Derek Merrin Cosponsored H.B. 598, An Abortion Ban With No Exceptions For Victims Of Rape, Incest, Or Health Of The Woman

Merrin Cosponsored H.B. 598, Which Was An Abortion Ban. “To enact sections 2904.01, 2904.02, 2904.03, 2904.031, 2904.032, 2904.04, 2904.05, 2904.22, 2904.30, 2904.35, and 2904.40 of the Revised Code to enact the Human Life Protection Act to prohibit abortions based upon a condition precedent.” [Ohio Legislature, H.B. 598, introduced 3/15/22]

• H.B. 598 Had No Exceptions For Rape, Incest, Or Life Or Health Of The Woman, But Instead Required Doctors To Use An Affirmative Defense To Certify An Abortion Was Necessary Or Be Liable To Prosecution. “Companion bills in the Republican-controlled Ohio General Assembly -- Senate Bill 123 and House Bill 598 -- were pushed as ‘trigger’ bills, new laws that would become effective when the U.S. Supreme Court ruled on abortion. […] There are no exceptions in the bills for rape or incest. Each bill allows doctors to use an affirmative defense — which is different than an exception — if prosecuted for criminal abortion if they perform one when a woman’s life or health is in peril. Physicians would have to certify in writing that the abortion was necessary, and so would a second doctor with whom the first doctor has no professional relationship.” [Cleveland.com, 11/7/22]
• An Affirmative Defense Required A Defendant To Bear The “Burden Of Going Forward With The Evidence And The Burden Of Proof By A Preponderance Of The Evidence.” R.C. 2901.05(A) -- On an affirmative defense the defendant bears both the burden of going forward with the evidence and the burden of proof by a preponderance of the evidence. R.C. 2901.05(C) -- An affirmative defense is either: (1) designated by statute as such; or (2) ‘A defense involving an excuse or justification peculiarly within the knowledge of the

accused, on which he can fairly be required to adduce supporting evidence.’” [Office of the Ohio Public Defender, Law Library, Criminal Law Casebook, accessed 7/16/24]

• Under The Bill, Physicians Would Have To Certify In Writing That The Abortion Was Necessary, And So Would A Second Doctor With Whom The First Doctor Has No Professional Relationship. “Companion bills in the Republican-controlled Ohio General Assembly -- Senate Bill 123 and House Bill 598 -- were pushed as ‘trigger’ bills, new laws that would become effective when the U.S. Supreme Court ruled on abortion. […] There are no exceptions in the bills for rape or incest. Each bill allows doctors to use an affirmative defense — which is different than an exception — if prosecuted for criminal abortion if they perform one when a woman’s life or health is in peril. Physicians would have to certify in writing that the abortion was necessary, and so would a second doctor with whom the first doctor has no professional relationship.” [Cleveland.com, 11/7/22]

Merrin Cosponsored H.B. 413. [Ohio Legislature, H.B. 413, introduced 11/14/19]

• ACLU Ohio: H.B. 413 Was A “Total Ban On Abortion.” “House Bill 413 – The ‘total abortion ban’. The global-attention grabbing of the nine, this bill, which claims life begins at conception, is a total ban on abortion, with additional regulations forcing doctors to re-implant ectopic pregnancies and punishments for doctors and individuals seeking abortions.” [ACLU Ohio, 12/19/19]
• Jurist News: H.B. 413 Had No Exceptions For Rape Or Incest Or Mental Health Of The Woman. “The Ohio State House of Representatives on Friday introduced HB 413 that, if passed, would severely restrict abortion care and require unproven medical practices. HB 413 would outlaw abortion in almost all circumstances. […] Additionally, there are no exceptions for rape or incest in the bill, nor would a woman be allowed to seek out an abortion for any mental health condition she might have, or for any disease or injury caused by the pregnancy itself.” [Jurist News, 11/29/19]
• The Guardian: H.B. 413 Would Ban Abortion “Outright.” “In addition to ordering doctors to do the impossible or face criminal charges, H.B. 413 bans abortion outright and defines a fertilized egg as an ‘unborn child’.” [The Guardian, 11/29/19]

H.B. 413 Created “The Capital Offense Of Aggravated Abortion Murder And The Offense Of Abortion Murder.” “To amend sections 109.57, 109.572, 109.97, 177.01, 313.131, 2105.19, 2108.77, 2151.356, 2151.414, 2151.419, 2152.02, 2152.021, 2152.11, 2152.12, 2152.16, 2152.17, 2152.20, 2152.59, 2152.72, 2152.74, 2152.86, 2317.02, 2901.01, 2901.02, 2901.07, 2901.13, 2903.41, 2909.24, 2921.32, 2921.34, 2923.01, 2923.02, 2923.131, 2923.132, 2923.31, 2923.32, 2927.21, 2929.01, 2929.02, 2929.021, 2929.022, 2929.023, 2929.024, 2929.03, 2929.04, 2929.05, 2929.06, 2929.13, 2929.14, 2929.143, 2929.31, 2929.32, 2929.34, 2930.16, 2933.51, 2933.81, 2933.82, 2937.222, 2941.14, 2941.143, 2941.147, 2941.148, 2945.06, 2945.11, 2945.38, 2945.57, 2945.74, 2949.02, 2950.01, 2950.99, 2953.08, 2953.09, 2953.11, 2953.21, 2953.25, 2967.01, 2967.05, 2967.12, 2967.121, 2967.13, 2967.18, 2967.19, 2967.193, 2967.26, 2971.01, 2971.03, 2971.07, 3301.32, 3301.541, 3313.662, 3319.31, 3319.39, 3712.09, 3721.121, 3734.44, 4715.30, 4717.05, 4717.051, 4717.14, 4723.092, 4723.281, 4730.25, 4731.22, 4734.36, 4741.22, 4757.361, 4759.07, 4760.13, 4761.09, 4762.13, 4765.114, 4774.13, 4776.10, 4778.14, 5103.0319, 5120.032, 5120.53, 5120.61, 5139.05, 5139.20, 5149.101, and 5153.111 and to enact sections 2904.01, 2904.02, 2904.03, 2904.04, 2904.20, 2904.30, and 2904.35 of the Revised Code to create the capital offense of aggravated abortion murder and the offense of abortion murder.” [Ohio Legislature, H.B. 413, introduced 11/14/19]

Under H.B. 413, Children Age 13 Charged With “Murder/Aggravated Murder; Abortion Murder/Aggravated Abortion Murder” Received A “DYSO, TJ” Disposition. [Ohio Legislature, H.B. 413, introduced 11/14/19]

Image: see original report, p. 42

[Ohio Legislature, H.B. 413, introduced 11/14/19]

• H.B 413 Defined “DYSO” As A “Discretionary Serious Youthful Offender Disposition” And “TJ” As A “Traditional Juvenile.” “(I) The table in division (H) of this section is for illustrative purposes only. If the table conflicts with any provision of divisions (A) to (G) of this section, divisions (A) to (G) of this section shall control. […] (3) ‘DSYO’ refers to discretionary serious youthful offender disposition. […] (12) ‘TJ’ refers to traditional juvenile.” [Ohio Legislature, H.B. 413, introduced 11/14/19]
• Under Ohio Law, A “Discretionary Serious Youthful Offender” Was A Case In Which The Juvenile Court, At Their Discretion, Can Impose A Serious Youthful Offender Disposition, Meaning The Person Is Not Transferred To Adult Court Under a Mandatory Or Discretionary Transfer. “(F) ‘Discretionary serious youthful offender’ means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer. (G) ‘Discretionary SYO’ means a case in which the juvenile court, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152.13 of the Revised Code. (H) ‘Discretionary transfer’ means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152.12 of the Revised Code.” [Ohio Revised Code Section 2152.02, Effective 4/4/23]
• 2002: Ohio Enacted A Serious Youthful Offender Law Under Which Juveniles Could Be Designated A Serious Youthful Offender And Would Serve A Blended Sentence For Juvenile And Adult Sentences Instead Of Being Bound To Adult Court. “In 2002, the Ohio legislature enacted the serious youthful offender or ‘SYO’ sentencing law. Under the SYO sentencing law, juvenile offenders who are designated serious youthful offenders are not bound over to adult court. Rather, juvenile offenders designated serious youthful offenders are subject to blended sentences where both a juvenile disposition and an adult sentence are imposed. To be designated as an SYO, one or more of the following factors must apply: The juvenile offender must be 10 years old or older; The act charged against the juvenile offender is an offense of violence; The juvenile offender used, displayed or brandished a firearm during the commission of the act charged; The juvenile offender was previously committed to a Department of Youth Service’s facility.” [Rittgers Rittgers & Nakajima, Blog, 4/5/16]
• H.B. 413 Included A “Particular Type Of Disposition” For Children Who Are “Adjudicated A Delinquent Child For Committing An Act That Would Be A Felony If Committed By An Adult.” “Sec. 2152.11. (A) A child who is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult is eligible for a particular type of disposition under this section if the child was not transferred under section 2152.12 of the Revised Code. If the complaint, indictment, or information charging the act includes one or more of the following factors, the act is considered to be enhanced, and the child is eligible for a more restrictive disposition under this section; (1) The act charged against the child would be an offense of violence if committed by an adult. (2) During the commission of the act charged, the child used a firearm, displayed a firearm, brandished a firearm, or indicated that the child possessed a firearm and actually

possessed a firearm. (3) The child previously was admitted to a department of youth services facility for the commission of an act that would have been aggravated murder, murder, aggravated abortion murder, abortion murder, a felony of the first or second degree if committed by an adult, or an act that would have been a felony of the third degree and an offense of violence if committed by an adult.” [Ohio Legislature, H.B. 413, introduced 11/14/19]

The Guardian: H.B. 413 Would Punish Doctors, Women, And Children As Young As 13 With “Abortion Murder,” Punishable By Life In Prison, If They Have An Abortion. “It also appears to punish doctors, women and children as young as 13 with ‘abortion murder’ if they ‘perform or have an abortion’. This crime is punishable by life in prison. Another new crime, ‘aggravated abortion murder’, is punishable by death, according to the bill.” [The Guardian, 11/29/19]

• H.B. 413 Would Create A Crime For “Aggravated Abortion Murder” Punishable By Death. “It also appears to punish doctors, women and children as young as 13 with ‘abortion murder’ if they ‘perform or have an abortion’. This crime is punishable by life in prison. Another new crime, ‘aggravated abortion murder’, is punishable by death, according to the bill.” [The Guardian, 11/29/19]

Vox: “As Written, The Bill Would Appear To Allow Ohioans To Be Sentenced To Life In Prison For Getting An Abortion.” “But the new crimes are notable in large part because they would apparently allow patients to be charged with a felony for ending their pregnancies. A spokesperson for Keller told Vox that ‘the intent of the bill is towards the doctors, it’s not toward punishing the women that are going through these crisis situations.’ But as written, the bill would appear to allow Ohioans to be sentenced to life in prison for getting an abortion.” [Vox, 12/5/19]

ACLU Ohio: H.B. 413 Would Include “Punishments For Doctors And Individuals Seeking Abortions.” “House Bill 413 – The ‘total abortion ban’. The global-attention grabbing of the nine, this bill, which claims life begins at conception, is a total ban on abortion, with additional regulations forcing doctors to re-implant ectopic pregnancies and punishments for doctors and individuals seeking abortions.” [ACLU Ohio, 12/19/19]

H.B. 413 Included Language That Anyone That Purposely Performed Or Had An Abortion Was “Guilty Of Abortion Murder.” “Sec. 2904.04. (A) No person shall purposely perform or have an abortion. (B) No person shall cause an abortion as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2904.03 of the Revised Code. (C) Division (B) of this section does not apply to an offense that becomes a felony of the first or second degree only if the offender previously has been convicted of that offense or another specified offense. (D) Whoever violates this section is guilty of abortion murder and shall be punished as provided in section 2929.02 of the Revised Code.” [Ohio Legislature, H.B. 413, introduced 11/14/19]