Exemption for Mothers
Below is the portion of H.B. 228 that exempts pregnant mothers from being prosecuted. The crossed-out text which will be removed from the Ohio Revised Code if the bill passes has been removed so the text below is written exactly the way these portions of the Ohio Revised Code will read if the bill passes.
Sec. 2919.12. (A) No person shall do any of the
following:
(1) Perform or induce an abortion;
(2) Transport another, or cause another to be transported, across the boundary of this state or of any county in this state in order to facilitate the other person having an abortion.
Whoever violates division (A)(1) of this section is guilty of unlawful abortion. Whoever violates division (A)(2) of this section is guilty of facilitating an abortion. Unlawful abortion or facilitating an abortion is a felony of the second degree or, if the offender previously has been convicted of or pleaded guilty to a violation of
this section, sections 2919.123, 2919.13, or 2919.14 of the Revised Code, or former sections 2919.121, 2919.151, 2919.17, or 2919.18 of the Revised Code as they existed prior to the effective date of this amendment, a felony of the first degree.
(C) Whoever violates this section is liable to the pregnant woman, to the person who was the father of the fetus or embryo that was the subject of the abortion, and, if the pregnant woman was a minor at the time of the abortion, to her parents, guardian, or custodian for civil compensatory and exemplary damages.
(D) Division (A)(1) of this section does not apply to a person who provides medical treatment to a pregnant woman to prevent the death of the pregnant woman and who, as a proximate result of the provision of that medical treatment but without intent to do so, causes the termination of the pregnant woman's pregnancy.
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Sec. 4731.91.
(A) On and after the effective date of this amendment, all abortions are prohibited in this
state under sections 2919.12 and 2919.123 of the Revised Code.
(B)(1) No private hospital, private hospital director, or governing board of a private hospital shall permit an abortion.
(2) No public hospital, public hospital director, or governing board of a public hospital shall permit an abortion.
(3) Refusal to permit an abortion is not grounds for civil liability nor a basis for disciplinary or other recriminatory action.
(4) No person shall perform or participate in medical procedures that result in abortion. Refusal to perform or participate in the medical procedures that result in an abortion is not grounds for civil liability nor a basis for disciplinary or other recriminatory action.
(5) Whoever violates division (B)(1), (2), or (4) of this section is liable to the pregnant woman, to the person who was the father of the fetus or embryo that was the subject of the abortion, and, if the pregnant woman was a minor at the time of the abortion, to her parents, guardian, or custodian for civil compensatory and exemplary damages.
(C) Division (B)(4) of this section does not apply to a person who provides medical treatment to a pregnant woman to prevent the death of the pregnant woman and who, as a proximate result of the provision of that medical treatment but without intent to do so, causes the termination of the pregnant woman's pregnancy. Divisions (B)(1) and (2) of this section do not apply to a hospital, director, or governing board regarding the provision, by a person at the hospital, of medical treatment to a pregnant woman to prevent the death of the pregnant woman when the person, as a proximate result of the provision of that medical treatment but without intent to do so, causes the termination of the pregnant woman's pregnancy.
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Sec. 5101.55. (A) On and after the effective date of this amendment, all abortions are prohibited in this state under sections 2919.12 and 2919.123 of the Revised Code.
(B)(1) No person shall be ordered by a public agency or any person to submit to an abortion.
(2) The refusal of any person to submit to an abortion or to give consent therefor shall not result in the loss of public assistance benefits or any other rights or privileges.
(3) State or local public funds shall not be used to subsidize an abortion.
(C) Whoever violates division (B)(1) of this section is liable to the pregnant woman, to the person who was the father of the fetus or embryo that was the subject of the abortion, and, if the pregnant woman was a minor at the time of the abortion, to her parents, guardian, or custodian for civil compensatory and exemplary damages.