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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 67, 893, 1045            PRINTER'S NO. 1252

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 SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 28, 2007

                                     AN ACT

     1  Permitting a mother the freedom to nurse her child in public;
     2     and providing that breastfeeding may not be considered a       <--
     3     nuisance, indecent exposure, sexual conduct or obscenity; AND  <--
     4     PROVIDING FOR A PRIVATE RIGHT OF ACTION.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  This act shall be known and may be cited as the
     8  Freedom to Breastfeed Act.
     9  Section 2.  Declaration of policy.
    10     The General Assembly finds that breastfeeding a baby is an
    11  important and basic act of nurturing that must be protected in
    12  the interests of maternal and child health and family values.
    13  Section 3.  General rule.
    14     A mother shall be permitted to breastfeed her child in any
    15  location, public or private, where the mother and child are
    16  otherwise authorized to be present, irrespective of whether or
    17  not the mother's breast is covered during or incidental to the


     1  breastfeeding.
     2  Section 4.  Freedom to breastfeed.
     3     The act of breastfeeding shall not be considered:
     4         (1)  Indecent exposure as defined in 18 Pa.C.S. § 3127
     5     (relating to indecent exposure).
     6         (2)  Open lewdness as defined in 18 Pa.C.S. § 5901
     7     (relating to open lewdness).
     8         (3)  Obscenity or sexual conduct as defined in 18 Pa.C.S.
     9     § 5903 (relating to obscene and other sexual materials and
    10     performances).
    11         (4)  A nuisance as defined in 18 Pa.C.S. § 6504 (relating
    12     to public nuisances).
    13  SECTION 5.  PRIVATE RIGHT OF ACTION.                              <--
    14     A WOMAN WHOSE FREEDOM TO BREASTFEED, AS PROVIDED IN THIS ACT,
    15  HAS BEEN DENIED, INTERFERED WITH, OR OTHERWISE RESTRICTED MAY
    16  BRING AN ACTION IN AN APPROPRIATE COURT OF ORIGINAL JURISDICTION
    17  TO ENJOIN FUTURE DENIALS, INTERFERENCE AND RESTRICTION AND TO
    18  RECOVER STATUTORY DAMAGES OF $100 PER VIOLATION. IF A WOMAN
    19  PREVAILS IN HER SUIT, SHE SHALL BE AWARDED REASONABLE ATTORNEY
    20  FEES AND REASONABLE EXPENSES OF LITIGATION.
    21  Section 10.  Effective date.
    22     This act shall take effect immediately.






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