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                                                      PRINTER'S NO. 1308

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1072 Session of 2007


        INTRODUCED BY SOLOBAY, BARRAR, BENNINGHOFF, BENNINGTON,
           CALTAGIRONE, CARROLL, CURRY, FABRIZIO, FREEMAN, GEORGE,
           GIBBONS, HENNESSEY, HERSHEY, JAMES, KOTIK, LEACH, MAHONEY,
           MANDERINO, MANN, MUNDY, MURT, MYERS, M. O'BRIEN, PAYNE,
           PETRARCA, QUINN, RUBLEY, SANTONI, SCHRODER, K. SMITH, SURRA,
           J. WHITE, YOUNGBLOOD, CONKLIN AND KORTZ, APRIL 18, 2007

        REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 18, 2007

                                     AN ACT

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

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


     1  expenses, which all have positive societal effects; and
     2     WHEREAS, The Pennsylvania Supplemental Food Program for
     3  Women, Infants, and Children (WIC) promotes breastfeeding
     4  education and support; and
     5     WHEREAS, Legislation to clarify the right to breastfeed is
     6  necessary to promote breastfeeding and remove any stumbling
     7  block from influencing a mother's decision to breastfeed or
     8  continue breastfeeding.
     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  This act shall be known and may be cited as the
    12  Right to Breastfeed Act.
    13  Section 2.  Declaration of policy.
    14     The General Assembly finds that breastfeeding a baby is an
    15  important and basic act of nurturing that must be protected in
    16  the interests of maternal and child health and family values.
    17  Section 3.  Right to breastfeed.
    18     A mother has a right to breastfeed her child in any location,
    19  public or private, where the mother and child are otherwise
    20  authorized to be present, irrespective of whether or not the
    21  mother's breast is covered during or incidental to the
    22  breastfeeding.
    23  Section 4.  Prohibition on local ordinances.
    24     A unit of local government may not prohibit breastfeeding in
    25  public by local ordinance.
    26  Section 5.  Breastfeeding not a criminal offense.
    27     The act of breastfeeding between a mother and her child may
    28  not be considered:
    29         (1)  Indecent exposure as defined in 18 Pa.C.S. § 3127
    30     (relating to indecent exposure).
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     1         (2)  Obscenity or sexual conduct as defined in 18 Pa.C.S.
     2     § 5903 (relating to obscene and other sexual materials and
     3     performances).
     4         (3)  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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