| 1 | 1 | | HOUSE BILL NO. 4133 A bill to prohibit certain conduct at or near a health facility and prescribe penalties; to provide remedies; and to provide for the powers and duties of certain state and local governmental officers and entities. the people of the state of michigan enact: Sec. 1. This act may be cited as the "access to health facilities act". Sec. 2. As used in this act: (a) "Health facility" means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or any other organized entity where a health care provider provides reproductive health services to patients. Health facility includes a pharmacy licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. Health facility includes the building or structure in which the facility is located. (b) "Interfere with" means to restrict an individual's freedom of movement. (c) "Intimidate" means to place an individual in reasonable apprehension of bodily harm to the individual's self or to another individual. (d) "Physical obstruction" means rendering impassable ingress to or egress from a health facility or rendering passage to or from a health facility unreasonably difficult or hazardous. (e) "Reproductive health services" means reproductive health services provided in a health facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. Sec. 3. (1) Subject to subsection (2), an individual who by force or threat of force, or by physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, an individual because that individual is or has been, or in order to intimidate an individual or any other individual or any class of individuals from, obtaining or providing reproductive health services, or who intentionally damages or destroys the property of a health facility, or attempts to do so, because a health facility provides reproductive health services, is guilty of a crime punishable as provided in this section. (2) A parent or legal guardian of a minor is not subject to any penalties under this section for the activities described under subsection (1) insofar as the activities are directed exclusively at the minor. (3) Except as otherwise provided in this section, an individual who violates subsection (1) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, a fine of not more than $10,000.00, or both. (4) An individual who violates subsection (1), and who has 1 or more previous convictions for violating subsection (1), is guilty of a felony, punishable by imprisonment for not more than 3 years, a fine of not more than $25,000.00, or both. (5) An individual who violates subsection (1) in a manner involving exclusively a nonviolent physical obstruction is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $10,000.00, or both. (6) An individual who violates subsection (1) in a manner involving exclusively a nonviolent physical obstruction and who has 1 or more previous convictions for violating subsection (1) in a manner involving exclusively a nonviolent physical obstruction is guilty of a felony, punishable by imprisonment for not more than 1 year and 6 months, a fine of not more than $25,000.00, or both. (7) An individual who violates subsection (1) resulting in bodily injury to another individual is guilty of a felony punishable by imprisonment for not more than 10 years. (8) An individual who violates subsection (1) resulting in the death of another individual is guilty of a felony punishable by imprisonment for life or any term of years. Sec. 5. (1) An individual or entity, or the individual's or entity's legal representative, aggrieved by a violation of section 3 may bring a civil action to enjoin the violation, for compensatory and punitive damages, for the costs of the action and reasonable fees for attorneys and expert witnesses, and any other appropriate remedy. With respect to compensatory damages, the plaintiff may elect, at any time before the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000.00, per violation. (2) The department of the attorney general, a prosecuting attorney, or an attorney for a local unit of government may bring a civil action to enjoin a violation of section 3, for compensatory damages to individuals aggrieved by the violation, for the assessment of a civil fine against each respondent, and any other appropriate remedy. A civil fine under this subsection must be imposed as follows: (a) For a violation under section 3(3), a civil fine not to exceed $10,000.00. (b) For a violation under section 3(4), a civil fine not to exceed $25,000.00. (c) For a violation under section 3(5), a civil fine not to exceed $10,000.00. (d) For a violation under section 3(6), a civil fine not to exceed $15,000.00. Sec. 7. This act does not do any of the following: (a) Prohibit any expressive conduct, including picketing or other demonstration, protected from legal prohibition under section 5 of article I of the state constitution of 1963 and the First Amendment to the Constitution of the United States. (b) Create new remedies for interference with activities protected under section 5 of article I of the state constitution of 1963 and the First Amendment to the Constitution of the United States occurring outside a health facility, regardless of the point of view expressed, or limit any existing legal remedies for such interference. (c) Preempt local ordinances that may provide penalties or remedies with regard to the conduct prohibited under this act. (d) Interfere with the enforcement of local ordinances regulating the performance of abortions or other reproductive health services. Enacting section 1. This act takes effect 90 days after the date it is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 4133 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to prohibit certain conduct at or near a health facility and prescribe penalties; to provide remedies; and to provide for the powers and duties of certain state and local governmental officers and entities. |
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| 28 | 28 | | |
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| 29 | 29 | | the people of the state of michigan enact: |
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| 30 | 30 | | |
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| 31 | 31 | | Sec. 1. This act may be cited as the "access to health facilities act". |
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| 32 | 32 | | |
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| 33 | 33 | | Sec. 2. As used in this act: |
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| 34 | 34 | | |
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| 35 | 35 | | (a) "Health facility" means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or any other organized entity where a health care provider provides reproductive health services to patients. Health facility includes a pharmacy licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. Health facility includes the building or structure in which the facility is located. |
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| 36 | 36 | | |
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| 37 | 37 | | (b) "Interfere with" means to restrict an individual's freedom of movement. |
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| 38 | 38 | | |
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| 39 | 39 | | (c) "Intimidate" means to place an individual in reasonable apprehension of bodily harm to the individual's self or to another individual. |
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| 40 | 40 | | |
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| 41 | 41 | | (d) "Physical obstruction" means rendering impassable ingress to or egress from a health facility or rendering passage to or from a health facility unreasonably difficult or hazardous. |
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| 42 | 42 | | |
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| 43 | 43 | | (e) "Reproductive health services" means reproductive health services provided in a health facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. |
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| 44 | 44 | | |
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| 45 | 45 | | Sec. 3. (1) Subject to subsection (2), an individual who by force or threat of force, or by physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, an individual because that individual is or has been, or in order to intimidate an individual or any other individual or any class of individuals from, obtaining or providing reproductive health services, or who intentionally damages or destroys the property of a health facility, or attempts to do so, because a health facility provides reproductive health services, is guilty of a crime punishable as provided in this section. |
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| 46 | 46 | | |
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| 47 | 47 | | (2) A parent or legal guardian of a minor is not subject to any penalties under this section for the activities described under subsection (1) insofar as the activities are directed exclusively at the minor. |
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| 48 | 48 | | |
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| 49 | 49 | | (3) Except as otherwise provided in this section, an individual who violates subsection (1) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, a fine of not more than $10,000.00, or both. |
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| 50 | 50 | | |
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| 51 | 51 | | (4) An individual who violates subsection (1), and who has 1 or more previous convictions for violating subsection (1), is guilty of a felony, punishable by imprisonment for not more than 3 years, a fine of not more than $25,000.00, or both. |
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| 52 | 52 | | |
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| 53 | 53 | | (5) An individual who violates subsection (1) in a manner involving exclusively a nonviolent physical obstruction is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $10,000.00, or both. |
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| 54 | 54 | | |
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| 55 | 55 | | (6) An individual who violates subsection (1) in a manner involving exclusively a nonviolent physical obstruction and who has 1 or more previous convictions for violating subsection (1) in a manner involving exclusively a nonviolent physical obstruction is guilty of a felony, punishable by imprisonment for not more than 1 year and 6 months, a fine of not more than $25,000.00, or both. |
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| 56 | 56 | | |
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| 57 | 57 | | (7) An individual who violates subsection (1) resulting in bodily injury to another individual is guilty of a felony punishable by imprisonment for not more than 10 years. |
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| 58 | 58 | | |
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| 59 | 59 | | (8) An individual who violates subsection (1) resulting in the death of another individual is guilty of a felony punishable by imprisonment for life or any term of years. |
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| 60 | 60 | | |
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| 61 | 61 | | Sec. 5. (1) An individual or entity, or the individual's or entity's legal representative, aggrieved by a violation of section 3 may bring a civil action to enjoin the violation, for compensatory and punitive damages, for the costs of the action and reasonable fees for attorneys and expert witnesses, and any other appropriate remedy. With respect to compensatory damages, the plaintiff may elect, at any time before the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000.00, per violation. |
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| 62 | 62 | | |
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| 63 | 63 | | (2) The department of the attorney general, a prosecuting attorney, or an attorney for a local unit of government may bring a civil action to enjoin a violation of section 3, for compensatory damages to individuals aggrieved by the violation, for the assessment of a civil fine against each respondent, and any other appropriate remedy. A civil fine under this subsection must be imposed as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | (a) For a violation under section 3(3), a civil fine not to exceed $10,000.00. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) For a violation under section 3(4), a civil fine not to exceed $25,000.00. |
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| 68 | 68 | | |
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| 69 | 69 | | (c) For a violation under section 3(5), a civil fine not to exceed $10,000.00. |
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| 70 | 70 | | |
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| 71 | 71 | | (d) For a violation under section 3(6), a civil fine not to exceed $15,000.00. |
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| 72 | 72 | | |
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| 73 | 73 | | Sec. 7. This act does not do any of the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (a) Prohibit any expressive conduct, including picketing or other demonstration, protected from legal prohibition under section 5 of article I of the state constitution of 1963 and the First Amendment to the Constitution of the United States. |
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| 76 | 76 | | |
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| 77 | 77 | | (b) Create new remedies for interference with activities protected under section 5 of article I of the state constitution of 1963 and the First Amendment to the Constitution of the United States occurring outside a health facility, regardless of the point of view expressed, or limit any existing legal remedies for such interference. |
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| 78 | 78 | | |
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| 79 | 79 | | (c) Preempt local ordinances that may provide penalties or remedies with regard to the conduct prohibited under this act. |
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| 80 | 80 | | |
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| 81 | 81 | | (d) Interfere with the enforcement of local ordinances regulating the performance of abortions or other reproductive health services. |
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| 82 | 82 | | |
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| 83 | 83 | | Enacting section 1. This act takes effect 90 days after the date it is enacted into law. |
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