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

RELATING TO HEALTH CARE; CREATING THE CRIME OF OBSTRUCTING ACCESS TO A REPRODUCTIVE HEALTH CARE FACILITY; ENACTING THE REPRODUCTIVE HEALTH CARE OBSTRUCTION ACT; PROVIDING CRIMINAL PENALTIES.

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

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

Section 2. DEFINITIONS.--As used in the Reproductive Health Care Obstruction Act:

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

B. "reproductive health care service" means counseling, diagnosis, referral services or examination or treatment of the human reproductive system and provision of abortion services;

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

D. "sidewalk" means a paved or public way intended for pedestrian use or street right of way that is located on periphery of a reproductive health facility.

Section 3. OFFENSE.--

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

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

(2) harasses, within fifteen feet of the property boundary of a reproductive health facility, or the building or place in which a reproductive health facility is located, another person who has entered or exited a reproductive health facility;

(3) engages in a course of conduct, within fifteen feet of the property boundary of a reproductive health facility or the building or place in which a reproductive health facility is located, that places another person in reasonable fear of physical harm; or

(4) engages in a course of conduct that places an employee of a reproductive health facility, person legally authorized to provide reproductive health care services or a person who seeks reproductive health care services in reasonable fear of physical harm.

B. Nothing in Subsection A of this section applies to person on a sidewalk near or within the property of a reproductive health facility.

C. A person who commits obstructing access to a reproductive health facility is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

Section 4. CONSTRUCTION--OTHER PENALTIES OR REMEDIES--FIRST AMENDMENT EXPRESSION.--

A. No provision of the Reproductive 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 included in that act are cumulative and not exclusive.

B. No provision of the Reproductive Health Care Obstruction Act shall be construed or interpreted to prohibit expression protected by the First Amendment of the United States constitution or Article 2, Section 17 of the constitution of New Mexico.