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PRINTER'S NO. 1499
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1105
Session of
2015
INTRODUCED BY FARNESE, TEPLITZ, TARTAGLIONE, WILLIAMS, SCHWANK,
HUGHES AND HAYWOOD, JANUARY 13, 2016
REFERRED TO JUDICIARY, JANUARY 13, 2016
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, providing for the offense of hindering
access to clinic entrances; and, in particular rights and
immunities, providing for freedom of access to clinic
entrances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2718. Hindering access to clinic entrances.
(a) Offense defined.--A person commits an offense if:
(1) by force or threat of force or by physical
obstruction, the person intentionally injures, intimidates or
interferes with or attempts to injure, intimidate or
interfere with, another person:
(i) because the other person was or is obtaining or
providing reproductive health services; or
(ii) in order to discourage the other person from
obtaining or providing reproductive health services; or
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(2) the person intentionally, negligently or recklessly
damages or destroys the property of a clinic or attempts to
do so because the clinic provides reproductive health
services.
(b) Penalties.--
(1) Except as otherwise provided in paragraph (2), an
offense under subsection (a) shall be:
(i) A misdemeanor of the second degree for a first
offense, punishable by a term of imprisonment not to
exceed two years and a fine of not more than $10,000.
(ii) A misdemeanor of the first degree for a second
or subsequent offense, punishable by a term of
imprisonment not to exceed five years and a fine of not
more than $50,000.
(2) An offense under subsection (a) that results in:
(i) Bodily injury constitutes a felony of the third
degree.
(ii) Serious bodily injury constitutes a felony of
the first degree.
(iii) The death of a person constitutes a felony of
the first degree, punishable by a term of imprisonment,
the maximum of which shall be life imprisonment.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Abortion facility." As defined in section 802.1 of the act
of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Ambulatory surgical facility." As defined in section 802.1
of the act of July 19, 1979 (P.L.130, No.48), known as the
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Health Care Facilities Act.
"Clinic." A hospital, physician's office or facility that
provides reproductive health services, including the building or
structure in which the hospital, physician's office or facility
is located, and the grounds, driveways and any parking
facilities in which the hospital, physician's office or facility
has an ownership or leasehold interest.
"Facility." An abortion facility or ambulatory surgical
facility.
"Hospital." As defined in section 802.1 of the act of July
19, 1979 (P.L.130, No.48), known as the Health Care Facilities
Act.
"Interfere with." To impede, obstruct or restrict a person's
freedom of movement.
"Intimidate." To intentionally, recklessly, knowingly or
negligently place a person in reasonable apprehension of
unwanted contact, bodily injury to himself or to another person
by force or threat of force.
"Physical obstruction." Rendering impassable ingress to or
egress from a clinic or rendering passage to or from such a
facility unreasonably difficult or hazardous.
"Physician." As defined in section 2 of the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act of
1985.
"Reproductive health services." Medical, surgical,
counseling or referral services related to the human
reproductive system, including services related to pregnancy or
the termination of a pregnancy.
Section 2. Title 42 is amended by adding a section to read:
§ 8309.1. Freedom of access to clinic entrances.
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(a) General rule.--A person aggrieved by another person who
commits an offense under 18 Pa.C.S. § 2718 (relating to
hindering access to clinic entrances) may bring a civil action
in a court of competent jurisdiction against the other person
for declaratory and injunctive relief and damages, including
temporary, preliminary or permanent injunctive relief and
compensatory and punitive damages related to the offense and may
recover costs, reasonable attorney fees and expert witness fees.
(b) Election of statutory damages.--In lieu of compensatory
damages under subsection (a), the person bringing the civil
action may elect, any time prior to final judgment, to recover
statutory damages in the amount of $10,000 per violation from
each person who committed the offense under 18 Pa.C.S. § 2718.
Section 3. This amendatory act shall be known and may be
cited as the Pennsylvania Freedom of Access to Clinic Entrances
Act.
Section 4. This act shall take effect in 60 days.
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