Bill Text: OH HB552 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To prohibit a physician from performing an abortion on a pregnant woman by decapitation of a fetus.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-05-16 - To Health & Aging [HB552 Detail]
Download: Ohio-2011-HB552-Introduced.html
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Representative Martin
| To amend section 2305.11 and to enact section 2919.15 | 1 |
| of the Revised Code to prohibit a physician from | 2 |
| performing an abortion on a pregnant woman by | 3 |
| decapitation of a fetus. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2305.11 be amended and section | 5 |
| 2919.15 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 2305.11. (A) An action for libel, slander, malicious | 7 |
| prosecution, or false imprisonment, an action for malpractice | 8 |
| other than an action upon a medical, dental, optometric, or | 9 |
| chiropractic claim, or an action upon a statute for a penalty or | 10 |
| forfeiture shall be commenced within one year after the cause of | 11 |
| action accrued, provided that an action by an employee for the | 12 |
| payment of unpaid minimum wages, unpaid overtime compensation, or | 13 |
| liquidated damages by reason of the nonpayment of minimum wages or | 14 |
| overtime compensation shall be commenced within two years after | 15 |
| the cause of action accrued. | 16 |
| (B) A civil action for unlawful abortion pursuant to section | 17 |
| 2919.12 of the Revised Code, a civil action authorized by division | 18 |
| (H) of section 2317.56 of the Revised Code, a civil action | 19 |
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pursuant to division (B) | 20 |
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the Revised Code for performing a | 21 |
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birth procedure | 22 |
| 23 | |
| Code, and a civil action pursuant to division (B) of section | 24 |
| 2307.52 of the Revised Code for terminating or attempting to | 25 |
| terminate a human pregnancy after viability in violation of | 26 |
| division (A) of section 2919.17 of the Revised Code shall be | 27 |
| commenced within one year after the performance or inducement of | 28 |
| the abortion, within one year after the attempt to perform or | 29 |
| induce the abortion in violation of division (A) of section | 30 |
| 2919.17 of the Revised Code, or within one year after the | 31 |
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performance of the | 32 |
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procedure | 33 |
| 34 | |
| 35 | |
| 36 |
| (C) As used in this section, "medical claim," "dental claim," | 37 |
| "optometric claim," and "chiropractic claim" have the same | 38 |
| meanings as in section 2305.113 of the Revised Code. | 39 |
| Sec. 2919.15. (A) No physician shall knowingly perform or | 40 |
| induce an abortion on a pregnant woman by means of the | 41 |
| decapitation of a fetus that results in the death of the fetus. | 42 |
| (B) Whoever violates this section is guilty of abortion by | 43 |
| decapitation. Except as otherwise provided in this division, | 44 |
| abortion by decapitation is a felony of the fifth degree. If a | 45 |
| violation of this section results in a splintered or fragmented | 46 |
| skull of the fetus that causes a perforation, laceration, or other | 47 |
| serious physical harm to the pregnant woman while the fetus is in | 48 |
| the body of the pregnant woman or while the fetus is being removed | 49 |
| from the vagina of the pregnant woman, abortion by decapitation is | 50 |
| a felony of the fourth degree. | 51 |
| (C)(1) This section does not prohibit the suction curettage | 52 |
| procedure of abortion, the suction aspiration procedure of | 53 |
| abortion, the dilation and evacuation procedure of abortion, or | 54 |
| completing delivery of the fetus and severing the umbilical cord | 55 |
| of the fetus who has been completely delivered. | 56 |
| (2) This section does not prohibit the use of any procedure | 57 |
| by a physician that, in the physician's reasonable medical | 58 |
| judgment, is necessary to prevent the death of the pregnant woman, | 59 |
| so long as the physician takes every medically reasonable step, | 60 |
| consistent with that procedure, to preserve the life and health of | 61 |
| the fetus. A procedure is not considered necessary to prevent the | 62 |
| death of the pregnant woman if completing the delivery of the | 63 |
| fetus would prevent the death of the pregnant woman. | 64 |
| (D) As used in this section: | 65 |
| (1) "Decapitation of a fetus" means using any instrument or | 66 |
| procedure to separate the skull from the spine of a fetus or to | 67 |
| collapse the skull of a fetus. | 68 |
| (2) "Physician" has the same meaning as in section 2305.111 | 69 |
| of the Revised Code. | 70 |
| Section 2. That existing section 2305.11 of the Revised Code | 71 |
| is hereby repealed. | 72 |
