130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

As Introduced

123rd General Assembly
Regular Session
1999-2000
H. B. No. 351

REPRESENTATIVES LUEBBERS-JERSE-JORDAN-GARDNER-HARTNETT-BUEHRER- CALVERT-CALLENDER-JACOBSON-TIBERI-MYERS-ROMAN-WINKLER-KRUPINSKI- CLANCY-KREBS-NETZLEY-HOUSEHOLDER-CAREY-METZGER-HARRIS-MAIER- CATES-MOTTLEY-GRENDELL-FLANNERY-LOGAN-BRADING-TAYLOR-WILLAMOWSKI- HOOPS-TRAKAS-BUCHY-VERICH-YOUNG-SCHULER-VANVYVEN-AMSTUTZ-HOOD- SULZER-EVANS-DePIERO-JOLIVETTE-WILLIAMS-PADGETT-HAINES-STAPLETON- COUGHLIN-SCHURING-BATEMAAN-AUSTRIA-KILBANE-CORE-SCHUCK


A BILL
To amend sections 2305.11, 2901.01, and 2903.09, to enact sections 2307.53 and 2919.151, and to repeal sections 2307.51 and 2919.15 of the Revised Code to create the offense of partial birth infanticide, to allow specified persons to commence a civil action for damages when a child is killed by partial birth infanticide, and to repeal the prohibition against performing a dilation and extraction procedure on a pregnant woman and the related civil action.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That sections 2305.11, 2901.01, and 2903.09 be amended and sections 2307.53 and 2919.151 of the Revised Code be enacted to read as follows:

Sec. 2305.11. (A)(1) Subject to division (A)(2) of this section, an action for libel, slander, malicious prosecution, or false imprisonment, an action for malpractice other than an action upon a medical, dental, optometric, or chiropractic claim, or an action upon a statute for a penalty or forfeiture shall be commenced within one year after the cause of action accrues, provided that an action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation, or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation shall be commenced within two years after the cause of action accrues.

(2)(a) Except as provided in divisions (A)(2)(b) and (c) of this section, no cause of action for malpractice as described in division (A)(1) of this section shall accrue later than six years from the date of the occurrence of the act or omission constituting the alleged basis of the claim of malpractice.

(b) Division (A)(2)(a) of this section is not available as an affirmative defense to a defendant in an action for malpractice as described in division (A)(1) of this section if the defendant engages in fraud in regard to any relevant fact or other information that pertains to the act or omission constituting the alleged basis of the claim of malpractice.

(c) If a cause of action relative to an action for malpractice as described in division (A)(1) of this section accrues during the six-year period described in division (A)(2)(a) of this section and the claimant cannot commence the action during that period due to a disability described in section 2305.16 of the Revised Code, an action for malpractice may be commenced within two years after the disability is removed.

(B)(1) Subject to divisions (B)(2) and (3) of this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrues, except that, if prior to the expiration of that one-year period, a claimant who allegedly possesses a medical, dental, optometric, or chiropractic claim gives to the person who is the subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced against the person notified at any time within one hundred eighty days after the notice is so given.

(2) The provisions of division (B)(1) of this section shall be tolled as to persons within the age of minority or of unsound mind, as provided by section 2305.16 of the Revised Code.

(3)(a) Except as provided in divisions (B)(3)(b), (c), or (d) of this section, no cause of action upon a medical, dental, optometric, or chiropractic claim shall accrue later than six years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.

(b) Division (B)(3)(a) of this section is not available as an affirmative defense to a defendant in an action upon a medical, dental, optometric, or chiropractic claim as described in division (B)(1) of this section if the defendant engages in fraud in regard to any relevant fact or other information that pertains to the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.

(c) Notwithstanding an otherwise applicable period of limitation specified in this chapter, if a plaintiff discovers an injury that is the basis of a medical, dental, optometric, or chiropractic claim within the six-year period described in division (B)(3)(a) of this section, but less than one year prior to the expiration of that period, an action based on the medical, dental, optometric, or chiropractic claim may be commenced within one year after the date of discovery of that injury.

(d) Notwithstanding an otherwise applicable period of limitation specified in this chapter, if a medical, dental, optometric, or chiropractic claim accrues during the six-year period described in division (B)(3)(a) of this section and the plaintiff cannot commence an action during the period due to a disability described in section 2305.16 of the Revised Code, an action based on the medical, dental, optometric, or chiropractic claim may be commenced within one year after the removal of that disability.

(C) A civil action for unlawful abortion pursuant to section 2919.12 of the Revised Code, a civil action authorized by division (H) of section 2317.56 of the Revised Code, a civil action pursuant to division (B)(1) or (2) of section 2307.51 2307.53 of the Revised Code for performing a dilation and extraction procedure or attempting to perform a dilation and extraction procedure in THE DEATH OF A CHILD THAT RESULTS FROM A violation of DIVISION (B) OF section 2919.15 2919.151 of the Revised Code, and a civil action pursuant to division (B)(1) or (2) of section 2307.52 of the Revised Code for terminating or attempting to terminate a human pregnancy after viability in violation of division (A) or (B) of section 2919.17 of the Revised Code shall be commenced within one year after the performance or inducement of the abortion, within one year after the attempt to perform or induce the abortion in violation of division (A) or (B) of section 2919.17 of the Revised Code, within one year after the performance of the dilation and extraction procedure, or, in the case of a civil action pursuant to division (B)(2) of section 2307.51 of the Revised Code, within one year after the attempt to perform the dilation and extraction procedure VIOLATION OF DIVISION (B) OF SECTION 2919.151 OF THE REVISED CODE.

(D) As used in this section:

(1) "Hospital" includes any person, corporation, association, board, or authority that is responsible for the operation of any hospital licensed or registered in the state, including, but not limited to, those which are owned or operated by the state, political subdivisions, any person, any corporation, or any combination thereof. "Hospital" also includes any person, corporation, association, board, entity, or authority that is responsible for the operation of any clinic that employs a full-time staff of physicians practicing in more than one recognized medical specialty and rendering advice, diagnosis, care, and treatment to individuals. "Hospital" does not include any hospital operated by the government of the United States or any of its branches.

(2) "Physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine and surgery by the state medical board or a person who otherwise is authorized to practice medicine and surgery or osteopathic medicine and surgery in this state.

(3) "Medical claim" means any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist, or hospital, or against a registered nurse, midwife, or physical therapist, and that arises out of the medical diagnosis, care, or treatment of any person. "Medical claim" includes derivative claims for relief that arise from the medical diagnosis, care, or treatment of a person and a claim that is asserted in a civil action against a hospital and that is based on negligent credentialing.

(4) "Podiatrist" means any person who is licensed to practice podiatric medicine and surgery by the state medical board.

(5) "Dentist" means any person who is licensed to practice dentistry by the state dental board.

(6) "Dental claim" means any claim that is asserted in any civil action against a dentist, or against any employee or agent of a dentist, and that arises out of a dental operation or the dental diagnosis, care, or treatment of any person. "Dental claim" includes derivative claims for relief that arise from a dental operation or the dental diagnosis, care, or treatment of a person.

(7) "Derivative claims for relief" include, but are not limited to, claims of a parent, guardian, custodian, or spouse of an individual who was the subject of any medical diagnosis, care, or treatment, dental diagnosis, care, or treatment, dental operation, optometric diagnosis, care, or treatment, or chiropractic diagnosis, care, or treatment, that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:

(a) Loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, or any other intangible loss that was sustained by the parent, guardian, custodian, or spouse;

(b) Expenditures of the parent, guardian, custodian, or spouse for medical, dental, optometric, or chiropractic care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations provided to the individual who was the subject of the medical diagnosis, care, or treatment, the dental diagnosis, care, or treatment, the dental operation, the optometric diagnosis, care, or treatment, or the chiropractic diagnosis, care, or treatment.

(8) "Registered nurse" means any person who is licensed to practice nursing as a registered nurse by the state board of nursing.

(9) "Chiropractic claim" means any claim that is asserted in any civil action against a chiropractor, or against any employee or agent of a chiropractor, and that arises out of the chiropractic diagnosis, care, or treatment of any person. "Chiropractic claim" includes derivative claims for relief that arise from the chiropractic diagnosis, care, or treatment of a person.

(10) "Chiropractor" means any person who is licensed to practice chiropractic by the chiropractic examining board.

(11) "Optometric claim" means any claim that is asserted in any civil action against an optometrist, or against any employee or agent of an optometrist, and that arises out of the optometric diagnosis, care, or treatment of any person. "Optometric claim" includes derivative claims for relief that arise from the optometric diagnosis, care, or treatment of a person.

(12) "Optometrist" means any person licensed to practice optometry by the state board of optometry.

(13) "Physical therapist" means any person who is licensed to practice physical therapy under Chapter 4755. of the Revised Code.

Sec. 2307.53. (A) AS USED IN THIS SECTION, "FRIVOLOUS CONDUCT" HAS THE SAME MEANING AS IN SECTION 2323.51 OF THE REVISED CODE.

(B) A WOMAN WHOSE CHILD IS KILLED AS A RESULT OF A VIOLATION OF DIVISION (B) OF SECTION 2919.151 OF THE REVISED CODE, THE FATHER OF THE CHILD IF THE CHILD WAS NOT CONCEIVED BY RAPE, OR THE PARENT OF THE WOMAN IF THE WOMAN IS NOT EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE VIOLATION HAS AND MAY COMMENCE A CIVIL ACTION FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES IF AUTHORIZED BY SECTION 2315.21 OF THE REVISED CODE, AND COURT COSTS AND REASONABLE ATTORNEY'S FEES AGAINST THE PERSON WHO COMMITTED THE VIOLATION.

(C) IF A JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT IN A CIVIL ACTION COMMENCED PURSUANT TO DIVISION (B) OF THIS SECTION AND THE COURT FINDS, UPON THE FILING OF A MOTION UNDER SECTION 2323.51 OF THE REVISED CODE, THAT THE COMMENCEMENT OF THE CIVIL ACTION CONSTITUTES FRIVOLOUS CONDUCT AND THAT THE DEFENDANT WAS ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT, THE COURT SHALL AWARD IN ACCORDANCE WITH SECTION 2323.51 OF THE REVISED CODE REASONABLE ATTORNEY'S FEES TO THE DEFENDANT.

Sec. 2901.01. (A) As used in the Revised Code:

(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(2) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person.

(3) "Physical harm to persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(4) "Physical harm to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.

(5) "Serious physical harm to persons" means any of the following:

(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

(b) Any physical harm that carries a substantial risk of death;

(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;

(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(6) "Serious physical harm to property" means any physical harm to property that does either of the following:

(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;

(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.

(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.

(8) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.

(9) "Offense of violence" means any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of division (A)(1), (2), or (3) of section 2911.12 of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section;

(c) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;

(d) A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section.

(10)(a) "Property" means any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.

(b) As used in division (A)(10) of this section, "trade secret" has the same meaning as in section 1333.61 of the Revised Code, and "telecommunications . service" and "information service" have the same meanings as in section 2913.01 of the Revised Code.

(c) As used in divisions (A)(10) and (13) of this section, "cable television service," "computer," "computer software," "computer system," "computer network," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.

(11) "Law enforcement officer" means any of the following:

(a) A sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;

(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;

(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;

(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;

(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;

(f) A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;

(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;

(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;

(i) An Ohio veterans' home police officer appointed under section 5907.02 of the Revised Code;

(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code.

(12) "Privilege" means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.

(13) "Contraband" means any property described in the following categories:

(a) Property that in and of itself is unlawful for a person to acquire or possess;

(b) Property that is not in and of itself unlawful for a person to acquire or possess, but that has been determined by a court of this state, in accordance with law, to be contraband because of its use in an unlawful activity or manner, of its nature, or of the circumstances of the person who acquires or possesses it, including, but not limited to, goods and personal property described in division (D) of section 2913.34 of the Revised Code;

(c) Property that is specifically stated to be contraband by a section of the Revised Code or by an ordinance, regulation, or resolution;

(d) Property that is forfeitable pursuant to a section of the Revised Code, or an ordinance, regulation, or resolution, including, but not limited to, forfeitable firearms, dangerous ordnance, obscene materials, and goods and personal property described in division (D) of section 2913.34 of the Revised Code;

(e) Any controlled substance, as defined in section 3719.01 of the Revised Code, or any device, paraphernalia, money as defined in section 1301.01 of the Revised Code, or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in a violation of, Chapter 2925. or 3719. of the Revised Code;

(f) Any gambling device, paraphernalia, money as defined in section 1301.01 of the Revised Code, or other means of exchange that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, Chapter 2915. of the Revised Code;

(g) Any equipment, machine, device, apparatus, vehicle, vessel, container, liquid, or substance that has been, is being, or is intended to be used in an attempt or conspiracy to violate, or in the violation of, any law of this state relating to alcohol or tobacco;

(h) Any personal property that has been, is being, or is intended to be used in an attempt or conspiracy to commit, or in the commission of, any offense or in the transportation of the fruits of any offense;

(i) Any property that is acquired through the sale or other transfer of contraband or through the proceeds of contraband, other than by a court or a law enforcement agency acting within the scope of its duties;

(j) Any computer, computer system, computer network, computer software, or other telecommunications device that is used in a conspiracy to commit, an attempt to commit, or the commission of any offense, if the owner of the computer, computer system, computer network, computer software, or other telecommunications device is convicted of or pleads guilty to the offense in which it is used.

(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.

(B)(1)(a) Subject to division (B)(2) of this section, as used in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense, "person" includes all of the following:

(i) An individual, corporation, business trust, estate, trust, partnership, and association;

(ii) An unborn human who is viable.

(b) As used in any section contained in Title XXIX of the Revised Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, trust, partnership, and association.

(c) As used in division (B)(1)(a) of this section:

(i) "Unborn human" means an individual organism of the species homo sapiens from fertilization until live birth.

(ii) "Viable" means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.

(2) Notwithstanding division (B)(1)(a) of this section, in no case shall the portion of the definition of the term "person" that is set forth in division (B)(1)(a)(ii) of this section be applied or construed in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense in any of the following manners:

(a) Except as otherwise provided in division (B)(2)(a) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with section 2919.12 of the Revised Code.

(b) In a manner so that the offense is applied or is 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 results in any of the following:

(i) Her delivery of a stillborn baby;

(ii) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;

(iii) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;

(iv) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;

(v) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.

Sec. 2903.09. As used in sections 2903.01 to 2903.08, 2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code:

(A) "Unlawful termination of another's pregnancy" means causing the death of an unborn member of the species homo sapiens, who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.

(B) "Another's unborn" or "such other person's unborn" means a member of the species homo sapiens, who is or was carried in the womb of another, during a period that begins with fertilization and that continues unless and until live birth occurs.

(C) Notwithstanding divisions (A) and (B) of this section, in no case shall the definitions of the terms "unlawful termination of another's pregnancy," "another's unborn," and "such other person's unborn" that are set forth in division (A) of this section be applied or construed in any of the following manners:

(1) Except as otherwise provided in division (C)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the actual consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, section 2919.15 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.

(2) In a manner so that the offense is applied or is 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 results in any of the following:

(a) Her delivery of a stillborn baby;

(b) Her causing, in any other manner, the death in utero of an unborn that she is carrying;

(c) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is an unborn;

(d) Her causing her child who is born alive to sustain one or more injuries while the child is an unborn;

(e) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to an unborn that she is carrying.

Sec. 2919.151. (A) AS USED IN THIS SECTION:

(1) "BODY" OF A LIVING CHILD DOES NOT INCLUDE THE UMBILICAL CORD OR THE PLACENTA.

(2) "EMERGED FROM THE BODY OF THE CHILD'S MOTHER" OR "REMOVED FROM THE BODY OF THE CHILD'S MOTHER" MEANS THAT THE PORTION OF THE CHILD'S BODY IN QUESTION IS BEYOND THE MOTHER'S VAGINAL INTROITUS IN A VAGINAL DELIVERY OR BEYOND THE MOTHER'S EXTERNAL ABDOMINAL WALL IN A CAESAREAN DELIVERY.

(3) "LIVING CHILD" MEANS A MEMBER OF THE HUMAN SPECIES WHO HAS A BEATING HEART.

(4) "PARTIAL BIRTH" OR "PARTIALLY BORN" MEANS THAT EITHER OF THE FOLLOWING ATTACHED PORTIONS OF THE BODY OF A LIVING CHILD, BUT NOT THE ENTIRE BODY OF A LIVING CHILD, HAVE EMERGED OR HAVE BEEN REMOVED FROM THE BODY OF THE CHILD'S MOTHER:

(a) IN A CEPHALIC PRESENTATION, AT LEAST THE CHILD'S ENTIRE HEAD;

(b) IN A BREECH PRESENTATION, AT LEAST THE LOWER TORSO OF THE CHILD TO THE NAVEL.

(B) NO PERSON SHALL DO BOTH OF THE FOLLOWING, EXCEPT WHEN NECESSARY TO SAVE THE LIFE OF THE MOTHER WHEN THE MOTHER'S LIFE IS ENDANGERED BY A PHYSICAL DISORDER, ILLNESS, OR INJURY OR WHEN THE MOTHER'S LIFE IS ENDANGERED BY A PROBLEM OCCURRING DURING AN ABORTION OR DELIVERY:

(1) PURPOSELY CAUSE THE PARTIAL BIRTH OF A LIVING CHILD FOR THE PURPOSE OF KILLING THE CHILD WHEN THE CHILD IS PARTIALLY BORN;

(2) AFTER THE PARTIAL BIRTH OF THE CHILD, PURPOSELY KILL THE CHILD BY A SECOND OVERT ACT THAT IS PERFORMED WHEN THE CHILD IS KNOWN TO BE A LIVING CHILD AND IS KNOWN TO BE PARTIALLY BORN.

(C) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS GUILTY OF PARTIAL BIRTH INFANTICIDE, A FELONY OF THE SECOND DEGREE.

(D) A PREGNANT WOMAN WHOSE CHILD IS KILLED AS A RESULT OF A VIOLATION OF DIVISION (B) OF THIS SECTION IS NOT GUILTY OF COMMITTING, ATTEMPTING TO COMMIT, COMPLICITY IN THE COMMISSION OF, OR CONSPIRACY IN THE COMMISSION OF A VIOLATION OF THAT DIVISION.


Section 2. That existing sections 2305.11, 2901.01, and 2903.09 and sections 2307.51 and 2919.15 of the Revised Code are hereby repealed.


Section 3. The General Assembly declares all of the following:

(A) In enacting sections 2307.53 and 2919.151 of the Revised Code, its intent is to prevent the unnecessary killing of children when they are substantially outside the body of the mother.

(B) This intent is based in part on a state interest in maintaining a strong public policy against infanticide, regardless of the life expectancy or stage of development of the child.

(C) The right to abortion established in Roe v. Wade (1973), 410 U.S. 113, was never intended to legitimize infanticide or to deprive the state of all ability to protect children who are substantially outside the body of the mother.

(D) The General Assembly finds that some physicians, rather than performing a standard abortion that is intended to kill the fetus as a result of actions taken while the fetus is still in the woman's body, have performed procedures that involve the deliberate delivery of an attached substantial portion of the body of the living child from the woman's body for the purpose of causing death after the child is partially born, a form of infanticide.

(E) The act also furthers the state interest in preventing unnecessary cruelty. This interest is not necessarily based solely on the ability of the fetus or child to experience pain. The indignity of being partly delivered before being deliberately killed is also a form of cruelty that should not be unnecessarily inflicted upon any being of human origin. Therefore, there are legitimate reasons for deterring the unnecessary use of partial-birth infanticide, even though painful abortion procedures remain available.

Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer