG-SULZER-
BRADING-SCHULER-WACHTMANN-VERICH-JAMES-JERSE-GRENDELL-JORDAN-
KREBS-HOTTINGER-CATES-AMSTUTZ-CAREY-FOX-COUGHLIN-CALLENDER-
HAINES-HOOD-WISE-CORE-METZGER-TAYLOR-YOUNG-WILLIAMS-
HOUSEHOLDER-MOTTLEY-MYERS-HODGES-SCHUCK-SCHURING-O'BRIEN-
MASON-JOHNSON-JACOBSON-THOMAS-THOMPSON-
SENATORS BLESSING-CUPP-LATTA-HOWARD-B. JOHNSON-SCHAFRATH-
CARNES-GAETH-SUHADOLNIK
A BILL
To amend sections 149.43 and 2317.56 and to enact sections 2919.121 and
2919.122 of the Revised Code regarding patient notification
prior to an
abortion and to require either parental or judicial consent before an abortion
is performed or induced on a pregnant unemancipated
minor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43 and 2317.56 be amended and sections 2919.121
and 2919.122 of the Revised Code be enacted to read as
follows:
Sec. 149.43. (A) As used in this section:
(1) "Public record" means any record that is kept by any
public office, including, but not limited to, state, county,
city, village, township, and school district units, except
that "public record" does not mean any of the following:
(a) Medical records;
(b) Records pertaining to probation and parole proceedings;
(c) Records pertaining to actions under section 2151.85 AND DIVISION
(C) OF SECTION 2919.121 of
the Revised Code and to appeals of actions arising under that section
THOSE SECTIONS;
(d) Records pertaining to adoption proceedings, including the
contents of an adoption file maintained by the department of health under
section 3705.12 of the Revised Code;
(e) Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of whether the
information is held by the department of human services or, pursuant to
section 5101.313 of the Revised Code, the division of child support in the
department or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of the Revised Code or
specified in division (A) of section 3107.52 of the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential under
section 2317.023 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to section 109.573 of the Revised Code;
(k) Inmate records released by the department of rehabilitation and
correction to
the department of youth services or a court of record pursuant to division (E)
of section 5120.21 of the Revised Code;
(l) Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services to the
department of rehabilitation and correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of human services pursuant to
section 5101.312 of the Revised Code;
(p) Records the release of which is prohibited by state or federal
law.
(2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with the offense to which the record pertains, or of an
information source or witness to whom confidentiality has been
reasonably promised;
(b) Information provided by an information source or
witness to whom confidentiality has been reasonably promised,
which information would reasonably tend to disclose the source's or witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other than a financial or administrative record, that is produced or collected
by or for faculty or staff of a state institution of higher learning in the
conduct of or as a result of study or research on an educational, commercial,
scientific, artistic, technical, or scholarly issue, regardless of whether the
study or research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or potential
donors to a public institution of higher education except the names and
reported addresses of the actual donors and the date, amount, and conditions
of the actual donation.
(B) All public records shall be promptly prepared and made
available for inspection to any person at all reasonable times
during regular business hours. Upon request, a person
responsible for public records shall make copies available at
cost, within a reasonable period of time. In order to facilitate
broader access to public records, governmental units shall
maintain public records in a manner that they can be made
available for inspection in accordance with this division.
(C) If a person allegedly is aggrieved by the failure of a
governmental unit to promptly prepare a public record and to make
it available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a person
responsible for the public record to make a copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the governmental unit or the person responsible for the public
record to comply with division (B) of this section and that
awards reasonable attorney's fees to the person that instituted
the mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly was not complied with pursuant to its original
jurisdiction under Section 3 of Article IV, Ohio Constitution.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) The bureau of motor vehicles may adopt rules pursuant to
Chapter 119. of the Revised Code to reasonably
limit the number of bulk commercial special extraction requests made by a
person for the same records or for updated records during a calendar year.
The rules may include provisions for charges to be made for bulk commercial
special
extraction requests for the actual cost of the bureau, plus special extraction
costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is prohibited by
law.
(2) As used in division (E)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs, or other
transmitting costs, and any direct equipment operating and maintenance costs,
including actual costs paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a request
for copies of a record for information in a format other than the format
already available, or information that cannot be extracted without examination
of all items in a records series, class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale for
commercial purposes. "Bulk commercial special extraction request" does not
include a request by a person who gives assurance to the bureau that the
person making the request does not intend to use or forward the requested
copies for surveys, marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual amount
paid to outside private contractors employed by the bureau, or the actual cost
incurred to create computer programs to make the special extraction. "Special
extraction costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (E)(1)
and (2) of this section, "commercial surveys, marketing, solicitation, or
resale" shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist citizen oversight or
understanding of the operation or activities of government, or nonprofit
educational research.
Sec. 2317.56. (A) As used in this section:
(1) "Medical emergency" means a condition of a pregnant
woman that, in the reasonable judgment of the physician who is
attending the woman, creates an immediate threat of serious risk
to the life or physical health of the woman from the continuation
of her THE pregnancy necessitating the immediate performance or
inducement of an abortion.
(2) "Medical necessity" means a medical condition of a
pregnant woman that, in the reasonable judgment of the physician
who is attending the woman, so complicates the pregnancy that it
necessitates the immediate performance or inducement of an
abortion.
(3) "Probable gestational age of the embryo or fetus"
means the gestational age that, in the judgment of a physician,
is, with reasonable probability, the gestational age of the
embryo or fetus at the time that the physician informs a pregnant
woman pursuant to division (B)(1)(b) of this section.
(B) Except when there is a medical emergency or medical
necessity, an abortion shall be performed or induced only if all
of the following conditions are satisfied:
(1) At least twenty-four hours prior to the performance or
inducement of the abortion, a PHYSICIAN MEETS WITH THE PREGNANT WOMAN IN
PERSON IN AN INDIVIDUAL, PRIVATE SETTING AND GIVES HER AN ADEQUATE OPPORTUNITY
TO ASK QUESTIONS ABOUT THE ABORTION THAT WILL BE PERFORMED OR INDUCED. AT
THIS MEETING, THE physician informs SHALL INFORM the
pregnant
woman, verbally or, IF SHE IS HEARING IMPAIRED, by other
nonwritten means of communication, of
all of the following:
(a) The nature and purpose of the particular abortion
procedure to be used and the medical risks associated with that
procedure;
(b) The probable gestational age of the embryo or fetus;
(c) The medical risks associated with the pregnant woman
carrying her THE pregnancy to term.
(2) A physician provides the pregnant woman with the
information described in division (B)(1) of this section in an
individual, private setting and gives her an adequate opportunity
to ask questions about the abortion that will be performed or
induced;
(3) THE MEETING NEED NOT OCCUR AT THE FACILITY WHERE THE ABORTION
IS TO BE PERFORMED OR INDUCED, AND THE PHYSICIAN INVOLVED IN THE MEETING NEED
NOT BE AFFILIATED WITH THAT FACILITY OR WITH THE PHYSICIAN WHO IS SCHEDULED TO
PERFORM OR INDUCE THE ABORTION.
(2) At least twenty-four hours prior to the performance or
inducement of the abortion, one or more physicians or one or more
agents of one or more physicians do each of the following in
person, by telephone, by certified mail, return receipt
requested, or by regular mail evidenced by a certificate of
mailing:
(a) Inform the pregnant woman of the name of the physician
who is scheduled to perform or induce the abortion;
(b) Give the pregnant woman copies of the published
materials described in division (C) of this section;
(c) Inform the pregnant woman that the materials given to
her pursuant to division (B)(3)(2)(b) of this section are
provided
by the state and that they describe the embryo or fetus and list
agencies that offer alternatives to abortion. The pregnant woman
may choose to examine or not to examine the materials. A
physician or an agent of a physician may disassociate himself
CHOOSE TO BE DISASSOCIATED from the materials and may choose to comment
or not comment on
the materials.
(4)(3) Prior to the performance or inducement of the
abortion, the pregnant woman signs a form consenting to the
abortion and certifies both of the following on that form:
(a) She has received the information and materials
described in divisions (B)(1), AND (2), and (3) of this
section, and
her questions about the abortion that will be performed or
induced have been answered in a satisfactory manner.
(b) She consents to the particular abortion voluntarily,
knowingly, intelligently, and without coercion by any person, and
she is not under the influence of any drug of abuse or alcohol.
(5)(4) Prior to the performance or inducement of the
abortion, the physician who is scheduled to perform or induce the
abortion or his THE PHYSICIAN'S agent receives a copy of the
pregnant woman's
signed form on which she consents to the abortion and that
includes the certification required by division (B)(4)(3) of
this
section.
(C) The department of health shall cause to be published
in English and in Spanish, in a typeface large enough to be
clearly legible, and in an easily comprehensible format, the
following materials:
(1) Materials that inform the pregnant woman about family
planning information, of publicly funded agencies that are
available to assist her in family planning, and of public and
private agencies and services that are available to assist her
through her THE pregnancy, upon childbirth, and while her
THE child is
dependent, including, but not limited to, adoption agencies. The
materials shall be geographically indexed; include a
comprehensive list of the available agencies, a description of
the services offered by the agencies, and the telephone numbers
and addresses of the agencies; and inform the pregnant woman
about available medical assistance benefits for prenatal care,
childbirth, and neonatal care and about the support obligations
of the father of a child who is born alive. The department shall
ensure that the materials described in division (C)(1) of this
section are comprehensive and do not directly or indirectly
promote, exclude, or discourage the use of any agency or service
described in this division.
(2) Materials that inform the pregnant woman of the
probable anatomical and physiological characteristics of the
zygote, blastocyte, embryo, or fetus at two-week gestational
increments for the first sixteen weeks of her pregnancy and at
four-week gestational increments from the seventeenth week of her
pregnancy to full term, including any relevant information
regarding the time at which the fetus possibly would be viable.
The department shall cause these materials to be published only
after it consults with the Ohio state medical association and the
Ohio section of the American college of obstetricians and
gynecologists relative to the probable anatomical and
physiological characteristics of a zygote, blastocyte, embryo, or
fetus at the various gestational increments. The materials shall
use language that is understandable by the average person who is
not medically trained, shall be objective and nonjudgmental, and
shall include only accurate scientific information about the
zygote, blastocyte, embryo, or fetus at the various gestational
increments. If the materials use a pictorial, photographic, or
other depiction to provide information regarding the zygote,
blastocyte, embryo, or fetus, the materials shall include, in a
conspicuous manner, a scale or other explanation that is
understandable by the average person and that can be used to
determine the actual size of the zygote, blastocyte, embryo, or
fetus at a particular gestational increment as contrasted with
the depicted size of the zygote, blastocyte, embryo, or fetus at
that gestational increment.
(D) Upon the submission of a request to the department of
health by any person, hospital, physician, or medical facility
for one or more copies of the materials published in accordance
with division (C) of this section, the
department shall make the requested number of copies of the
materials available to the person, hospital, physician, or
medical facility that requested the copies.
(E) If a medical emergency or medical necessity compels
the performance or inducement of an abortion, the physician who
will perform or induce the abortion, prior to its performance or
inducement if possible, shall inform the pregnant woman of the
medical indications supporting his THE PHYSICIAN'S judgment that
an immediate
abortion is necessary. Any physician who performs or induces an
abortion without the prior satisfaction of the conditions
specified in division (B) of this section because of a medical
emergency or medical necessity shall enter the reasons for his
THE
conclusion that a medical emergency or medical necessity exists
in the medical record of the pregnant woman.
(F) If the conditions specified in division (B) of this
section are satisfied, consent to an abortion shall be presumed
to be valid and effective.
(G) The performance or inducement of an abortion without
the prior satisfaction of the conditions specified in division
(B) of this section does not constitute, and shall not be
construed as constituting, a violation of division (A) of section
2919.12 of the Revised Code. The failure of a physician to
satisfy the conditions of division (B) of this section prior to
performing or inducing an abortion upon a pregnant woman may be
the basis of both of the following:
(1) A civil action for compensatory and exemplary damages
as described in division (H) of this section;
(2) Disciplinary action under section 4731.22 of the
Revised Code.
(H)(1) Subject to divisions (H)(2) and (3) of this
section, any physician who performs or induces an abortion with
actual knowledge that the conditions specified in division (B) of
this section have not been satisfied or with a heedless
indifference as to whether those conditions have been satisfied
is liable in compensatory and exemplary damages in a civil action
to any person, or the representative of the estate of any person,
who sustains injury, death, or loss to person or property as a
result of the failure to satisfy those conditions. In the civil
action, the court additionally may enter any injunctive or other
equitable relief that it considers appropriate.
(2) The following shall be affirmative defenses in a civil
action authorized by division (H)(1) of this section:
(a) The physician performed or induced the abortion under
the circumstances described in division (E) of this section.
(b) The physician made a good faith effort to satisfy the
conditions specified in division (B) of this section.
(c) The physician or an agent of the physician requested
copies of the materials published in accordance with division (C)
of this section from the department of health, but
the physician was not able to give a pregnant woman copies of the
materials pursuant to division (B)(3)(2) of this section and
to
obtain a certification as described in divisions (B)(4)(3) and
(5)(4)
of this section because the department failed to make the
requested number of copies available to the physician or his
agent in accordance with division (D) of this section.
(3) An employer or other principal is not liable in
damages in a civil action authorized by division (H)(1) of this
section on the basis of the doctrine of respondeat superior
unless either of the following applies:
(a) The employer or other principal had actual knowledge
or, by the exercise of reasonable diligence, should have known
that his AN employee or agent performed or induced an abortion
with
actual knowledge that the conditions specified in division (B) of
this section had not been satisfied or with a heedless
indifference as to whether those conditions had been satisfied.
(b) The employer or other principal negligently failed to
secure the compliance of his AN employee or agent with division
(B)
of this section.
(4) Notwithstanding division (E) of section 2919.12 of the
Revised Code, the civil action authorized by division (H)(1) of
this section shall be the exclusive civil remedy for persons, or
the representatives of estates of persons, who allegedly sustain
injury, death, or loss to person or property as a result of a
failure to satisfy the conditions specified in division (B) of
this section.
(I) The department of human services shall prepare and
conduct a public information program to inform women of all
available governmental programs and agencies that provide
services or assistance for family planning, prenatal care, child
care, or alternatives to abortion.
Sec. 2919.121. (A) FOR THE PURPOSE OF THIS SECTION, A MINOR SHALL
BE CONSIDERED "EMANCIPATED" IF THE MINOR HAS MARRIED, ENTERED THE ARMED
SERVICES
OF THE UNITED STATES, BECOME EMPLOYED AND SELF-SUBSISTING,
OR HAS
OTHERWISE BECOME INDEPENDENT FROM THE CARE AND CONTROL OF HER PARENT,
GUARDIAN,
OR CUSTODIAN.
(B) NO PERSON SHALL KNOWINGLY PERFORM OR INDUCE AN ABORTION UPON A
PREGNANT MINOR UNLESS ONE OF THE FOLLOWING IS THE CASE:
(1) THE ATTENDING PHYSICIAN HAS SECURED THE INFORMED WRITTEN CONSENT OF THE
MINOR AND ONE PARENT, GUARDIAN, OR CUSTODIAN;
(2) THE MINOR IS EMANCIPATED AND THE ATTENDING PHYSICIAN HAS RECEIVED HER
WRITTEN INFORMED CONSENT;
(3) THE MINOR HAS BEEN AUTHORIZED TO CONSENT TO THE ABORTION BY A COURT ORDER
ISSUED PURSUANT TO DIVISION (C) OF THIS SECTION, AND THE ATTENDING
PHYSICIAN HAS RECEIVED HER INFORMED WRITTEN CONSENT;
(4) THE COURT HAS GIVEN ITS CONSENT IN ACCORDANCE WITH
DIVISION (C) OF THIS SECTION AND THE MINOR IS HAVING THE ABORTION
WILLINGLY.
(C) THE RIGHT OF A MINOR TO CONSENT TO AN ABORTION UNDER DIVISION
(B)(3) OF THIS SECTION OR JUDICIAL CONSENT TO OBTAIN AN ABORTION
UNDER
DIVISION (B)(4) OF THIS SECTION MAY BE GRANTED BY A COURT ORDER
PURSUANT TO THE FOLLOWING PROCEDURES:
(1) THE MINOR OR NEXT FRIEND SHALL MAKE AN APPLICATION TO THE JUVENILE COURT
OF THE COUNTY IN WHICH THE MINOR HAS A RESIDENCE OR LEGAL SETTLEMENT, THE
JUVENILE
COURT OF ANY COUNTY THAT BORDERS THE COUNTY IN WHICH SHE HAS A RESIDENCE OR
LEGAL SETTLEMENT, OR THE JUVENILE COURT OF THE COUNTY IN WHICH THE FACILITY IN
WHICH THE ABORTION WOULD BE PERFORMED OR INDUCED IS LOCATED. THE JUVENILE
COURT SHALL ASSIST THE MINOR OR NEXT FRIEND IN PREPARING THE PETITION AND
NOTICES REQUIRED BY THIS SECTION. THE MINOR OR NEXT FRIEND SHALL THEREAFTER
FILE A PETITION SETTING FORTH ALL OF THE FOLLOWING: THE INITIALS OF THE
MINOR;
HER AGE; THE NAMES AND ADDRESSES OF EACH PARENT, GUARDIAN, CUSTODIAN, OR, IF
THE MINOR'S PARENTS ARE DECEASED AND NO GUARDIAN HAS BEEN APPOINTED, ANY OTHER
PERSON STANDING IN LOCO PARENTIS OF THE MINOR; THAT THE MINOR HAS BEEN FULLY
INFORMED OF THE RISKS AND CONSEQUENCES OF THE ABORTION; THAT THE MINOR IS OF
SOUND MIND AND HAS SUFFICIENT INTELLECTUAL CAPACITY TO CONSENT TO THE
ABORTION;
THAT THE MINOR HAS NOT PREVIOUSLY FILED A PETITION UNDER THIS SECTION
CONCERNING THE SAME PREGNANCY THAT WAS DENIED ON THE MERITS; THAT, IF THE
COURT
DOES NOT AUTHORIZE THE MINOR TO CONSENT TO THE ABORTION, THE COURT SHOULD FIND
THAT THE ABORTION IS IN THE BEST INTERESTS OF THE MINOR AND GIVE JUDICIAL
CONSENT TO THE ABORTION; THAT THE COURT SHOULD APPOINT A GUARDIAN AD LITEM;
AND
IF THE MINOR DOES NOT HAVE PRIVATE COUNSEL, THAT THE COURT SHOULD APPOINT
COUNSEL. THE PETITION SHALL BE SIGNED BY THE MINOR OR THE NEXT FRIEND.
(2) A HEARING ON THE MERITS SHALL BE HELD ON THE RECORD AS SOON AS POSSIBLE
WITHIN FIVE DAYS OF FILING THE PETITION. IF THE MINOR HAS NOT RETAINED
COUNSEL, THE COURT SHALL APPOINT COUNSEL AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE HEARING. THE COURT SHALL APPOINT A GUARDIAN AD LITEM TO PROTECT THE
INTERESTS OF THE MINOR AT THE HEARING. IF THE GUARDIAN AD LITEM IS AN
ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS STATE, THE COURT MAY APPOINT
THE GUARDIAN AD LITEM TO SERVE AS THE MINOR'S COUNSEL. AT THE HEARING,
THE COURT SHALL HEAR EVIDENCE RELATING TO THE
EMOTIONAL DEVELOPMENT, MATURITY, INTELLECT, AND UNDERSTANDING OF THE MINOR;
THE
NATURE, POSSIBLE CONSEQUENCES, AND ALTERNATIVES TO THE ABORTION; AND ANY OTHER
EVIDENCE THAT THE COURT MAY FIND USEFUL IN DETERMINING WHETHER THE MINOR
SHOULD
BE GRANTED THE RIGHT TO CONSENT TO THE ABORTION OR WHETHER THE ABORTION IS IN
THE BEST INTERESTS OF THE MINOR. IF THE MINOR OR HER COUNSEL FAIL TO APPEAR
FOR A SCHEDULED HEARING, JURISDICTION SHALL REMAIN WITH THE JUDGE WHO WOULD
HAVE PRESIDED AT THE HEARING.
(3) IF THE COURT FINDS THAT THE MINOR IS
SUFFICIENTLY MATURE AND WELL ENOUGH INFORMED TO DECIDE INTELLIGENTLY WHETHER
TO HAVE AN ABORTION, THE COURT SHALL GRANT THE PETITION AND PERMIT THE MINOR
TO
CONSENT TO THE ABORTION.
IF THE COURT FINDS THAT THE ABORTION IS IN THE BEST
INTERESTS OF THE MINOR, THE COURT SHALL GIVE JUDICIAL CONSENT TO THE ABORTION,
SETTING FORTH THE GROUNDS FOR ITS FINDING.
IF THE COURT DOES NOT MAKE EITHER OF THE FINDINGS
SPECIFIED IN DIVISION (C)(3) OF THIS SECTION, THE COURT SHALL DENY
THE PETITION, SETTING FORTH THE GROUNDS ON WHICH THE PETITION IS DENIED.
THE COURT SHALL ISSUE ITS ORDER NOT LATER THAN TWENTY-FOUR HOURS AFTER THE
END OF THE HEARING.
(4) NO JUVENILE COURT SHALL HAVE JURISDICTION TO REHEAR A PETITION CONCERNING
THE SAME PREGNANCY ONCE A JUVENILE COURT HAS GRANTED OR DENIED THE PETITION.
(5) IF THE PETITION IS GRANTED, THE INFORMED CONSENT OF THE MINOR, PURSUANT
TO
A COURT ORDER AUTHORIZING THE MINOR TO CONSENT TO THE ABORTION, OR JUDICIAL
CONSENT TO THE ABORTION, SHALL BAR AN ACTION BY THE PARENTS, GUARDIAN, OR
CUSTODIAN OF THE MINOR FOR BATTERY OF THE MINOR AGAINST ANY PERSON PERFORMING
OR INDUCING THE ABORTION. THE IMMUNITY GRANTED SHALL ONLY EXTEND TO THE
PERFORMANCE OR INDUCEMENT OF THE ABORTION IN ACCORDANCE WITH THIS SECTION AND
TO ANY ACCOMPANYING SERVICES THAT ARE PERFORMED IN A COMPETENT MANNER.
(6) AN APPEAL FROM AN ORDER ISSUED UNDER THIS SECTION MAY BE TAKEN TO THE
COURT OF APPEALS BY THE MINOR. THE RECORD ON APPEAL SHALL BE COMPLETED AND
THE APPEAL PERFECTED WITHIN FOUR DAYS FROM THE FILING OF THE NOTICE OF
APPEAL. BECAUSE THE ABORTION MAY NEED TO BE PERFORMED IN A TIMELY MANNER, THE
SUPREME COURT SHALL, BY RULE, PROVIDE FOR EXPEDITED APPELLATE REVIEW OF CASES
APPEALED UNDER THIS SECTION.
(7) ALL PROCEEDINGS UNDER THIS SECTION SHALL BE CONDUCTED IN A
CONFIDENTIAL
MANNER AND SHALL BE GIVEN SUCH PRECEDENCE OVER OTHER PENDING MATTERS AS WILL
ENSURE THAT THE COURT WILL REACH A DECISION PROMPTLY AND WITHOUT DELAY.
THE PETITION AND ALL OTHER PAPERS AND RECORDS THAT PERTAIN TO AN ACTION
COMMENCED UNDER THIS SECTION SHALL BE KEPT CONFIDENTIAL AND ARE NOT PUBLIC
RECORDS UNDER SECTION 149.43 of the Revised Code.
(8) NO FILING FEE SHALL BE REQUIRED OF OR COURT COSTS ASSESSED
AGAINST A PERSON FILING A PETITION UNDER THIS SECTION OR APPEALING AN ORDER
ISSUED UNDER THIS SECTION.
(D) IT IS AN AFFIRMATIVE DEFENSE TO ANY CIVIL, CRIMINAL, OR
PROFESSIONAL
DISCIPLINARY CLAIM BROUGHT UNDER THIS SECTION THAT COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION WAS NOT POSSIBLE BECAUSE AN IMMEDIATE THREAT OF
SERIOUS RISK TO THE LIFE OR PHYSICAL HEALTH OF THE MINOR FROM THE CONTINUATION
OF HER PREGNANCY CREATED AN EMERGENCY NECESSITATING THE IMMEDIATE PERFORMANCE
OR INDUCEMENT OF AN ABORTION.
(E) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS GUILTY
OF UNLAWFUL ABORTION, A
MISDEMEANOR OF THE FIRST DEGREE. IF THE OFFENDER PREVIOUSLY HAS BEEN
CONVICTED
OF OR PLEADED GUILTY TO A VIOLATION OF THIS SECTION, UNLAWFUL ABORTION IS A
FELONY OF THE FOURTH DEGREE.
(F) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS LIABLE
TO THE PREGNANT MINOR AND HER PARENTS, GUARDIAN, OR CUSTODIAN FOR CIVIL,
COMPENSATORY, AND EXEMPLARY DAMAGES.
Sec. 2919.122. SECTION 2919.121 OF THE REVISED CODE APPLIES
IN LIEU OF DIVISION (B) OF SECTION 2919.12 OF THE REVISED
CODE WHENEVER ITS OPERATION IS NOT ENJOINED. IF SECTION 2919.121 OF
THE REVISED CODE IS ENJOINED, DIVISION (B) OF
SECTION 2919.12 OF THE REVISED CODE APPLIES.
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF DIVISION (B) OF SECTION
2919.12 OF THE REVISED CODE UNDER THE GOOD FAITH BELIEF THAT
THE APPLICATION OR ENFORCEMENT OF SECTION 2919.121 of the Revised Code IS SUBJECT TO A
RESTRAINING ORDER OR
INJUNCTION, GOOD FAITH COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY
CIVIL, CRIMINAL, OR PROFESSIONAL DISCIPLINARY ACTION BROUGHT UNDER SECTION
2919.121 of the Revised Code.
IF A PERSON COMPLIES WITH THE REQUIREMENTS OF SECTION 2919.121 of the Revised Code
UNDER THE GOOD FAITH
BELIEF THAT IT IS NOT SUBJECT TO A RESTRAINING ORDER OR INJUNCTION, GOOD FAITH
COMPLIANCE SHALL CONSTITUTE A COMPLETE DEFENSE TO ANY CRIMINAL, CIVIL, OR
PROFESSIONAL DISCIPLINARY ACTION FOR FAILURE TO COMPLY WITH THE REQUIREMENTS
OF DIVISION (B) OF SECTION 2919.12 OF THE REVISED
CODE.
Section 2. That existing section 2317.56 of the Revised Code is hereby
repealed.
Section 3. It is the intention of the General Assembly that section 2919.121
of the Revised Code be interpreted and applied in accordance with the
decisions
in Planned Parenthood v. Ashcroft, 655 F.2d 848 (8th
Cir., 1981), and Planned Parenthood v. Ashcroft, 103 S.
Ct. 2517 (1983), which interpreted and upheld the Missouri statute upon which
section 2919.121 of the Revised Code is based.
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