46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HEALTH CARE; CREATING THE CRIME OF OBSTRUCTING ACCESS TO A HEALTH FACILITY; ENACTING THE HEALTH CARE 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 Obstruction Act".

Section 2. DEFINITIONS.--As used in the Health Care 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; and

C. "reproductive health care service" means counseling or diagnosis 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) follows or 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. A person who commits obstructing access to a health facility 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, or who has been subject to any of the actions in Subsection A of Section 3 of the Health Care Obstruction Act, or an owner or operator of a health facility or owner of premises on or in which a health facility is located, where the offense of obstructing access to a health facility has occurred, 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; and

(2) attorney fees and court costs.

B. If it is found, in an action brought pursuant to the provisions of the Health Care 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 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 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.

Section 2. SEVERABILITY.--If any part or application of the Health Care Obstruction Act is held invalid, the reminder or its application to other situations or persons shall not be affected.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.