PRIOR PRINTER'S NOS. 67, 893                  PRINTER'S NO. 1045

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 34 Session of 2007


        INTRODUCED BY C. WILLIAMS, COSTA, MUSTO, BOSCOLA, FONTANA,
           FOLMER, WOZNIAK, WASHINGTON AND MELLOW, FEBRUARY 7, 2007

        AS AMENDED ON THIRD CONSIDERATION, MAY 21, 2007

                                     AN ACT

     1  Protecting the right of a mother PERMITTING A MOTHER THE FREEDOM  <--
     2     to nurse her child in public; prohibiting a unit of local      <--
     3     government from adopting an ordinance prohibiting
     4     breastfeeding in public; and providing that breastfeeding may
     5     not be considered a nuisance, indecent exposure, sexual
     6     conduct or obscenity.

     7     WHEREAS, There are benefits to the child, the mother and       <--
     8  society by encouraging and enabling mothers to breastfeed their
     9  children; and
    10     WHEREAS, An infant who is breastfed receives protection
    11  against infection, illness and allergies, and long-term positive
    12  effects on the development, intelligence and health of breastfed
    13  children have been found; and
    14     WHEREAS, A protective effect against various types of cancer
    15  and greater emotional and physical health are found for mothers
    16  who breastfeed; and
    17     WHEREAS, Breastfeeding promotes sufficient birth spacing,
    18  improved vaccine effectiveness and decreased food and medical
    19  expenses, which all have positive societal effects; and


     1     WHEREAS, The Pennsylvania Supplemental Food Program for
     2  Women, Infants, and Children (WIC) promotes breastfeeding
     3  education and support; and
     4     WHEREAS, Legislation to clarify the right to breastfeed is
     5  necessary to promote breastfeeding and remove any stumbling
     6  block from influencing a mother's decision to breastfeed or
     7  continue breastfeeding.
     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  This act shall be known and may be cited as the
    11  Right FREEDOM to Breastfeed Act.                                  <--
    12  Section 2.  Declaration of policy.
    13     The General Assembly finds that breastfeeding a baby is an
    14  important and basic act of nurturing that must be protected in
    15  the interests of maternal and child health and family values.
    16  Section 3.  General rule.
    17     A mother has a right to SHALL BE PERMITTED TO breastfeed her   <--
    18  child in any location, public or private, where the mother and
    19  child are otherwise authorized to be present, irrespective of
    20  whether or not the mother's breast is covered during or
    21  incidental to the breastfeeding.
    22  Section 4.  Local ordinance prohibition.                          <--
    23     A unit of local government may not prohibit breastfeeding in
    24  public by local ordinance.
    25  Section 5.  Right 4.  FREEDOM to breastfeed.                      <--
    26     The act of breastfeeding may SHALL not be considered:          <--
    27         (1)  Indecent exposure as defined in 18 Pa.C.S. § 3127
    28     (relating to indecent exposure).
    29         (2)  Open lewdness as defined in 18 Pa.C.S. § 5901
    30     (relating to open lewdness).
    20070S0034B1045                  - 2 -     

     1         (3)  Obscenity or sexual conduct as defined in 18 Pa.C.S.
     2     § 5903 (relating to obscene and other sexual materials and
     3     performances).
     4         (4)  A nuisance as defined in 18 Pa.C.S. § 6504 (relating
     5     to public nuisances).
     6  Section 10.  Effective date.
     7     This act shall take effect immediately.
















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