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 legislation prohibits certain obstructive and intimidating behaviors at health facilities, particularly those offering reproductive services, establishes penalties for violations, allows for civil actions, and respects constitutional rights and local ordinances, taking effect 90 days post-enactment.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported with substitute S-2
Referred to the Committee of the Whole
Reported with substitute S-2
Substitute S-2 concurred in by voice vote
1. Amend page 1, line 1, after “to” by inserting “places of worship and”.
2. Amend page 2, line 10, after “a” by inserting “place of religious worship or a”.
3. Amend page 2, line 11, after “a” by inserting “place of religious worship or a”.
4. Amend page 2, line 23, after the second “or” by inserting “entering, remaining in, or leaving a place of religious worship, or”
5. Amend page 2, line 24, after “facility” by inserting “or place of religious worship”.
6. Amend page 2, line 26, after “services” by inserting “or because a place of religious worship is a place of religious worship”.
7. Amend page 5, line 1, after “a” by inserting “place of religious worship or a”.
The amendment failed by voice vote
1. Amend page 2, line 6, after “means” by striking out the balance of the subdivision and inserting a colon and:
“(i) Except as provided in subparagraph (ii) and subject to subparagraph (iii), to knowingly and intentionally engage in conduct that would place a reasonable individual in fear of imminent bodily harm to the individual’s self or to another individual, so long as such fear is objectively reasonable under the circumstances.
(ii) Mere presence, verbal expression, or conduct protected under section 5 of article I of the state constitution of 1963 and the First Amendment to the Constitution of the United States does not, without more, constitute intimidation.
(iii) This subsection must not be construed to prohibit constitutionally protected activity, including peaceful picketing or other expressive conduct, unless such activity is undertaken with the specific intent to place another individual in fear of imminent bodily harm.”.
The amendment failed by voice vote
Passed in the Senate 19 to 17 (details)
Referred to the Committee on Government Operations