HB 135: Section 3. The General Assembly declares that its intent in enacting sections 2307.51 and 2919.15 and in amending section 2305.11 of the Revised Code in this act is to prevent the unnecessary use of a specific procedure used in performing an abortion. This intent is based on a state interest in preventing unnecessary cruelty to the human fetus.
CHAPTER 2919: OFFENSES AGAINST THE FAMILY
Ohio Revised Code 2919.15
§ 2919.15 Performing unlawful abortion procedure.
(A) As used in this section, "dilation and extraction procedure means the termination of a human pregnancy by purposely inserting a suction device into the skull of a fetus to remove the brain. "Dilation and extraction procedure" does not include either the suction curettage procedure of abortion or the suction aspiration procedure of abortion.
(B) No person shall knowingly perform or attempt to perform a dilation and extraction procedure upon a pregnant woman.
(C)(1) It is an affirmative defense to a charge under division (B) of this section that all other available abortion procedures would pose a greater risk to the health of the pregnant woman than the risk posed by the dilation and extraction procedure.
(2) Notwithstanding section 2901.05 of the Revised Code, if a person charged with a violation of division (B) of this section presents prima facie evidence relative to the affirmative defense set forth in division (C)(1) of this section, the prosecution, in addition to proving all elements of the violation by proof beyond a reasonable doubt, has the burden of proving by proof beyond a reasonable doubt that at least one other available abortion procedure would not pose a greater risk to the health of the pregnant woman than the risk posed by the dilation and extraction procedure performed or attempted to be performed by the person charged with the violation of division (B) of this section.
(D) Whoever violates division (B) of this section is guilty of performing an unlawful abortion procedure, a felony of the fourth degree.
(E) A pregnant woman upon whom a dilation and extraction procedure is performed or attempted to be performed in violation of division (B) of this section is not guilty of an attempt to commit, complicity in the commission of, or conspiracy in the commission of a violation of that division.
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History: 146 v H 135; Eff. 11/15/95.
Women's Medical Professional Corp. v. Voinovich, 911 F.Supp. 1051 (S.D. Ohio 1995).
Enjoined: Women’s Medical Professional Corp. v. Voinovich, No. C-3-95-414 (S.D. Ohio Jan. 12, 1996)