ASSEMBLY, No. 1299
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GREENWALD
An Act concerning access to certain health care facilities and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Freedom of Access to Facilities Entrances Act of 1993."
2. a. A person commits an offense who, with intent to prevent or discourage any person from obtaining, administering or delivering reproductive health services, intentionally and physically obstructs, hinders or impedes the ingress or egress of another to a health care facility.
b. As used in this act, "reproductive health services" means any medical, surgical or counseling services relating to the human reproductive system.
"Health care facility" means any health care facility as defined in section 2 of the "Health Care Facilities Act," P.L.1971, c.136 (C.26:2H-2).
c. A person who commits a first offense in violation of subsection a. of this section shall be guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, any term of imprisonment imposed shall not exceed one year. A person who commits a second or subsequent offense in violation of subsection a. of this section shall be guilty of a crime of the third degree except that, notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, any term of imprisonment imposed shall not exceed three years.
3. a. In addition to the criminal penalties provided in subsection c. of section 2 of P.L. ,c. (C. ) (now pending before the Legislature as this bill) a qualified plaintiff may institute a civil action with respect to any violation of subsection a. of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill).
b. "Qualified plaintiff" as used in this act means:
(1) the person whose ingress or egress is or is about to be obstructed, hindered or impeded;
(2) a person whose obtaining of reproductive health services is intended to be prevented or discouraged;
(3) the health care facility or any of the medical or administrative staff of the health care facility; and
(4) the owner of the building where the health care facility is located.
c. Relief in a civil action under this section includes:
(1) any appropriate declaratory or injunctive or other equitable relief, including injunctive relief to terminate existing or threatened blockades of a health care facility; and
(2) damages in the amount of $5,000.00 or treble the actual damages, including any award for pain and suffering or emotional distress, whichever is the greater amount; and
(3) an award to the prevailing party of reasonable attorney's fees and court costs.
4. This act shall not prohibit;
a. any expressive conduct permitted by the First Amendment of the Constitution of the United States or Article I of the New Jersey Constitution;
b. conduct by a party to a labor dispute in furtherance of labor or management objectives in that dispute;
c. conduct by government officials in the course of their official duties, by agents of public utilities carrying out their duties or by agents of the health care facility, or the building in which the health care facility is located, in carrying out their duties.
5. This act shall take effect immediately.
STATEMENT
This bill provides that it is a criminal offense to prevent or discourage any person from obtaining, administering or delivering reproductive health services by intentionally and physically obstructing, hindering or impeding the ingress or egress of another to a health care facility.
A person who commits a first offense shall be guilty of a crime of the fourth degree. A crime of the fourth degree is punishable generally by a fine not to exceed $7,500.00, a term of imprisonment not to exceed 18 months or both. This bill limits the term of imprisonment to one year. A person who commits a second or subsequent offense shall be guilty of a crime of the third degree. A crime of the third degree is punishable generally by a fine not to exceed $7,500.00, a term of imprisonment between three to five years, or both. This bill limits the term of imprisonment to three years.
In addition to the criminal penalties provided in the bill, a qualified plaintiff may institute a civil action with respect to any violation. "Qualified plaintiff" as used in this bill means:
(1) the person whose ingress or egress is or is about to be obstructed, hindered or impeded;
(2) a person whose obtaining of reproductive health services is intended to be prevented or discouraged;
(3) the health care facility or any of the medical or administrative staff of the health care facility; and
(4) the owner of the building where the health care facility is located.
Relief in a civil action includes:
(1) any appropriate declaratory or injunctive or other equitable relief, including injunctive relief to terminate existing or threatened blockades of a health care facility; and
(2) damages in the amount of $5000.00 or treble the actual damages, including any award for pain and suffering or emotional distress, whichever is the greater amount; and
(3) an award to the prevailing party of reasonable attorney's fees and court costs.
This act shall not prohibit any expressive conduct permitted by the First Amendment; conduct by a party to a labor dispute in furtherance of objectives in that dispute; conduct by government officials in the course of their official duties, by agents of public utilities or by agents of the health care facility, or the building in which the facility is located, in carrying out the agency duties.
Provides criminal and civil penalties for blocking access to certain health care facilities in certain circumstances.