Amendment No. am_136_3042

H. B. No. 459

As Introduced

__________________________ moved to amend as follows:

In line 1 of the title, after "2901.13" insert ", 2927.01"

In line 5 of the title, delete "and" and insert ","

In line 6 of the title, after "limitations" insert ", and to modify the offense of abuse of a corpse"

In line 7, after "2901.13" insert ", 2927.01"

In line 327, after "(A)" insert "As used in this section:

(1) "Spontaneous miscarriage" has the same meaning as in section 2919.19 of the Revised Code.

(2) "Stillbirth" has the same meaning as in section 5180.12 of the Revised Code.

(B)"

In line 334, delete "(B)" and insert "(C) This section does not apply to any of the following:

(1) A woman who experiences a spontaneous miscarriage or stillbirth and moves or removes the human remains related to that spontaneous miscarriage or stillbirth;

(2) A person who has been granted authority by a woman who experiences a spontaneous miscarriage or stillbirth to move or remove the human remains related to the woman's spontaneous miscarriage or stillbirth;

(3) A health care professional who moves or removes the human remains related to a woman's spontaneous miscarriage or stillbirth while providing health care, within the professional's scope of practice, to the woman for the woman's spontaneous miscarriage or stillbirth.

(D)"

After line 337, insert:

"Sec. 2927.01. (A) As used in this section:

(1) "Spontaneous miscarriage" has the same meaning as in section 2919.19 of the Revised Code.

(2) "Stillbirth" has the same meaning as in section 5180.12 of the Revised Code.

(B) No person, except as authorized by law, shall treat a human corpse in a way that the person knows would outrage reasonable family sensibilities.

(B)(C) No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.

(C) (D) This section does not apply to any of the following:

(1) A woman who experiences a spontaneous miscarriage or stillbirth;

(2) A person who has been granted authority by a woman who experiences a spontaneous miscarriage or stillbirth to move or remove the human corpse;

(3) A health care professional who is providing health care, within the professional's scope of practice, to a woman who experiences a spontaneous miscarriage or stillbirth.

(E) Whoever violates division (A)(B) of this section is guilty of abuse of a corpse, a misdemeanor of the second degree. Whoever violates division (B)(C) of this section is guilty of gross abuse of a corpse, a felony of the fifth degree."

In line 1360, after "2901.13" insert ", 2927.01"

The motion was __________ agreed to.

SYNOPSIS

Exception for spontaneous miscarriage or stillbirth

R.C. 2921.322 and 2927.01

For the offenses of "moving or removing human remains" and "abuse of a corpse," provides an exception to the offense for all of the following:

- A woman who experiences a spontaneous miscarriage or stillbirth.

- A person who has been granted authority by a woman who experiences a spontaneous miscarriage or stillbirth to move or remove the human remains or corpse.

- A health care professional while providing health care, within the professional's scope of practice, to the woman for the woman's spontaneous miscarriage or stillbirth.