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HB 258 - Prohibits Abortion After a Fetal Heartbeat is Detected - Ohio Key Vote

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Legislation - Bill Passed With Amendment (House) (60-35) - (Key vote)
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Title: Prohibits Abortion After a Fetal Heartbeat is Detected

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Vote Smart's Synopsis:

Vote to pass with amendment a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:
  • Prohibits an individual from knowingly and purposefully perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual the woman is carrying and whose heartbeat has been detected (Sec. 1).

  • Prohibits an individual from knowingly and purposefully perform or induce an abortion on a pregnant woman before determining whether the unborn human individual has a detectable heartbeat (Sec. 1).

  • Specifies that Ohio has a legitimate interests for the outset of the pregnancy in protecting the health of the woman and the life of an unborn human individual who may be born (Sec. 1).

  • Specifies that to make an informed choice about whether to continue her pregnancy, the pregnant woman has a legitimate interest in knowing the likelihood of the fetus surviving to full-term birth based upon the presence of cardiac activity (Sec. 1).

  • Specifies that whoever violates this rule is guilty of performing or inducing an abortion before determining whether there is a detectable fetal heart beat, a felony of the fifth degree, with violations of this rule facing either of the following (Sec. 1):

    • A civil action for compensatory and exemplary damages; or

    • Disciplinary action.

  • Exempts physicians who performs or induces the abortion if the physician believes that a medical emergency exists that prevents compliance with that section (Sec. 1).

  • Requires a physician who performs or induces an abortion on a pregnant woman based on the exemption to make written notations in the pregnant woman’s medical records of both of the following:

    • The physician’s belief that a medical emergency necessitating the abortion existed; and

    • The medical condition of the pregnant women that assertedly prevented compliance with the prohibition.

  • Requires the pregnant woman to sign a form acknowledging that they have received information form the individual intending to perform or induce the abortion that the unborn human individual the pregnant woman is carrying has a fetal heartbeat and that the pregnant woman is aware of the statistical probability of bringing the unborn human individual the pregnant woman is carrying to term (Sec. 1).

  • Exempts physicians who perform a medical procedure that, in the physician’s reasonable medical judgement, is designed or intended to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman (Sec. 1).

  • Requires the individual who performs an abortion to state in a written document the reason for the abortion, with the document specifying either of the following (Sec. 1):

    • The medical condition that the abortion is asserted to address and the medical rationale for the individual’s conclusion that the abortion is necessary to address that condition; or

    • That the maternal health is not the purpose of the abortion.

  • Authorizes a woman to file a civil action for the wrongful death of her unborn child (Sec. 1).

  • Requires a woman who prevails in a civil action to receive both of the following from the person who committed one or more acts of this section (Sec. 1):

    • Damages in an amount equal to $10,000 or an amount determined by the trier of fact after consideration of the evidence at the mother’s election at any time prior to final judgment subject to the same defenses and requirements of proof, except any requirement of live birth, as would apply to a suit for the wrongful death of a child who had been born alive; or

    • Court costs and reasonable attorney’s fees.

 

  • Requires the court to award reasonable attorney’s fees to the defendant if the defendant in a civil action prevails (Sec. 1).

  • Requires the Department of Health to inspect the medical records from any facility that performs abortions to ensure that the physicians or other persons who perform abortions at that facility are in compliance with reporting requirements (Sec. 1).

  • Defines “conception” as fertilization (Sec. 1).

  • Defines “contraceptive” as a drug, device, or chemical that prevents conception (Sec. 1).

  • Defines “intrauterine pregnancy” as a pregnancy in which the fetus is attached to the placenta within the uterus of the pregnant women (Sec. 1).

  • Defines “spontaneous miscarriage” as the natural or accidental termination of a pregnancy and the expulsion of the fetus, typically caused by genetic defects in the fetus or physical abnormalities in the pregnant women (Sec. 1).

Legislation - Introduced (House) -

Title: Prohibits Abortion After a Fetal Heartbeat is Detected

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