SENATE BILL 399

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO ACCESS TO HEALTH SERVICES AND MEETINGS; ENACTING THE FREEDOM OF ACCESS ACT; PROHIBITING INTERFERENCE WITH ACCESS TO REPRODUCTIVE HEALTH SERVICES AND MEETINGS; PROVIDING FOR CIVIL DAMAGES AND PENALTIES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR PROTECTION OF THE SAFETY AND PRIVACY OF CERTAIN PERSONS; 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 "Freedom of Access Act".

     SECTION 2. DEFINITIONS.--As used in the Freedom of Access Act:

          A. "interfere" means to restrict a person's freedom of movement;

          B. "intimidate" means to place a person in reasonable apprehension of bodily harm to the person or to another;

          C. "reproductive health services" means services relating to the human reproductive system or relating to pregnancy or the termination of a pregnancy, provided in a hospital, clinic, physician's office or other facility, and may include medical, surgical, counseling or referral services;

          D. "reproductive health services facility" means a hospital, clinic, physician's office or other facility, including the building or structure in which the facility is located, that provides or seeks to provide reproductive health services;

          E. "reproductive health services provider" means a person that is or has been involved in:

                (1) providing or seeking to provide any services in a reproductive health services facility; or

                (2) owning, operating or seeking to own or operate a reproductive health services facility;

          F. "reproductive justice site" means:

                (1) a place where a meeting or presentation regarding abortion policies or practices is taking place;

                (2) an organization that counsels for or against abortion; and

                (3) an organization that, as a major activity, engages in lobbying, publicizing or organizing either for or against abortion; and

          G. "violent act" means an action that has as an element the use, attempted use or threatened use of force against the person or property of another.

     SECTION 3. UNLAWFUL INJURY, INTIMIDATION OR INTERFERENCE.--

          A. It is unlawful to intentionally injure, intimidate or interfere with a person entering, exiting or using a reproductive health services facility or a reproductive justice site in order to prevent that person from entering, exiting or using a reproductive health services facility or a reproductive justice site.

          B. It is unlawful to intentionally damage or destroy the property of a reproductive health services facility or a reproductive justice site.

     SECTION 4. CRIMINAL PENALTIES.--

          A. A first violation of Section 3 of the Freedom of Access Act is a misdemeanor, punishable by imprisonment for a period of not more than one year and a fine not to exceed fifteen thousand dollars ($15,000).

          B. A second or subsequent violation of Section 3 of the Freedom of Access Act is a misdemeanor, punishable by imprisonment for a period of not more than one year and a fine not to exceed twenty-five thousand dollars ($25,000).

     SECTION 5. CIVIL ACTIONS--INJUNCTIVE RELIEF.--

          A. In addition to the criminal penalties, a court may enjoin conduct prohibited in Section 3 of the Freedom of Access Act if there is credible evidence that a person is likely to violate Section 3 of that act. A person who is threatened with loss or injury by reason of a violation described in Section 3 of the Freedom of Access Act may bring an action for injunctive relief in a court of competent jurisdiction for any threatened loss, damage or injury.

          B. A person aggrieved by a violation of Section 3 of the Freedom of Access Act may bring a civil action for compensatory or punitive damages, litigation costs and reasonable attorney fees. As an alternative to actual damages, a plaintiff may elect to recover an award of statutory damages in the amount of one thousand dollars ($1,000) for each violation of the Freedom of Access Act that is not a violent act and five thousand dollars ($5,000) for each violent act committed in violation of the Freedom of Access Act.

          C. If there is credible evidence that a person is likely to violate Section 3 of the Freedom of Access Act, the attorney general, a district attorney or city attorney may bring a civil action to enjoin the violation.

          D. If a person violates Section 3 of the Freedom of Access Act, the attorney general, a district attorney or a city attorney may bring a civil action to:

                (1) recover compensatory damages on behalf of persons aggrieved by the violation; or

                (2) recover a civil penalty against each person who has committed a violation, which shall not exceed:

                     (a) two thousand dollars ($2,000) for a first violation that is not a violent act;

                     (b) five thousand dollars ($5,000) for a subsequent violation that is not a violent act;

                     (c) fifteen thousand dollars ($15,000) for a first violation that is a violent act; or

                     (d) twenty-five thousand dollars ($25,000) for a subsequent violation that is a violent act.

     SECTION 6. SAFETY AND PRIVACY OF CERTAIN PERSONS.--

          A. A court shall take all action reasonably required, including injunction, to safeguard the safety or privacy of a person who appears before the court in a civil or criminal proceeding relating to the Freedom of Access Act.

          B. In its discretion, a court may permit a person who appears before the court in a civil proceeding relating to the Freedom of Access Act to use a pseudonym when reasonably required to safeguard the safety or privacy of that person.

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