Ohio “Heartbeat Bill” Sent to Governor Kasich

The Ohio General Assembly recently passed HB258, a bill “to generally prohibit an abortion of an unborn human individual with a detectable heartbeat and to create the Joint Legislative Committee on Adoption Promotion and Support.”  The bill provides exceptions to prevent the death or “serious risk of the substantial and irreversible impairment of a major bodily function” of a pregnant woman, but no exceptions for pregnant women who are victims of rape or incest.  The bill also states the Director of the Ohio Department of Health may adopt rules “specifying the appropriate methods of performing an examination for the purpose of determining the presence of a fetal heartbeat of an unborn individual based on standard medical practice,” and specifies “the rules shall require only that an examination shall be performed externally.”  HB258 was sent to Governor John Kasich on 12/14/18.  Per the Ohio legislative process, if the Governor does not sign or veto the act after 10 days (excluding Sundays), it becomes law without the Governor’s signature.  Kasich vetoed a similar act in December 2016, and says he will veto this new act after waiting 10 days. [See 12/14/18 Columbus Dispatch post.]  The Ohio Senate and House have scheduled sessions on 12/27/18, but it is unlikely there are sufficient votes for a 3/5 veto override.