2014 -- H 7837

========

LC003880

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - FREEDOM OF ACCESS TO CLINIC

ENTRANCES AND PLACES OF RELIGIOUS WORSHIP

     Introduced By: Representatives Handy, Blazejewski, Valencia, Craven, and Almeida

     Date Introduced: March 04, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 93

FREEDOM OF ACCESS TO CLINIC ENTRANCES AND PLACES OF RELIGIOUS

WORSHIP

     23-93-1. Prohibited activities. – Any person who:

     (1) By force or threat of force or by physical obstruction, intentionally injures,

intimidates or interferes with or attempts to injure, intimidate or interfere with any person because

that person is or has been, or in order to intimidate such person or any other person or any class of

persons from, obtaining or providing reproductive health services;

     (2) By force or threat of force or by physical obstruction, intentionally injures,

intimidates or interferes with or attempts to injure, intimidate or interfere with any person

lawfully exercising or seeking to exercise their United States Constitution First Amendment right

of religious freedom at a place of religious worship; or

     (3) Intentionally damages or destroys the property of a facility, or attempts to do so,

because such facility provides reproductive health services, or intentionally damages or destroys

the property of a place of religious worship, shall be subject to the criminal penalties provided in

§ 23-93-3, and the civil remedies provided in § 23-93-4.

     23-93-2. Definitions. – As used in this chapter, the following words and terms shall have

the following meanings:

     (1) “Facility” means a hospital, clinic, physician’s office, or other facility that provides

reproductive health services, and includes the building or structure in which the facility is located.

     (2) “Interfere with” means to restrict a person’s freedom of movement.

     (3) “Intimidate” means to place a person in reasonable apprehension of bodily harm to

himself or herself, or to another.

     (4) “Physical obstruction” means rendering impassible ingress to or egress from a facility

that provides reproductive health services, or to or from a place of religious worship, or rendering

passage to or from such facility or place of religious worship unreasonably difficult or hazardous.

     (5) “Reproductive health services” means reproductive health services provided in a

hospital, clinic, physician’s office, or other facility, and includes medical, surgical, counseling or

referral services relating to the human reproductive system, including services relating to

pregnancy or the termination of a pregnancy.

     23-93-3. Criminal penalties. – Whoever violates this chapter shall:

     (1) In the case of a first offense, upon conviction be sentenced to pay a fine in accordance

with this chapter or be imprisoned for not more than one year, or both; and

     (2) In the case of a second or subsequent offense after a prior conviction under this

chapter, be sentenced to pay a fine in accordance with this chapter, or imprisoned not more than

three (3) years, or both; except that for an offense involving exclusively a nonviolent physical

obstruction, the fine shall not be more than ten thousand dollars ($10,000), and the length of

imprisonment shall not be more than six (6) months, or both, for the first offense; and the fine

shall be not more than twenty five thousand dollars ($25,000), and the length of imprisonment

shall be not more than eighteen (18) months, or both, for a subsequent offense; and except that if

bodily injury results, the length of imprisonment shall be not more than ten (10) years, and if

death results, it shall be for any term of years or for life.

     23-93-4. Civil remedies. – (a) Right of action.

     (1) In general. – Any person aggrieved by reason of the conduct prohibited by § 23-93-1

may commence a civil action for the relief set forth in § 23-93-4 (b), except that such an action

may be brought under § 23-93-1, only by a person involved in providing or seeking to provide, or

obtaining or seeking to obtain, services in a facility that provides reproductive health services,

and such an action may be brought under § 23-93-1 only by a person lawfully exercising or

seeking to exercise their First Amendment right of religious freedom at a place of religious

worship or by the entity that owns or operates such place of religious worship.

LC003880 - Page 2 of 5

     (2) Relief. – In any action under § 23-93-4 (a) the court, may award appropriate relief,

including temporary, preliminary or permanent injunctive relief and compensatory and punitive

damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With

respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of

final judgment, to recover, in lieu of action damages, an award of statutory damages in the

amount of five thousand dollars ($5,000) per violation, except that a parent or legal guardian of a

minor shall not be subject to any penalties or civil remedies under this chapter for such activities

insofar as they are directed exclusively at that minor.

     (i) In an amount not exceeding ten thousand dollars ($10,000) for a nonviolent physical

obstruction and fifteen thousand dollars ($15,000) for nonviolent first violations; and

     (ii) In an amount not exceeding fifteen thousand dollars ($15,000) for a nonviolent

physical obstruction and twenty-five thousand dollars ($25,000) for any other subsequent

nonviolent violation.

     (b) Actions by attorney general.

     (1) In general. – If the attorney general has reasonable cause to believe that any person or

group or persons is being, has been, or may be injured by conduct constituting a violation of this

chapter, the attorney general may commence a civil action in the name of the state, as parens

patriae on behalf of natural persons residing in the state, in the superior court.

     (2) Relief. – In any action under § 23-93-4 (b)(1), the court may award appropriate relief,

including temporary, preliminary or permanent injunctive relief, compensatory damages, and

civil penalties.

     23-93-5. Rules of construction. – Nothing in this section shall be construed to:

     (1) To prohibit any expressive conduct, including peaceful picketing or other peaceful

demonstration protected from legal prohibition by the United States Constitution First

Amendment;

     (2) To create new remedies for interference with activities protected by the free speech or

free exercise clauses of the United States Constitution First Amendment, occurring outside a

facility, regardless of the point of view expressed, or to limit any existing legal remedies for such

interference;

     (3) To provide exclusive criminal penalties or civil remedies with respect to the conduct

prohibited by this section, or to preempt state or local laws that may provide such penalties or

remedies; or

     (4) To interfere with the enforcement of state or local laws regulating the performance of

abortions or other reproductive health services.

LC003880 - Page 3 of 5

     23-93-6. Severability. – If any provision of this chapter or the application thereof to any

person or circumstances is held invalid, such invalidity shall not affect other provisions or

applications of the chapter, which can be given effect without the invalid provisions or

application, and to this end the provisions of this chapter are declared to be severable.

     SECTION 2. This act shall take effect upon passage.

========

LC003880

========

LC003880 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - FREEDOM OF ACCESS TO CLINIC

ENTRANCES AND PLACES OF RELIGIOUS WORSHIP

***

     This act would provide for freedom of access without interference to entrances of clinics

as well as places of religious worship.

     This act would take effect upon passage.

========

LC003880

========

LC003880 - Page 5 of 5