Ohio ‘Dismemberment Abortion’ Ban (SB 145)
This law was last updated on Apr 19, 2019
SB 145 prohibits a person from knowingly performing or attempting to perform a “dismemberment abortion” when the abortion isn’t necessary to preserve the life or physical health of the pregnant person.
The bill defines “dismemberment abortion” to mean:
[…]with the purpose of causing the death of an unborn child, to dismember a living unborn child and extract the unborn child one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body to cut or rip it off. “Dismemberment abortion” includes a dismemberment abortion during which a suction is used after the death of the unborn child to extract any remaining parts of the unborn child.
Whoever violates this provision would be guilty of “dismemberment feticide,” a felony of the fourth degree.
The law amends current statutes to remove any reference which permits the dilation and evacuation procedure of abortion.
This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)
Based on model legislation drafted by the National Right to Life Committee.
Passed the senate on June 28, 2017, by a 24-9 vote.
Passed the house on December 13, 2018, by a 62-27 vote.
12/21/18 – Signed by Gov. John Kasich.
4/18/19 – Preliminary injunction issued for certain provisions of the law (see above).
- National Right to Life Committee — Drafted Model Law