As Introduced

134th General Assembly

Regular Session H. B. No. 480
2021-2022
Representatives Powell, Hall
Cosponsors: Representatives Ferguson, Click, Brinkman, Gross, Riedel, Fowler
Arthur, Creech, Miller, K., Schmidt, Manchester, Swearingen, Dean, Ghanbari,
Loychik, Bird, Young, B., Wiggam, Johnson, Jordan, Cross, Merrin, Stoltzfus,
Young, T., Ginter, Kick, McClain, Koehler, John, Carruthers, Zeltwanger,
Richardson, Grendell, Cutrona

A BILL
To amend section 1.59 and to enact sections 1
2919.08, 2919.081, 2919.082, 2919.083, 2919.084, 2
2919.085, 2919.086, 2919.087, 2919.088, 3
2919.089, 2919.0810, and 2919.0811 of the 4
Revised Code to enact the 2363 Act to authorize 5
a private right of action against a person for 6
performing or inducing an abortion or engaging 7
in conduct that aids or abets the performance or 8
inducement of an abortion. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 1.59 be amended and sections 10

2919.08, 2919.081, 2919.082, 2919.083, 2919.084, 2919.085, 11
2919.086, 2919.087, 2919.088, 2919.089, 2919.0810, and 2919.0811 12
of the Revised Code be enacted to read as follows: 13

Sec. 1.59. As used in any statute, unless another 14

definition is provided in that statute or a related statute: 15
H. B. No. 480 Page 2
As Introduced

(A) "Child" includes child by adoption. 16

(B) "Oath" includes affirmation, and "swear" includes 17

affirm. 18

(C) "Person" includes an individuala born or unborn human 19

being at any stage of development, corporation, business trust, 20
estate, trust, partnership, and association. 21

(D) "Population" means that shown by the most recent 22

regular federal census. 23

(E) "Property" means real and personal property. 24

(F) "Rule" includes regulation. 25

(G) "State," when applied to a part of the United States, 26

includes any state, district, commonwealth, territory, insular 27
possession thereof, and any area subject to the legislative 28
authority of the United States of America. "This state" or "the 29
state" means the state of Ohio. 30

(H) "United States" includes all the states. 31

(I) "Will" includes codicil. 32

(J) "Written" or "in writing" includes any representation 33

of words, letters, symbols, or figures; this provision does not 34
affect any law relating to signatures. 35

(K) "Internet" means the international computer network of 36

both federal and nonfederal interoperable packet switched data 37
networks, including the graphical subnetwork known as the world 38
wide web. 39

Sec. 2919.08. As used in sections 2919.081 to 2919.0811 of 40

the Revised Code: 41

(A) "Abortion" means the act of using, prescribing, 42

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As Introduced

administering, procuring, or selling of any instrument, 43

medicine, drug, or any other substance, device, or means with 44
the purpose to terminate the pregnancy of a woman, with 45
knowledge that the termination by any of those means will, with 46
reasonable likelihood, cause the death of the unborn child. 47

(B) "Fertilization" means the fusion of a human 48

spermatozoon with a human ovum. 49

(C) "Unborn child" means an individual organism of the 50

species homo sapiens from fertilization until live birth. 51

Sec. 2919.081. All human beings are created equal and 52

endowed by their creator with certain unalienable rights; among 53
these are life, liberty, and the pursuit of happiness; to secure 54
these rights, governments are instituted, deriving their just 55
powers from the consent of the governed. The legislature may 56
define, by law, the scope of protections afforded by this 57
section to unborn persons. Any prohibition of conduct with 58
regard to unborn persons shall be prescribed by the legislature 59
by law. 60

Sec. 2919.082. Notwithstanding any other provision of law 61

to the contrary, no person shall purposely perform or attempt to 62
perform an abortion. 63

Sec. 2919.083. (A) Notwithstanding any other provision of 64

law to the contrary, section 2919.082 of the Revised Code shall 65
be enforced exclusively through the private civil actions 66
described in section 2919.084 of the Revised Code. 67

(B) No enforcement of section 2919.082 of the Revised Code 68

other than that described under division (A) of this section 69
shall be taken or threatened by this state, a political 70
subdivision, a district or county attorney, or an executive or 71
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As Introduced

administrative officer or employee of this state or a political 72

subdivision. 73

(C)(1) Notwithstanding any other provision of law to the 74

contrary, this state, a state official, or a district or county 75
attorney shall not intervene in an action brought under this 76
section. 77

(2) This state, a state official, or a district or county 78

attorney are not prohibited from filing an amicus curiae brief 79
in the action. 80

Sec. 2919.084. (A) Except as provided under division (B) 81

of this section, any person may bring a civil action against any 82
person who: 83

(1) Performs or induces an abortion in violation of 84

section 2919.082 of the Revised Code; 85

(2) Knowingly engages in conduct that aids or abets the 86

performance or inducement of an abortion for a woman who the 87
person knows to be pregnant, including paying for or reimbursing 88
the costs of an abortion through insurance or otherwise, if the 89
abortion is performed or induced in violation of section 90
2919.082 of the Revised Code; 91

(3) Has taken action or made statements that demonstrate 92

to a reasonable person that the person intends to engage in the 93
conduct described by division (A)(1) or (2) of this section. 94

(B) Notwithstanding any other provision of law to the 95

contrary, a civil action under this section shall not be brought 96
by any of the following: 97

(1) Any officer or employee of a state or local 98

governmental entity in this state; 99
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(2) A person who impregnated the abortion patient through 100

an act of rape, sexual battery, gross sexual imposition, or any 101
other act prohibited by Title XXIX of the Revised Code. 102

Sec. 2919.085. (A) Except as provided in division (B) of 103

this section, if a claimant prevails in an action brought under 104
section 2919.084 of the Revised Code, the court shall award all 105
of the following: 106

(1) Injunctive relief sufficient to prevent the defendant 107

from violating or engaging in acts that aid or abet violations 108
of section 2919.082 of the Revised Code; 109

(2) Statutory damages in an amount of not less than ten 110

thousand dollars for each abortion that the defendant performed 111
or induced, and for each abortion performed or induced that the 112
defendant aided or abetted; 113

(3) Costs and attorney's fees. 114

(B) A court shall not award relief under this section in 115
response to a violation of division (A)(1) or (2) of section 116
2919.084 of the Revised Code if the defendant demonstrates that 117
the defendant previously paid the full amount of statutory 118
damages under division (A)(2) of this section in a previous 119
action for that particular abortion performed or induced or for 120
the particular conduct that aided or abetted an abortion 121
performed or induced. 122

(C) Notwithstanding any other provision of law to the 123

contrary, a court shall not award costs or attorney's fees to a 124
defendant in an action brought under this section. 125

Sec. 2919.086. (A) The following shall not be a defense to 126

an action brought under section 2919.084 of the Revised Code: 127
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(1) Ignorance or mistake of law; 128

(2) A defendant's belief that the requirements of sections 129

2919.08 to 2919.0810 of the Revised Code are unconstitutional or 130
were unconstitutional; 131

(3) A defendant's reliance on any court decision that has 132

been overruled on appeal or by a subsequent court, even if that 133
court decision had not been overruled when the defendant engaged 134
in conduct that violates section 2919.082 of the Revised Code; 135

(4) A defendant's reliance on any state or federal court 136

decision that is not binding on the court in which the action 137
has been brought; 138

(5) Non-mutual issue preclusion or non-mutual claim 139

preclusion; 140

(6) The consent of the unborn child's mother to the 141

abortion; 142

(7) Except as provided under section 2151.087 of the 143

Revised Code, any claim that the enforcement of section 2919.084 144
of the Revised Code or the imposition of civil liability against 145
the defendant will violate the constitutional rights of third 146
parties. 147

(B) A defendant against whom an action is brought under 148

section 2919.084 of the Revised Code does not have standing to 149
assert the rights of women seeking an abortion as a defense to 150
liability under that section unless either of the following 151
apply: 152

(1) The United States supreme court holds that the courts 153
of this state must confer standing on that defendant to assert 154
the third-party rights of women seeking an abortion in state 155
H. B. No. 480 Page 7
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court as a matter of federal constitutional law. 156

(2) The defendant has standing to assert the rights of 157

women seeking an abortion under the tests for third-party 158
standing established by the United States supreme court. 159

Sec. 2919.087. (A) Any of the following shall be an 160

affirmative defense to an action under section 2919.084 of the 161
Revised Code: 162

(1) A licensed physician performed or induced an abortion 163

to which either of the following apply: 164

(a) It was designed or intended to prevent the death of a 165

pregnant mother and the physician made reasonable medical 166
efforts under the circumstances to preserve both the life of the 167
mother and the life of her unborn child in a manner consistent 168
with conventional medical practice. 169

(b) It resulted in the accidental or unintentional injury 170

or death to the unborn child. 171

(2) A person sued under division (A)(2) or (3) of section 172

2919.084 of the Revised Code reasonably believed, after 173
conducting a reasonable investigation, that the physician 174
performing or inducing the abortion had complied, would comply, 175
or will comply with division (A)(1) of this section. 176

(3) An undue burden defense in accordance with section 177

2919.088 of the Revised Code. 178

(B) The defendant has the burden of proving an affirmative 179

defense under this section by a preponderance of evidence. 180

(C) This section shall not be construed to impose 181

liability on any speech or conduct protected by the First 182
Amendment to the United States Constitution, as made applicable 183
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to the states through the United States supreme court's 184

interpretation of the Fourteenth Amendment to the United States 185
Constitution. 186

Sec. 2919.088. (A) A defendant in an action brought under 187

section 2919.084 of the Revised Code may assert an affirmative 188
defense to liability under this section if both of the following 189
apply: 190

(1) The defendant has standing to assert the third-party 191

rights of a woman or group of women seeking an abortion in 192
accordance with division (B) of section 2919.086 of the Revised 193
Code. 194

(2) The defendant demonstrates that the relief sought by 195

the claimant will impose an undue burden on that woman or that 196
group of women seeking an abortion. 197

(B) A court may not find an undue burden under division 198
(A)(2) of this section unless the defendant introduces evidence 199
proving either of the following: 200

(1) An award of relief will prevent a woman or a group of 201

women from obtaining an abortion. 202

(2) An award of relief will place a substantial obstacle 203

in the path of a woman or a group of women who are seeking an 204
abortion. 205

(C) A defendant may not establish an undue burden under 206

division (A)(2) of this section by either of the following: 207

(1) Merely demonstrating that an award of relief will 208

prevent women from obtaining support or assistance, financial or 209
otherwise, from others in their effort to obtain an abortion; 210

(2) Arguing or attempting to demonstrate that an award of 211

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relief against other defendants or other potential defendants 212

will impose an undue burden on women seeking an abortion. 213

(D) The affirmative defense under division (A)(2) of this 214

section is not available if the United States supreme court 215
overrules Roe v. Wade, 410 U.S. 113 (1973) or Planned 216
Parenthood v. Casey, 505 U.S. 833 (1992), regardless of whether 217
the conduct on which the cause of action is based under section 218
2919.084 of the Revised Code occurred before the United States 219
supreme court overruled either of those decisions. 220

(E) Nothing in this section shall be construed to limit or 221

preclude a defendant from asserting the defendant's personal 222
constitutional rights as a defense to liability, and a court may 223
not award relief under section 2919.085 of the Revised Code if 224
the conduct for which the defendant has been sued was an 225
exercise of state or federal constitutional rights that 226
personally belong to the defendant. 227

Sec. 2919.089. Notwithstanding any other provision of law 228

to the contrary, an action shall be brought under this section 229
not later than four years after the cause of action accrues. 230

Sec. 2919.0810. (A) Notwithstanding any other provision of 231

law to the contrary, a civil action brought under section 232
2919.084 of the Revised Code shall be brought in: 233

(1) The county in which all or a substantial part of the 234

events or omissions giving rise to the claim occurred; 235

(2) The county of residence for any one of the natural 236
person defendants at the time the cause of action accrued; 237

(3) The county of the principal office in this state of 238

any one of the defendants that is not a natural person; 239
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(4) The county of residence for the claimant if the 240

claimant is a natural person residing in this state. 241

(B) If a civil action is brought under section 2919.084 of 242

the Revised Code in any one of the venues described under 243
division (A) of this section, the action shall not be 244
transferred to a different venue without the written consent of 245
all parties. 246

Sec. 2919.0811. Nothing in sections 2919.08 to 2919.0810 247

of the Revised Code shall be construed as doing any of the 248
following: 249

(A) Authorizing the charge or conviction of a woman with 250

any criminal offense in the death of her own unborn child; 251

(B) Legalizing the conduct prohibited by section 2919.082 252

of the Revised Code; 253

(C) Limiting in any way or affecting the availability of a 254

remedy established by section 2919.084 of the Revised Code; 255

(D) Limiting the enforceability of any other laws that 256

regulate or prohibit abortion; 257

(E) Restricting a political subdivision from regulating or 258

prohibiting abortion in a manner that is at least as stringent 259
as the laws of this state. 260

Section 2. This act is entitled the 2363 Act for the two 261
thousand three hundred sixty-three children lost to abortion 262
every day in the United States. 263

Section 3. That existing section 1.59 of the Revised Code 264

is hereby repealed. 265