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Ohio House bill introduced by Loveland representative could criminalize abortion at conception

Jean Schmidt
Posted at 11:53 PM, Jun 27, 2022
and last updated 2022-06-27 23:53:57-04

COLUMBUS, Ohio — An Ohio House bill would make abortion illegal at conception.

Currently, the state’s 'heartbeat bill' allows for abortions to take place up to six weeks into a woman’s pregnancy. The Human Life Protection Act, House Bill 598, would change that.

Rep. Jean Schmidt, a Republican from Loveland, said she believed they have enough votes to pass the bill into law.

“We’ll have one or two more hearings on it. It’ll go before our body and the Senate for concurrent vote," she said during an interview with Bill Cunningham on 700WLW Monday. "I do believe we have the votes in both chambers, and full support of the governor on this bill."

Schmidt said an abortion could still be performed if the life of the mother is at risk; however, she said the bill would create more hoops for doctors to jump through.

“If the physician determines the life of the mother is truly at risk, the physician needs to seek an alternative opinion outside of their practice to concur with it," Schmidt said. "At the time the abortion will be provided because the life of the mother. A second attending physician will have to be there in case the baby is born alive."

The bill would:

  • prohibit a person from purposely causing an abortion by using a “substance” or an “instrument” or other means,
  • make criminal abortion a felony in the fourth degree,
  • prohibit any person from making, selling or advertising tools to cause an abortion,
  • make "promoting" abortion a first-degree misdemeanor,
  • create the crime of abortion manslaughter, which is when a person takes the life of a child born from an attempted abortion who is alive when removed from the pregnant person’s uterus, and
  • make abortion manslaughter a felony of the first degree.

Penalties include a minimum of four to seven years and a maximum of 25 years of imprisonment and a fine of up to $10,000 for abortion manslaughter and a minimum of one-half to two years of imprisonment and a fine of up to $2,500 for criminal abortion.

However, the bill does grant immunity from prosecution for abortion manslaughter, criminal abortion or promoting abortion to the person who attempted abortion or succeeded in an abortion. This individual would also be able to sue for wrongful death for violation of crimes of abortion manslaughter, criminal abortion or promoting abortion.

Schmidt was asked about rape and incest not being included as exemptions in the bill. In April, she called rape ‘an opportunity’ for a woman no matter how young or old she is. During Monday’s radio interview, she double-downed on those comments:

“Rape/incest is an ugly, ugly act of violence. That woman is truly harmed and scarred. Those wounds will never go away. We need to make sure that she has all the love and help and support. To end the pregnancy of the child is not going to erase those wounds or scars. That child still has the right to life,” she said.

Iris Harvey, President of Planned Parenthood of Greater Ohio, said Friday, “For the last decade Ohio politicians and support of the Attorney General and sometimes led by them have been enacting restrictions that one way or another targeted abortion.”

“There is nothing shameful about it. There are many reasons to have it. They’re all different. It depends on the person. Why they’re doing it. Nobody should shame or stigmatize anyone because they’re making a good decision for them,” she said. “We can’t walk in anyone else’s shoes. We need to let them walk in their truth.”

Kersha Deibel, CEO of Planned Parenthood Southwest Ohio, said they’re focused on making sure everyone has the ability to access resources no matter the decisions being made in Columbus.

“We’re making swift and quick plans to make sure that abortion remains legal in the state of Ohio, and in the event that we can’t provide access to abortion, the patients can still be seen and cared for with the highest level of care,” said Deibel.

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