FT 17.06 Freedom of Access to Health Care Facilities Act (Statute)

[Anna Komnene]

A BILL
To promote public safety and protect access to health care facilities

Be it enacted by the Parliament of Frémont assembled;

Section 1. Title

This legislation may be cited as the Freedom of Access to Health Care Facilities Act.

Section 2. Dispersal of gatherings that impede access to or departure from an entrance to a driveway to a health care facility

1. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Driveway”, an entry from a public street to a public or private parking area used by a health care facility.

“Entrance”, a door to a health care facility that directly abuts the public sidewalk; provided, however, that if the door does not directly abut the public sidewalk, the “entrance” shall be the point at which the public sidewalk intersects with a pathway leading to the door.

“Gathering”, 2 or more individuals.

“Impede”, to obstruct, block, detain or render passage impossible, unsafe or unreasonably difficult.

“Law enforcement official”, a duly authorized member of a law enforcement agency, including a member of a municipal, metropolitan or state police department, sheriffs or deputy sheriffs.

“Health care facility”, a place, other than within or upon the grounds of a hospital, where medical procedures, including reproductive health care, are offered or performed including, but not limited to, the building, grounds and driveway of the facility and a parking lot in which the facility has an ownership or leasehold interest.

(b) A law enforcement official may order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or a driveway to a health care facility. A dispersal order issued pursuant to this section shall include the following statements:

(i) the gathering has substantially impeded access to or departure from the health care facility;

(ii) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility;

and (iii) the order shall remain in place for 8 hours or until the close of business of the health facility, whichever is earlier. This subsection shall apply during the business hours of a health care facility. This subsection shall also apply only if the 25-foot boundary is clearly marked and subsections (a) through (c), inclusive, of this section are posted outside of the health care facility.

(c) A person who fails to comply with a dispersal order pursuant to subsection (b) shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $500 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(d) A person who, by force, physical act or threat of force, intentionally injures or intimidates or attempts to injure or intimidate a person who attempts to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $2,000 or not more than 1 year in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $10,000 nor more than $50,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in a state prison or by both such fine and imprisonment. For the purpose of this subsection, “intimidate” shall mean to place a person in reasonable apprehension of bodily harm to that person or another.

(e) A person who impedes a person’s access to or departure from a health care facility with the intent to interfere with that person’s ability to provide, support the provision of or obtain services at the health care facility shall be punished, for the first offense, by a fine of not more than $1,000 or not more than 6 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $5,000 nor more than $25,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in the state prison or by both such fine and imprisonment.

(f) A person who knowingly impedes or attempts to impede a person or a vehicle attempting to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(g) A person who recklessly interferes with the operation of a vehicle that attempts to enter, exit or park at a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(h) A person who fails to comply with a dispersal order pursuant to said subsection (b) or who violates subsections (c), (d), (e), (f) or (g) may be arrested without a warrant by a law enforcement official.

(i) If a person or entity fails to comply with a dispersal order pursuant to subsection (b) or violates subsections (c), (d), (e), (f) or (g), an aggrieved person or entity or the attorney general or both may commence a civil action. The civil action shall be commenced either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person or entity complained of resides or has a principal place of business.

(j) In an action pursuant to subsection (i), a court may award as remedies: (1) temporary, preliminary and permanent injunctive relief; (2) compensatory and punitive damages; and (3) costs, attorneys’ fees and expert witness fees. In an action brought by the attorney general pursuant to subsection (i), the court may also award civil penalties against each defendant in an amount not exceeding: (A) $10,000 for a nonviolent violation and $15,000 for other first violations; and (B) $15,000 for a subsequent nonviolent violation and $25,000 for any other subsequent violation.

Section 3. Effectiveness

This act is effective starting January 1st, 2021.

Sponsor: Scott

The floor is open for a minimum 72 hours of debate.

The gentleman from Wyoming is recognized!

[The world will shine with light in our nightmare]

Guaranteeing easy and safe access to health care facilities, regardless of their practice, is essential to recognizing health care as a human right. While the Bill of Rights and the Constitution of our Commonwealth guarantees freedom of speech and assembly, these rights cannot be used to infringe on the wellbeing of others.

Now the legalese in this bill is taken from Massachusetts' 'buffer zone law' with one key difference: this bill insulates all health care centers, including those that provide reproductive healthcare, from protests that are intended to provoke, intimidate, or block patients and staff from entering and exiting these facilities. Protestors, be they pro-life groups or people fighting for criminal justice reform and anti-racist causes, must respect the autonomy of those seeking or working in health care, especially given the often time-sensitive nature of these matters.

This is a common-sense measure that serves the needs of people on both sides of the abortion debate. By passing this bill, we are taking a consistent stand in favor of safety and access to care.

[OBD]

This looks good. As long as local law enforcement agencies can't fiddle with the definition of 'health care facility' to potentially suppress protests, I'll support this bill.

[Anna Komnene]

I know someone who experienced harassment like this and it was really heartbreaking that people would do that to someone. When people go to seek medical care, they are at their most vulnerable, mentally and physically. Easy access to medical care without fear should definitely be protected.

I'm mainly just wondering how people feel about some of the jail time. I think D and E are pretty heinous crimes deserving of jail. Less sure about F and G. A little uncomfortable sending someone to jail over C. I wonder if some of the jail sentences might be reduced or replaced with community service? Or maybe just add community service as an option for first time offenders?

[OBD]

I know someone who experienced harassment like this and it was really heartbreaking that people would do that to someone. When people go to seek medical care, they are at their most vulnerable, mentally and physically. Easy access to medical care without fear should definitely be protected.

I'm mainly just wondering how people feel about some of the jail time. I think D and E are pretty heinous crimes deserving of jail. Less sure about F and G. A little uncomfortable sending someone to jail over C. I wonder if some of the jail sentences might be reduced or replaced with community service? Or maybe just add community service as an option for first time offenders?

Now that you bring it up, I'd be open to reducing the penalty for C. However, I think D, E, F, and G are all pretty serious crimes, and should be treated accordingly.

[The world will shine with light in our nightmare]

I'd be willing to reduce the penalties for C, for starters.

(c) A person who fails to comply with a dispersal order pursuant to subsection (b) shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $500 nor more than $5,000 $2,000 or not more than 2½ years six months in a jail or house of correction or by both such fine and imprisonment.

[Anna Komnene]

I like that amendment.

24 hours for objections, etc.

[The world will shine with light in our nightmare]

I call for a final vote on the amended bill.

[Anna Komnene]

With no objections, we'll now have a final vote on this bill. Members please for AYE, NAY, or ABSTAIN.

A BILL
To promote public safety and protect access to health care facilities

Be it enacted by the Parliament of Frémont assembled;

Section 1. Title

This legislation may be cited as the Freedom of Access to Health Care Facilities Act.

Section 2. Dispersal of gatherings that impede access to or departure from an entrance to a driveway to a health care facility

1. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Driveway”, an entry from a public street to a public or private parking area used by a health care facility.

“Entrance”, a door to a health care facility that directly abuts the public sidewalk; provided, however, that if the door does not directly abut the public sidewalk, the “entrance” shall be the point at which the public sidewalk intersects with a pathway leading to the door.

“Gathering”, 2 or more individuals.

“Impede”, to obstruct, block, detain or render passage impossible, unsafe or unreasonably difficult.

“Law enforcement official”, a duly authorized member of a law enforcement agency, including a member of a municipal, metropolitan or state police department, sheriffs or deputy sheriffs.

“Health care facility”, a place, other than within or upon the grounds of a hospital, where medical procedures, including reproductive health care, are offered or performed including, but not limited to, the building, grounds and driveway of the facility and a parking lot in which the facility has an ownership or leasehold interest.

(b) A law enforcement official may order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or a driveway to a health care facility. A dispersal order issued pursuant to this section shall include the following statements:

(i) the gathering has substantially impeded access to or departure from the health care facility;

(ii) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility;

and (iii) the order shall remain in place for 8 hours or until the close of business of the health facility, whichever is earlier. This subsection shall apply during the business hours of a health care facility. This subsection shall also apply only if the 25-foot boundary is clearly marked and subsections (a) through (c), inclusive, of this section are posted outside of the health care facility.

(c) A person who fails to comply with a dispersal order pursuant to subsection (b) shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $500 nor more than $2,000 or not more than six months in a jail or house of correction or by both such fine and imprisonment.

(d) A person who, by force, physical act or threat of force, intentionally injures or intimidates or attempts to injure or intimidate a person who attempts to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $2,000 or not more than 1 year in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $10,000 nor more than $50,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in a state prison or by both such fine and imprisonment. For the purpose of this subsection, “intimidate” shall mean to place a person in reasonable apprehension of bodily harm to that person or another.

(e) A person who impedes a person’s access to or departure from a health care facility with the intent to interfere with that person’s ability to provide, support the provision of or obtain services at the health care facility shall be punished, for the first offense, by a fine of not more than $1,000 or not more than 6 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $5,000 nor more than $25,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in the state prison or by both such fine and imprisonment.

(f) A person who knowingly impedes or attempts to impede a person or a vehicle attempting to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(g) A person who recklessly interferes with the operation of a vehicle that attempts to enter, exit or park at a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(h) A person who fails to comply with a dispersal order pursuant to said subsection (b) or who violates subsections (c), (d), (e), (f) or (g) may be arrested without a warrant by a law enforcement official.

(i) If a person or entity fails to comply with a dispersal order pursuant to subsection (b) or violates subsections (c), (d), (e), (f) or (g), an aggrieved person or entity or the attorney general or both may commence a civil action. The civil action shall be commenced either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person or entity complained of resides or has a principal place of business.

(j) In an action pursuant to subsection (i), a court may award as remedies: (1) temporary, preliminary and permanent injunctive relief; (2) compensatory and punitive damages; and (3) costs, attorneys’ fees and expert witness fees. In an action brought by the attorney general pursuant to subsection (i), the court may also award civil penalties against each defendant in an amount not exceeding: (A) $10,000 for a nonviolent violation and $15,000 for other first violations; and (B) $15,000 for a subsequent nonviolent violation and $25,000 for any other subsequent violation.

Section 3. Effectiveness

This act is effective starting January 1st, 2021.

[Anna Komnene]

Aye

[Unconditional Surrender Truman]

Aye.

[OBD]

Aye

[Saint Milei]

Aye

[The world will shine with light in our nightmare]

Aye

[Anna Komnene]

With 5 votes in favor, this bill passes the Frémont Parliament. It now awaits the First Minister's action.

A BILL
To promote public safety and protect access to health care facilities

Be it enacted by the Parliament of Frémont assembled;

Section 1. Title

This legislation may be cited as the Freedom of Access to Health Care Facilities Act.

Section 2. Dispersal of gatherings that impede access to or departure from an entrance to a driveway to a health care facility

1. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Driveway”, an entry from a public street to a public or private parking area used by a health care facility.

“Entrance”, a door to a health care facility that directly abuts the public sidewalk; provided, however, that if the door does not directly abut the public sidewalk, the “entrance” shall be the point at which the public sidewalk intersects with a pathway leading to the door.

“Gathering”, 2 or more individuals.

“Impede”, to obstruct, block, detain or render passage impossible, unsafe or unreasonably difficult.

“Law enforcement official”, a duly authorized member of a law enforcement agency, including a member of a municipal, metropolitan or state police department, sheriffs or deputy sheriffs.

“Health care facility”, a place, other than within or upon the grounds of a hospital, where medical procedures, including reproductive health care, are offered or performed including, but not limited to, the building, grounds and driveway of the facility and a parking lot in which the facility has an ownership or leasehold interest.

(b) A law enforcement official may order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or a driveway to a health care facility. A dispersal order issued pursuant to this section shall include the following statements:

(i) the gathering has substantially impeded access to or departure from the health care facility;

(ii) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility;

and (iii) the order shall remain in place for 8 hours or until the close of business of the health facility, whichever is earlier. This subsection shall apply during the business hours of a health care facility. This subsection shall also apply only if the 25-foot boundary is clearly marked and subsections (a) through (c), inclusive, of this section are posted outside of the health care facility.

(c) A person who fails to comply with a dispersal order pursuant to subsection (b) shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $500 nor more than $2,000 or not more than six months in a jail or house of correction or by both such fine and imprisonment.

(d) A person who, by force, physical act or threat of force, intentionally injures or intimidates or attempts to injure or intimidate a person who attempts to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $2,000 or not more than 1 year in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $10,000 nor more than $50,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in a state prison or by both such fine and imprisonment. For the purpose of this subsection, “intimidate” shall mean to place a person in reasonable apprehension of bodily harm to that person or another.

(e) A person who impedes a person’s access to or departure from a health care facility with the intent to interfere with that person’s ability to provide, support the provision of or obtain services at the health care facility shall be punished, for the first offense, by a fine of not more than $1,000 or not more than 6 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $5,000 nor more than $25,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in the state prison or by both such fine and imprisonment.

(f) A person who knowingly impedes or attempts to impede a person or a vehicle attempting to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(g) A person who recklessly interferes with the operation of a vehicle that attempts to enter, exit or park at a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(h) A person who fails to comply with a dispersal order pursuant to said subsection (b) or who violates subsections (c), (d), (e), (f) or (g) may be arrested without a warrant by a law enforcement official.

(i) If a person or entity fails to comply with a dispersal order pursuant to subsection (b) or violates subsections (c), (d), (e), (f) or (g), an aggrieved person or entity or the attorney general or both may commence a civil action. The civil action shall be commenced either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person or entity complained of resides or has a principal place of business.

(j) In an action pursuant to subsection (i), a court may award as remedies: (1) temporary, preliminary and permanent injunctive relief; (2) compensatory and punitive damages; and (3) costs, attorneys’ fees and expert witness fees. In an action brought by the attorney general pursuant to subsection (i), the court may also award civil penalties against each defendant in an amount not exceeding: (A) $10,000 for a nonviolent violation and $15,000 for other first violations; and (B) $15,000 for a subsequent nonviolent violation and $25,000 for any other subsequent violation.

Section 3. Effectiveness

This act is effective starting January 1st, 2021.

Frémont House of Commons
Passed 5-0-0 in the Frémont Parliament Assembled,

[Unconditional Surrender Truman]

A BILL
To promote public safety and protect access to health care facilities

Be it enacted by the Parliament of Frémont assembled;

Section 1. Title

This legislation may be cited as the Freedom of Access to Health Care Facilities Act.

Section 2. Dispersal of gatherings that impede access to or departure from an entrance to a driveway to a health care facility

1. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Driveway”, an entry from a public street to a public or private parking area used by a health care facility.

“Entrance”, a door to a health care facility that directly abuts the public sidewalk; provided, however, that if the door does not directly abut the public sidewalk, the “entrance” shall be the point at which the public sidewalk intersects with a pathway leading to the door.

“Gathering”, 2 or more individuals.

“Impede”, to obstruct, block, detain or render passage impossible, unsafe or unreasonably difficult.

“Law enforcement official”, a duly authorized member of a law enforcement agency, including a member of a municipal, metropolitan or state police department, sheriffs or deputy sheriffs.

“Health care facility”, a place, other than within or upon the grounds of a hospital, where medical procedures, including reproductive health care, are offered or performed including, but not limited to, the building, grounds and driveway of the facility and a parking lot in which the facility has an ownership or leasehold interest.

(b) A law enforcement official may order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or a driveway to a health care facility. A dispersal order issued pursuant to this section shall include the following statements:

(i) the gathering has substantially impeded access to or departure from the health care facility;

(ii) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility;

and (iii) the order shall remain in place for 8 hours or until the close of business of the health facility, whichever is earlier. This subsection shall apply during the business hours of a health care facility. This subsection shall also apply only if the 25-foot boundary is clearly marked and subsections (a) through (c), inclusive, of this section are posted outside of the health care facility.

(c) A person who fails to comply with a dispersal order pursuant to subsection (b) shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $500 nor more than $2,000 or not more than six months in a jail or house of correction or by both such fine and imprisonment.

(d) A person who, by force, physical act or threat of force, intentionally injures or intimidates or attempts to injure or intimidate a person who attempts to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $2,000 or not more than 1 year in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $10,000 nor more than $50,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in a state prison or by both such fine and imprisonment. For the purpose of this subsection, “intimidate” shall mean to place a person in reasonable apprehension of bodily harm to that person or another.

(e) A person who impedes a person’s access to or departure from a health care facility with the intent to interfere with that person’s ability to provide, support the provision of or obtain services at the health care facility shall be punished, for the first offense, by a fine of not more than $1,000 or not more than 6 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $5,000 nor more than $25,000 or not more than 2½ years in a jail or house of correction or not more than 5 years in the state prison or by both such fine and imprisonment.

(f) A person who knowingly impedes or attempts to impede a person or a vehicle attempting to access or depart from a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(g) A person who recklessly interferes with the operation of a vehicle that attempts to enter, exit or park at a health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than 3 months in a jail or house of correction or by both such fine and imprisonment and, for each subsequent offense, by a fine of not less than $1,000 nor more than $5,000 or not more than 2½ years in a jail or house of correction or by both such fine and imprisonment.

(h) A person who fails to comply with a dispersal order pursuant to said subsection (b) or who violates subsections (c), (d), (e), (f) or (g) may be arrested without a warrant by a law enforcement official.

(i) If a person or entity fails to comply with a dispersal order pursuant to subsection (b) or violates subsections (c), (d), (e), (f) or (g), an aggrieved person or entity or the attorney general or both may commence a civil action. The civil action shall be commenced either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person or entity complained of resides or has a principal place of business.

(j) In an action pursuant to subsection (i), a court may award as remedies: (1) temporary, preliminary and permanent injunctive relief; (2) compensatory and punitive damages; and (3) costs, attorneys’ fees and expert witness fees. In an action brought by the attorney general pursuant to subsection (i), the court may also award civil penalties against each defendant in an amount not exceeding: (A) $10,000 for a nonviolent violation and $15,000 for other first violations; and (B) $15,000 for a subsequent nonviolent violation and $25,000 for any other subsequent violation.

Section 3. Effectiveness

This act is effective starting January 1st, 2021.

Frémont House of Commons
Passed 5-0-0 in the Frémont Parliament Assembled,