I
103D CONGRESS
1ST SESSION
H. R. 796
To assure freedom of access to clinic entrances.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1993
Mr. SCHUMER (for himself and Mrs. MORELLA) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To assure freedom of access to clinic entrances.
Be it enacted by the Senate and House of Representa-
tives 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 1993’’.
SEC. 2. TITLE 18 AMENDMENT.
(a) SUBSTANTIVE AMENDMENT.—Chapter 13 of title
18, United States Code, is amended by adding at the end
the following:
‘‘§ 248. Blocking access to clinic entrances
‘‘(a) Whoever, with intent to prevent or discourage
any person from obtaining reproductive health services, in-
tentionally and physically obstructs, hinders, or impedes
the ingress or egress of another to a medical facility that
affects interstate commerce, or to the structure or place
in which the medical facility is located, shall be subject
to the penalties provided in subsection (b) of this section
and the civil remedy provided in subsection (c) of this sec-
tion.
‘‘(b) The penalty for an offense under subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for not more than one year, in the case of
a first conviction under this section; and
‘‘(2) for not more than three years, in the case
of an offender who has been convicted of a previous
offense under this section;
or both such fine and imprisonment.
‘‘(c)(1) A qualified plaintiff may in a civil action ob-
tain appropriate relief with respect to any violation of sub-
section (a) of this section.
‘‘(2) As used in this subsection, a ‘qualified plaintiff’
with respect to a violation is—
‘‘(A) the person whose ingress or egress is or
is about to be obstructed, hindered, or impeded;
‘‘(B) a person whose obtaining reproductive
services is intended to be prevented or discouraged;
‘‘(C) the medical facility, or any of its medical
or administrative staff; or
‘‘(D) the owner of the structure or place in
which the medical facility is located.
‘‘(3) Appropriate relief in an action under this sub-
section does not include punitive damages but does in-
clude—
‘‘(A) treble the actual damages (and any such
damages may include an award for pain and suffer-
ing and emotional distress), or damages in the
amount of $5,000, whichever is greater ; and
‘‘(B) any appropriate declaratory or injunctive
or other equitable relief.
‘‘(4) The court may award to the prevailing party a
reasonable attorney’s fee and other litigation expenses as
a part of the costs in an action under this subsection.
‘‘(d) This section does not prohibit—
‘‘(1) any expressive conduct protected by the
first article of amendment to the Constitution from
legal prohibition;
‘‘(2) conduct by a party to a labor dispute in
furtherance of labor or management objectives in
that dispute; or
‘‘(3) conduct—
‘‘(A) in the course of official duty by a
government official;
‘‘(B) by agents of public utilities carrying
out that agency; or
‘‘(C) by agents of the medical facility, or
the building in which it is located, carrying out
that agency.
‘‘(e) Congress does not intend this section to provide
the exclusive remedies with respect to the conduct prohib-
ited by it, nor to preempt the legislation of the States that
may provide such remedies.
‘‘(f) As used in this section, the term ‘reproductive
health services’ includes medical, surgical, or counselling
services relating to the human reproductive system.’’.
(b) 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 clinic entrances.’’.
Æ