45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH CARE; CREATING THE CRIMES OF OBSTRUCTING ACCESS TO A HEALTH FACILITY, OBSTRUCTING ACCESS TO A RELIGIOUS INSTITUTION AND INTENTIONALLY DAMAGING OR DESTROYING A HEALTH FACILITY OR RELIGIOUS INSTITUTION; ENACTING THE HEALTH CARE AND RELIGIOUS INSTITUTION OBSTRUCTION ACT; PROVIDING CRIMINAL PENALTIES; PROVIDING CIVIL REMEDIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Health Care and Religious Institution Obstruction Act".

Section 2. DEFINITIONS.--As used in the Health Care and Religious Institution Obstruction Act:

A. "health facility" means a building, structure or place at which licensed, certified or otherwise legally authorized persons provide reproductive health care services;

B. "obstruct" means to physically hinder, restrain, impede, hit, shove, grab, kick or otherwise subject a person to unwanted physical contact or threat of unwanted physical contact or an attempt to perform any of those acts;

C. "religious institution" means a church, synagogue, mosque, temple, shrine or other place of religious worship and affiliated structure or buildings; and

D. "reproductive health care service" means counseling, diagnosis or referral services related to the human reproductive system or examination or treatment of the human reproductive system.

Section 3. OFFENSES.--

A. Obstructing access to a health facility consists of a person, with the intent to prevent another from obtaining or rendering, or assisting in obtaining or rendering, a reproductive health care service, who:

(1) physically obstructs another from entering or exiting from the entrance or exit of a health facility or the premises on or in which a health facility is located;

(2) harasses, in or about a public place, another who has entered or exited a health facility; or

(3) engages in a course of conduct or repeatedly commits acts that place another person in reasonable fear of physical harm.

B. Obstructing access to a religious institution consists of a person obstructing another from lawfully exercising or seeking to exercise the first amendment right of religious freedom.

C. Intentionally damaging or destroying a health facility or religious institution consists of damaging or destroying, or attempting to damage or destroy, the real or personal property in or on the premises of a health facility or damaging or destroying the real or personal property of a religious institution.

D. A parent or legal guardian of a child under the age sixteen years shall not be subject to penalties pursuant to the Health Care and Religious Institution Obstruction Act for committing obstructing access to a health care facility identified in Subsection A of this section; provided, however, that the actions are directed exclusively at that child to prevent the child from entering a health facility or receiving reproductive health care services.

E. A person who commits obstructing access to a health facility, obstructing access to a religious institution or intentionally damaging or destroying a health facility or religious institution is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

Section 4. CIVIL CAUSE OF ACTION.--

A. A person whose ability to obtain or render, or assist in obtaining or rendering, reproductive health care services, a person whose ability to exercise a first amendment right to religious freedom at the religious institution or a person who has been subject to any of the actions in Subsections A, B or C of Section 3 of the Health Care and Religious Institution Obstruction Act may bring a civil cause of action in state district court in the district in which the offense occurred, for the following remedies:

(1) injunctive relief;

(2) actual damages suffered as a result of the commission of the offense, including, where applicable, damages for pain and suffering and emotional distress; and

(3) attorney fees and court costs.

B. If it is found, in an action brought pursuant to the provisions of the Health Care and Religious Institution Obstruction Act, that two or more of the named defendants acted in concert pursuant to a common plan or design to violate a provision of Section 3 of that act, the defendants shall be held jointly and severally liable for any fine or penalties imposed or damages awarded.

Section 5. CONSTRUCTION--OTHER PENALTIES OR REMEDIES--FIRST AMENDMENT EXPRESSION.--

A. No provision of the Health Care and Religious Institution Obstruction Act shall be construed or interpreted to limit the right of a person or entity to seek other available criminal penalties or civil remedies. The penalties and remedies included in that act are cumulative and not exclusive.

B. No provision of the Health Care and Religious Institution Obstruction Act shall be construed or interpreted to prohibit expression protected by the first amendment of the constitution of the United States or Article 2, Section 17 of the constitution of New Mexico.