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90_HB0851eng
New Act
720 ILCS 5/Article 21.4 heading new
720 ILCS 5/21.4-1 new
720 ILCS 5/21.4-2 new
720 ILCS 5/21.4-3 new
720 ILCS 5/21.4-4 new
Creates the Health Care Facilities Act to make any person
who intentionally interferes with another person's access to
a health care facility civilly liable for damages, legal
fees, and costs. Provides for injunctive relief. Amends the
Criminal Code of 1961 to create the offense of intentional
interference with access to health care. Violation is a
Class A misdemeanor.
LRB9001681NTsb
HB0851 Engrossed LRB9001681NTsb
1 AN ACT concerning interference with access to health
2 care.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Interference With Access To Health Care Facilities Act.
7 Section 5. Cause of action. Any person who, with the
8 intent to prevent another person from entering or exiting a
9 health care facility, violates Section 10-3, 10-3.1, 12-2, or
10 12-6 of the Criminal Code of 1961 or commits the offense of
11 unlawful interference with access to health care under the
12 Criminal Code of 1961 is liable to any person aggrieved by
13 that conduct, including but not limited to the owners,
14 employees, officers, or agents of the health care facility,
15 as well as to any person whose lawful efforts to enter or
16 leave the facility are obstructed, impeded, or hindered.
17 Section 10. Damages; injunctive relief; costs. The
18 aggrieved person may bring a civil action under this Act and
19 obtain the greater of actual damages or liquidated damages,
20 injunctive relief, and reasonable attorney's fees and costs.
21 Section 15. Definitions. As used in this Act:
22 (1) "Actual damages" shall be treble the amount of
23 damages proved by the plaintiff. Proof of actual damages may
24 include evidence of pain, suffering, and emotional distress.
25 (2) "Liquidated damages" shall be $5,000.
26 (3) "Injunctive relief" may include, but is not limited
27 to: (i) the imposition of a buffer zone of no more than 50
28 feet around the health care facility in which individuals
29 shall be prohibited from congregating, picketing, patrolling,
HB0851 Engrossed -2- LRB9001681NTsb
1 demonstrating, or entering with the intent to obstruct access
2 to the clinic, block vehicular traffic, or otherwise
3 unlawfully interfere with the clinic's operation; and (ii)
4 the imposition of a noise restriction in which individuals
5 shall be prohibited from singing, chanting, whistling,
6 shouting, or using bullhorns, sound amplification equipment,
7 or making or causing other sounds within hearing of patients
8 inside the clinic with the intent to unlawfully interfere
9 with the clinic's operation.
10 Section 900. The Criminal Code of 1961 is amended by
11 adding Article 21.4 as follows:
12 (720 ILCS 5/Article 21.4 heading new)
13 ARTICLE 21.4. INTERFERENCE WITH ACCESS TO HEALTH CARE
14 (720 ILCS 5/21.4-1 new)
15 Sec. 21.4-1. Unlawful interference with access to health
16 care. It is unlawful for a person to intentionally prevent
17 or attempt to prevent an individual from entering or exiting
18 a health care facility by physically detaining the individual
19 or physically obstructing, hindering, or impeding the
20 individual's passage.
21 (720 ILCS 5/21.4-2 new)
22 Sec. 21.4-2. Definition. As used in this Article,
23 "health care facility" means a private or public facility
24 that provides health care services directly to any person,
25 including but not limited to, a hospital, clinic, licensed
26 health practitioner's office, health maintenance
27 organization, or diagnostic or treatment center.
28 (720 ILCS 5/21.4-3 new)
29 Sec. 21.4-3. Penalty. Unlawful interference with access
HB0851 Engrossed -3- LRB9001681NTsb
1 to health care is a Class A misdemeanor.
2 (720 ILCS 5/21.4-4 new)
3 Sec. 21.4-4. Exemptions. This Article shall not prohibit
4 any of the following:
5 (1) Lawful conduct protected by the First Amendment to
6 the United States Constitution or by Section 4 or 5 of
7 Article I of the Illinois Constitution.
8 (2) Lawful conduct by an officer, employee, or agent of
9 the health care facility.
10 (3) Lawful conduct by a peace officer while performing
11 his or her official duties.
12 (4) Lawful conduct by a party to a labor dispute in
13 furtherance of labor or management objectives in that
14 dispute.