Amendment ID: S2996-28

Amendment 28

Protecting Physical Access to Reproductive Health Care Facilities

Ms. Rausch, Ms. DiZoglio and Mr. Eldridge move that the proposed new text be amended by inserting, after section 32, the following new section:-

SECTION 32A. Section 120E1/2 of chapter 266 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subsection (a), in the definition of the term “impede”, by striking the words “to obstruct, block, detain or render passage impossible, unsafe or unreasonably difficult” and inserting in place thereof the following words:- (1) obstructing, blocking, detaining or rendering passage impossible, unsafe or unreasonably difficult; (2) making noise that unreasonably disturbs the peace within the facility; (3) trespassing on the facility or the common areas of the real property upon which the facility is located; (4) telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or (5) threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone or online account under his or her control to be used for such purpose;

and further amended in said subsection (a), in the definition of the term “reproductive health care facility”, by striking the words “, other than within or upon the grounds of a hospital,”;

and further amended in subsection (h) by striking the words “or (g)” and inserting in place thereof the following words:- “ (g), (l), (m), (n), or (o)”;

and further amended by inserting at the end thereof the following subsections:-

(l) No person shall come within eight feet of another person, unless the other person consents, for the purpose of passing written or printed materials, displaying a sign to, or engaging in oral protest, education, or counseling on a public way or sidewalk within a 100-foot radius from any entrance to a reproductive health care facility. A person who knowingly violates this subsection 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 more than $5,000 or not more than 2 ½ years in a jail or house of correction or by both such fine and imprisonment.

(m) A person who knowingly vandalizes or attempts to vandalize a reproductive 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 more than $5,000 or not more than 2 ½ years in a jail or house of correction or by both such fine and imprisonment.

(n) A person who knowingly releases a substance that produces noxious odors on or near the premises of a reproductive 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 more than $5,000 or not more than 2 ½ years in a jail or house of correction or by both such fine and imprisonment.

(o) A person who knowingly possesses a weapon while impeding or attempting to impede access to a reproductive health care facility or who is in violation of subsection (l) of this section 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 more than $5,000 or not more than 2 ½ years in a jail or house of correction or by both such fine and imprisonment.