Ohio ‘Dismemberment Abortion’ Ban (SB 145)

This law was last updated on Mar 22, 2019


This law is Anti–Choice Model Bill

State

Ohio

Number

SB 145

Status

Current-Partially Blocked

Proposed

May 4, 2017

Topics

Dilation and Evacuation Bans

Full Bill Text

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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.)


Related Legislation

Based on model legislation drafted by the National Right to Life Committee.


Latest Action

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.

3/22/19 – A federal judge issued a temporary restraining order for certain provisions of the law (see Planned Parenthood Southwest Ohio Region v. Yost).


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