Text: S.636 — 103rd Congress (1993-1994)All Information (Except Text)

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[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 636 Enrolled Bill (ENR)]

<DOC>

        S.636

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To amend title 18, United States Code, to assure freedom of access to 
reproductive


                                services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom of Access to Clinic 
Entrances Act of 1994''.

SEC. 2. PURPOSE.

    Pursuant to the affirmative power of Congress to enact this 
legislation under section 8 of article I of the Constitution, as well 
as under section 5 of the fourteenth amendment to the Constitution, it 
is the purpose of this Act to protect and promote the public safety and 
health and activities affecting interstate commerce by establishing 
Federal criminal penalties and civil remedies for certain violent, 
threatening, obstructive and destructive conduct that is intended to 
injure, intimidate or interfere with persons seeking to obtain or 
provide reproductive health services.

SEC. 3. FREEDOM OF ACCESS TO CLINIC ENTRANCES.

    Chapter 13 of title 18, United States Code, is amended by adding at 
the end thereof the following new section:

``Sec. 248 Freedom of Access to Clinic Entrances.

    ``(a) Prohibited Activities._Whoever_
        ``(1) by force or threat of force or by physical obstruction, 
    intentionally injures, intimidates or interferes with or attempts 
    to injure, intimidate or interfere with any person because that 
    person is or has been, or in order to intimidate such person or any 
    other person or any class of persons from, obtaining or providing 
    reproductive health services;
        ``(2) by force or threat of force or by physical obstruction, 
    intentionally injures, intimidates or interferes with or attempts 
    to injure, intimidate or interfere with any person lawfully 
    exercising or seeking to exercise the First Amendment right of 
    religious freedom at a place of religious worship; or
        ``(3) intentionally damages or destroys the property of a 
    facility, or attempts to do so, because such facility provides 
    reproductive health services, or intentionally damages or destroys 
    the property of a place of religious worship,
shall be subject to the penalties provided in subsection (b) and the 
civil remedies provided in subsection (c), except that a parent or 
legal guardian of a minor shall not be subject to any penalties or 
civil remedies under this section for such activities insofar as they 
are directed exclusively at that minor.
    ``(b) Penalties._Whoever violates this section shall_
        ``(1) in the case of a first offense, be fined in accordance 
    with this title, or imprisoned not more than one year, or both; and
        ``(2) in the case of a second or subsequent offense after a 
    prior conviction under this section, be fined in accordance with 
    this title, or imprisoned not more than 3 years, or both;
except that for an offense involving exclusively a nonviolent physical 
obstruction, the fine shall be not more than $10,000 and the length of 
imprisonment shall be not more than six months, or both, for the first 
offense; and the fine shall be not more than $25,000 and the length of 
imprisonment shall be not more than 18 months, or both, for a 
subsequent offense; and except that if bodily injury results, the 
length of imprisonment shall be not more than 10 years, and if death 
results, it shall be for any term of years or for life.
    ``(c) Civil Remedies._
        ``(1) Right of action._
            ``(A) In general._Any person aggrieved by reason of the 
        conduct prohibited by subsection (a) may commence a civil 
        action for the relief set forth in subparagraph (B), except 
        that such an action may be brought under subsection (a)(1) only 
        by a person involved in providing or seeking to provide, or 
        obtaining or seeking to obtain, services in a facility that 
        provides reproductive health services, and such an action may 
        be brought under subsection (a)(2) only by a person lawfully 
        exercising or seeking to exercise the First Amendment right of 
        religious freedom at a place of religious worship or by the 
        entity that owns or operates such place of religious worship.
            ``(B) Relief._In any action under subparagraph (A), the 
        court may award appropriate relief, including temporary, 
        preliminary or permanent injunctive relief and compensatory and 
        punitive damages, as well as the costs of suit and reasonable 
        fees for attorneys and expert witnesses. With respect to 
        compensatory damages, the plaintiff may elect, at any time 
        prior to the rendering of final judgment, to recover, in lieu 
        of actual damages, an award of statutory damages in the amount 
        of $5,000 per violation.
        ``(2) Action by attorney general of the united states._
            ``(A) In general._If the Attorney General of the United 
        States has reasonable cause to believe that any person or group 
        of persons is being, has been, or may be injured by conduct 
        constituting a violation of this section, the Attorney General 
        may commence a civil action in any appropriate United States 
        District Court.
            ``(B) Relief._In any action under subparagraph (A), the 
        court may award appropriate relief, including temporary, 
        preliminary or permanent injunctive relief, and compensatory 
        damages to persons aggrieved as described in paragraph (1)(B). 
        The court, to vindicate the public interest, may also assess a 
        civil penalty against each respondent_
                ``(i) in an amount not exceeding $10,000 for a 
            nonviolent physical obstruction and $15,000 for other first 
            violations; and
                ``(ii) in an amount not exceeding $15,000 for a 
            nonviolent physical obstruction and $25,000 for any other 
            subsequent violation.
        ``(3) Actions by state attorneys general._
            ``(A) In general._If the Attorney General of a State has 
        reasonable cause to believe that any person or group of persons 
        is being, has been, or may be injured by conduct constituting a 
        violation of this section, such Attorney General may commence a 
        civil action in the name of such State, as parens patriae on 
        behalf of natural persons residing in such State, in any 
        appropriate United States District Court.
            ``(B) Relief._In any action under subparagraph (A), the 
        court may award appropriate relief, including temporary, 
        preliminary or permanent injunctive relief, compensatory 
        damages, and civil penalties as described in paragraph (2)(B).
    ``(d) Rules of Construction._Nothing in this section shall be 
construed_
        ``(1) to prohibit any expressive conduct (including peaceful 
    picketing or other peaceful demonstration) protected from legal 
    prohibition by the First Amendment to the Constitution;
        ``(2) to create new remedies for interference with activities 
    protected by the free speech or free exercise clauses of the First 
    Amendment to the Constitution, occurring outside a facility, 
    regardless of the point of view expressed, or to limit any existing 
    legal remedies for such interference;
        ``(3) to provide exclusive criminal penalties or civil remedies 
    with respect to the conduct prohibited by this section, or to 
    preempt State or local laws that may provide such penalties or 
    remedies; or
        ``(4) to interfere with the enforcement of State or local laws 
    regulating the performance of abortions or other reproductive 
    health services.
    ``(e) Definitions._As used in this section:
        ``(1) Facility._The term `facility' includes a hospital, 
    clinic, physician's office, or other facility that provides 
    reproductive health services, and includes the building or 
    structure in which the facility is located.
        ``(2) Interfere with._The term `interfere with' means to 
    restrict a person's freedom of movement.
        ``(3) Intimidate._The term `intimidate' means to place a person 
    in reasonable apprehension of bodily harm to him- or herself or to 
    another.
        ``(4) Physical obstruction._The term `physical obstruction' 
    means rendering impassable ingress to or egress from a facility 
    that provides reproductive health services or to or from a place of 
    religious worship, or rendering passage to or from such a facility 
    or place of religious worship unreasonably difficult or hazardous.
        ``(5) Reproductive health services._The term `reproductive 
    health services' means reproductive health services provided in a 
    hospital, clinic, physician's office, or other facility, and 
    includes medical, surgical, counselling or referral services 
    relating to the human reproductive system, including services 
    relating to pregnancy or the termination of a pregnancy.
        ``(6) State._The term `State' includes a State of the United 
    States, the District of Columbia, and any commonwealth, territory, 
    or possession of the United States.''.

SEC. 4. CLERICAL AMENDMENT.

    The table of sections at the beginning of chapter 13 of title 18, 
United States Code, is amended by adding at the end the following new 
item:

``248. Blocking access to reproductive health services.''.

SEC. 5. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any other person or circumstance shall not be affected 
thereby.

SEC. 6. EFFECTIVE DATE.

    This Act takes effect on the date of the enactment of this Act, and 
shall apply only with respect to conduct occurring on or after such 
date.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.