language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 284-S.F.No. 1046 An act relating to crimes; prohibiting persons from interfering with access to health care; prescribing penalties; authorizing civil and equitable remedies; amending Minnesota Statutes 1992, section 488A.101; proposing coding for new law in Minnesota Statutes, chapter 609. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 488A.101, is amended to read: 488A.101 [COUNTY ATTORNEY AS PROSECUTOR, NOTICE TO COUNTY.] A municipality or other subdivision of government seeking to use the county attorney for violations enumerated in section 488A.10, subdivision 11 shall notify the county board of its intention to use the services of the county attorney at least 60 days prior to the adoption of the board's annual budget each year. A municipality may enter into an agreement with the county board and the county attorney to provide prosecution services for any criminal offense on a case-by-case basis. Sec. 2. [609.7495] [PHYSICAL INTERFERENCE WITH SAFE ACCESS TO HEALTH CARE.] Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms have the meanings given them. (a) "Facility" means any of the following: (1) a hospital or other health institution licensed under sections 144.50 to 144.56; (2) a medical facility as defined in section 144.561; (3) an agency, clinic, or office operated under the direction of or under contract with the commissioner of health or a community health board, as defined in section 145A.02; (4) a facility providing counseling regarding options for medical services or recovery from an addiction; (5) a facility providing emergency shelter services for battered women, as defined in section 611A.31, subdivision 3, or a facility providing transitional housing for battered women and their children; (6) a residential care home or home as defined in section 144B.01, subdivision 5; (7) a facility as defined in section 626.556, subdivision 2, paragraph (f); (8) a facility as defined in section 626.557, subdivision 2, paragraph (a), where the services described in that paragraph are provided; (9) a place to or from which ambulance service, as defined in section 144.801, is provided or sought to be provided; and (10) a hospice program licensed under section 144A.48. (b) "Aggrieved party" means a person whose access to or egress from a facility is obstructed in violation of subdivision 2, or the facility. Subd. 2. [OBSTRUCTING ACCESS PROHIBITED.] A person is guilty of a gross misdemeanor who intentionally and physically obstructs any individual's access to or egress from a facility. Subd. 3. [NOT APPLICABLE.] Nothing in this section shall be construed to impair the right of any individual or group to engage in speech protected by the United States Constitution, the Minnesota Constitution, or federal or state law, including but not limited to peaceful and lawful handbilling and picketing. Subd. 4. [CIVIL REMEDIES.] (a) A party who is aggrieved by an act prohibited by this section, or by an attempt or conspiracy to commit an act prohibited by this section, may bring an action for damages, injunctive or declaratory relief, as appropriate, in district court against any person or entity who has violated or has conspired to violate this section. (b) A party who prevails in a civil action under this subdivision is entitled to recover from the violator damages, costs, attorney fees, and other relief as determined by the court. In addition to all other damages, the court may award to the aggrieved party a civil penalty of up to $1,000 for each violation. If the aggrieved party is a facility and the political subdivision where the violation occurred incurred law enforcement or prosecution expenses in connection with the same violation, the court shall award any civil penalty it imposes to the political subdivision instead of to the facility. (c) The remedies provided by this subdivision are in addition to any other legal or equitable remedies the aggrieved party may have and are not intended to diminish or substitute for those remedies or to be exclusive. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment and apply to acts committed on or after that date. Presented to the governor May 15, 1993 Signed by the governor May 19, 1993, 10:35 a.m.