§ 2307.53 — Civil action for damages for dismemberment abortion or partial birth feticide

Ohio § 2307.53

• Jurisdiction: Ohio
• Title 23: Courts-Common Pleas
• Ch. 2307: Civil Actions

Text

(A) As used in this section:

(1) "D ismemberment abortion" has the same meaning as in section2919.15of the Revised Code.

(2) "Frivolous conduct" has the same meaning as in section2323.51of the Revised Code.

(3) "Partial birth procedure" has the same meaning as in section2919.151of the Revised Code.

(B) A woman upon whom a partial birth procedure is performed in violation of division (B) or (C) of section2919.151of the Revised Code, a woman upon whom a dismemberment abortion is performed in violation of division (B) of section2919.15of the Revised Code, the father of the child if the child was not conceived by rape, or the parent of the woman if the woman is not eighteen years of age or older at the time of the violation has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section2315.21of the Revised Code, and court costs and reasonable attorney's fees against the person who committed the violation.

(C) If a judgment is rendered in favor of the defendant in a civil action commenced pursuant to division (B) of this section and the court finds, upon the filing of a motion under section2323.51of the Revised Code, that the commencement of the civil action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, the court shall award in accordance with section2323.51of the Revised Code reasonable attorney's fees to the defendant.

Legislative History

Effective: March 22, 2019 | Latest Legislation: Senate Bill 145 - 132nd General Assembly