AN ACT  RELATIVE TO FIRST AMENDMENT RIGHTS AT REPRODUCTIVE HEALTH CARE FACILITIES

Be it enacted by the Senate and House of Representatives in  General Court
assembled, and by the authority of the same, as  follows:

SECTION 1. The purpose of this Act  is:

(1) to increase the public safety in and around reproductive  health care facilities;

(2) to maintain the flow of  traffic and prevent congestion around reproductive health care  facilities;

(3) to enact reasonable time, place and manner  restrictions to reconcile and protect both the First Amendment rights of  persons to express their views, assemble and pray near reproductive  health care facilities and the rights of persons seeking access to those  facilities to be free from hindrance, harassment, intimidation and harm; and

(4) to create an environment in and around reproductive  health care facilities which is conducive towards the provision of safe  and effective medical services, including surgical procedures, to its  patients.

SECTION 2. Chapter 266 of the General Laws is hereby  amended by inserting
after section 120E the following  section:

a) For the purposes of this section, "reproductive  health care facility" shall mean a place, other than within a hospital,  where abortions are offered or performed.

b) No person  shall knowingly approach another person or occupied motor vehicle within  six feet of such person or vehicle, unless such other person or occupant  of the vehicle consents, for the purpose of passing a leaflet or handbill  to, displaying a sign to, or engaging in oral protest, education, or  counseling with such other person in the public way or sidewalk  area within a radius of eighteen feet from any entrance door or driveway  to a reproductive health care facility or within the area within a  rectangle not greater than six feet in width created by extending the  outside boundaries of any entrance door or driveway to a reproductive  health care facility at a right angle and in straight lines to the point  where such lines intersect the sideline of the street in front of such  entrance door
or driveway. The provisions of this paragraph shall not  apply to the following:

1) persons entering or leaving such  facility;

2) employees or agents of such facility acting within the scope  of their employment;

3) law enforcement, ambulance, firefighting,  construction, utilities, public works and other municipal agents acting  within the scope of their employment; and

4) persons using the  public sidewalk or street right-of-way adjacent to such facility solely  for the purpose of reaching a destination other than such facility.

c) The provisions of  paragraph (b) shall only take effect during a facility's business hours  and if the area contained within the radius and rectangle described in  paragraph (b) is clearly marked and posted.

d) Whoever knowingly  violates this section shall be punished, for the first offense, by a fine  of not more than five hundred dollars or not more than three months in a  jail or house of correction, or both such fine and imprisonment, and for  each subsequent offense, by a fine of not less than five hundred dollars  and not more than five thousand dollars or not more than two and one-half  years in a jail or house of correction, or both such fine and  imprisonment.. A person who knowingly violates this section may be arrested without a warrant by a sheriff, deputy sheriff, or police officer.

e) Any person who knowingly obstructs, detains, hinders,  impedes or blocks
another person's entry to or exit from a reproductive  health care facility shall be punished, for the first offense, by a fine  of not more than five hundred dollars or not more than three months in  a jail or house of correction, or both such fine and imprisonment and for  each  subsequent offense, by a fine of not less than five hundred dollars and not  more than five thousand dollars or not more than two and one-half years in a  jail or house of correction, or both such fine and imprisonment. A person who knowingly violates this provision may be arrested without a warrant by a sheriff, deputy sheriff, or police officer.

f) Any reproductive health care facility or any person whose rights to provide or obtain  reproductive health care services have been violated or interfered with  by a violation of this section or any person whose rights to express  their views, assemble or pray near a reproductive health care facility  have been violated or interfered with may commence a civil action for  equitable relief. Said civil action shall be instituted either in  the superior court for the county in which the conduct complained of  occurred, or in the superior court for the county in which any person or  entity complained of resides or has a principal place of  business.

SECTION 3. The provisions of this act shall be deemed  severable, and if any provision of this act is adjudged unconstitutional  or invalid, such judgment shall not affect other valid provisions  hereof.
 

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