PRINTER'S NO. 642
No. 607 Session of 1999
INTRODUCED BY SCHWARTZ, MARCH 17, 1999
REFERRED TO JUDICIARY, MARCH 17, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offenses of
3 preventing passage to or from a health care facility and
4 engaging in prohibited activity near a health care facility;
5 and providing for civil damages.
6 The General Assembly finds and declares as follows:
7 Access to health care facilities for the purpose of obtaining
8 medical counseling and treatment is imperative for the citizens
9 of this Commonwealth. The exercise of a person's right to
10 protest or counsel against certain medical procedures must be
11 balanced against another person's right to obtain medical
12 counseling and treatment in an unobstructed manner. Preventing
13 the willful obstruction of a person's access to medical
14 counseling and treatment at a health care facility is a matter
15 of Statewide concern. Therefore, it is appropriate to enact
16 legislation that prohibits a person from knowingly obstructing
17 another person's entry to or exit from a health care facility.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
1 Section 1. Title 18 of the Pennsylvania Consolidated
2 Statutes is amended by adding a section to read:
3 § 5518. Obstructing access to and prohibited activity near
4 health care facilities.
5 (a) Obstructing health care facilities.--A person who
6 knowingly obstructs, detains, hinders, impedes or blocks another
7 person's entry to or exit from a health care facility commits a
8 misdemeanor of the third degree.
9 (b) Prohibited activity in vicinity of health care
10 facility.--A person who knowingly approaches within eight feet
11 of another person without that person's consent for the purpose
12 of passing a leaflet or handbill or displaying a sign to that
13 person or engaging in oral protest, education or counseling with
14 that person in the public way or sidewalk area within a radius
15 of 100 feet from any entrance door to a health care facility
16 commits a misdemeanor of the third degree.
17 (c) Civil damages for preventing passage to and from a
18 health care facility and engaging in prohibited activity near
19 facility.--
20 (1) A person is entitled to recover damages and to
21 obtain injunctive relief from any other person who commits or
22 incites others to commit an offense under subsection (a) or
23 (b).
24 (2) A conviction under subsection (a) or (b) shall not
25 be a condition precedent to maintaining a civil action under
26 this subsection.
27 (d) Local ordinances and resolutions.--Nothing in this
28 section shall be construed to prohibit a municipality from
29 adopting an ordinance or resolution for the control of access to
30 health care facilities that is no less restrictive than the
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1 provisions of this section.
2 (e) Definition.--As used in this section, "health care
3 facility" means any entity that is licensed or otherwise
4 authorized or permitted by law to administer medical treatment
5 in this Commonwealth.
6 Section 2. This act shall take effect in 60 days.
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