SF 1605

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 09:07am

A bill for an act
relating to public safety; prohibiting persons from interfering with access to
reproductive health services and facilities; establishing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.7497] INTERFERENCE WITH ACCESS TO REPRODUCTIVE
HEALTH SERVICES AND FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Interfere with" means to restrict a person's freedom of movement.
new text end

new text begin (c) "Intimidate" means to cause fear in another of immediate bodily harm to that person
or another person.
new text end

new text begin (d) "Nonviolent" means conduct that does not constitute a violent crime.
new text end

new text begin (e) "Physical obstruction" means making entrance to or exit from a reproductive health
services facility impassable to another person, or making entrance to or exit from a
reproductive health services facility unreasonably difficult or hazardous to another person.
new text end

new text begin (f) "Reproductive health services" means medical, surgical, counseling, or referral
services related to the human reproductive system, including services related to pregnancy
or the termination of a pregnancy. Reproductive health services may be provided in a hospital
licensed under chapter 144, clinic, physician's office, or other health care facility.
new text end

new text begin (g) "Reproductive health services client, provider, or assistant" means a person or entity
involved in obtaining, providing, seeking to obtain or provide, or assisting or seeking to
assist another person at that other person's request to obtain or provide any services in a
reproductive health services facility. This term includes a person or entity involved in
owning, operating, or seeking to own or operate a reproductive health services facility.
new text end

new text begin (h) "Reproductive health services facility" means a hospital licensed under chapter 144,
clinic, physician's office, or other health care facility that provides or seeks to provide
reproductive health services. Reproductive health services facility includes the building or
structure in which the facility is located.
new text end

new text begin (i) "Violent crime" has the meaning given in section 611A.08, subdivision 6, and also
includes the offense in section 609.224.
new text end

new text begin Subd. 2. new text end

new text begin Injury, intimidation, interference prohibited. new text end

new text begin (a) A person who by force,
threat of force, or physical obstruction intentionally injures, intimidates, or interferes with
a person or entity because the person or entity is a reproductive health services client,
provider, or assistant, or in order to intimidate a person, entity, or class of persons or entities
from becoming or remaining a reproductive health services client, provider, or assistant, is
guilty of a gross misdemeanor.
new text end

new text begin (b) A person who, by nonviolent physical obstruction, intentionally injures, intimidates,
or interferes with any person or entity because that person or entity is a reproductive health
services client, provider, or assistant, or in order to intimidate a person, entity, or class of
persons or entities from becoming or remaining a reproductive health services client, provider,
or assistant, is guilty of a gross misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Damage to property. new text end

new text begin A person who intentionally causes damage to the property
of a person, entity, or facility because the person, entity, or facility is a reproductive health
services client, provider, or assistant or a reproductive health services facility, is guilty of
a misdemeanor.
new text end

new text begin Subd. 4. new text end

new text begin Use of telephone to disrupt facility. new text end

new text begin A person who telephones or knowingly
permits a telephone under the person's control to be used to telephone a reproductive health
services facility to intentionally disrupt the normal functioning of a reproductive health
services facility is guilty of a gross misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Obstructing access prohibited. new text end

new text begin A person who intentionally impedes or
interferes with the operation of a motor vehicle that attempts to enter, exit, or park at a
reproductive health services facility is guilty of a gross misdemeanor.
new text end

new text begin Subd. 6. new text end

new text begin Investigation. new text end

new text begin A presentence investigation must be conducted and a report
submitted to the court by the corrections agency responsible for conducting the investigation
when a defendant is convicted of an offense described in subdivision 2, 3, 4, or 5. The report
must include prior convictions for violations of the federal Freedom of Access to Clinic
Entrances Act, United States Code, title 18, section 248.
new text end

new text begin Subd. 7. new text end

new text begin Restraining order. new text end

new text begin The following individuals may use the procedures in section
609.748 to seek a restraining order against a party to a civil or criminal proceeding related
to a violation of subdivision 2, 3, 4, or 5:
new text end

new text begin (1) a reproductive health services client, provider, or assistant who is a party or witness
in the proceeding; or
new text end

new text begin (2) a person who is a victim of an act prohibited by subdivision 2, paragraph (a); 3; or
5.
new text end

new text begin Subd. 8. new text end

new text begin Construction. new text end

new text begin Nothing in this section shall be construed to:
new text end

new text begin (1) impair any constitutionally protected activity or activity protected by other law;
new text end

new text begin (2) provide exclusive civil remedies or criminal penalties, preempt any local unit of
government from enacting a law to provide a remedy for the commission of any act prohibited
by this section, or establish criminal penalties for any act prohibited by this section; or
new text end

new text begin (3) interfere with the enforcement of any law regulating termination of pregnancies or
the provision of other reproductive health services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end