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2008 -- H 7360 | |
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LC01256 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY -- PROHIBITING PERSONS FROM ENTERING | |
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AND REMAINING ON PUBLIC WAYS OR SIDEWALKS WITHIN A 100 FOOT RADIUS | |
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OF A REPRODUCTIVE HEALTH CARE FACILITY | |
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Introduced By: Representative Arthur Handy | |
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Date Introduced: February 05, 2008 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby |
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amended by adding thereto the following chapter: |
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CHAPTER 17.21 |
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REPRODUCTIVE HEALTH CARE FACILITIES |
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23-17.21-1. Short title. – This chapter shall be known and may be cited as the |
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"Reproductive Health Care Facilities Act". |
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23-17.21-2. Legislative findings. – It is hereby found and declared as follows: |
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(1) Preservation of public safety is a fundamental obligation of state government. |
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(2) Pedestrians have a right to travel peacefully on Rhode Island streets and sidewalks. |
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(3) Clearly defined boundaries around reproductive health care facilities will improve the |
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ability of safety officials to protect the public. |
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23-17.21-3. Definitions. – For the purposes of this section, "reproductive health care |
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facility" means a place, other than within a hospital, where abortions are offered or performed. |
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23-17.21-4. Prohibited services. – (a) No person shall knowingly enter or remain on a |
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public way or sidewalk adjacent to a reproductive health care facility within a radius of one |
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hundred feet (100') of any portion of an entrance to, exit from, or driveway of a reproductive |
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health care facility, or within the area with a rectangle created by extending the outside |
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boundaries of any entrance to, exit from, or driveway to a reproductive health care facility in |
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straight lines to the point where such lines intersect the sideline of the street in front of such |
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entrance, exit or driveway. This subsection shall not apply to the following: |
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(1) persons entering or leaving such facility; |
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(2) employees or agents of such facility acting within the scope of their employment; |
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(3) law enforcement, ambulance, firefighting, construction, utilities, public works and |
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other municipal agents acting within the scope of their employment; and |
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(4) persons using the public sidewalk or street right-of-way adjacent to such facility |
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solely for the purpose of reaching a destination other than such facility. |
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(b) No person shall knowingly obstruct, detain, hinder, impede or block another person's |
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entry to or exit from a reproductive health care facility. |
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23-17.21-5. Penalties. – Whoever knowingly violates the provisions of section 23-17.21- |
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4 shall be punished, for the first offense, by a fine of not more than five hundred dollars ($500) or |
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sentenced to imprisonment for a period of not more than three (3) months, or by both such fine |
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and imprisonment, and for each subsequent offense, by a fine of not less than five hundred dollars |
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($500) and not more than five thousand dollars ($5,000) or sentenced to imprisonment for a |
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period of not more than two and one-half (2 ½) years, or both such fine and imprisonment. A |
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person who knowingly violates this section may be arrested without a warrant by a sheriff, deputy |
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sheriff, or police officer if that sheriff, deputy sheriff, or police officer observes that person |
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violating this section. |
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23-17.21-6. Civil remedies. – A reproductive health care facility or a person whose |
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rights to provide or obtain reproductive health care services have been violated or interfered with |
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by a violation of this section or any person whose rights to express his/her views, assemble or |
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pray near a reproductive health care facility have been violated or interfered with may commence |
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a civil action for equitable relief. The civil action shall be commenced either in the superior court |
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for the county in which the conduct complained of occurred, or in the superior court for the |
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county in which any person or entity complained of resides or has a principal place of business. |
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SECTION 2. This act shall take effect upon passage. |
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LC01256 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY -- PROHIBITING PERSONS FROM ENTERING | |
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AND REMAINING ON PUBLIC WAYS OR SIDEWALKS WITHIN A 100 FOOT RADIUS | |
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OF A REPRODUCTIVE HEALTH CARE FACILITY | |
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*** | |
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This act would provide for a criminal penalty and a civil remedy for any person who |
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enters or remains on a public way or sidewalk adjacent to a reproductive health care facility or |
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who knowingly obstructs, detains, hinders, impedes or blocks another person's entrance to or exit |
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from a reproductive health care facility. |
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This act would take effect upon passage. |
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LC01256 | |
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