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PRINTER'S NO. 677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 670
Session of
2025
INTRODUCED BY POWELL, PIELLI, WEBSTER, SANCHEZ, HOWARD, WAXMAN,
VENKAT, SCHLOSSBERG, RABB, CERRATO, GIRAL, KHAN, STEELE,
OTTEN, D. WILLIAMS, MAYES, HOHENSTEIN, DEASY, BOYD, GREEN,
SHUSTERMAN AND KINKEAD, FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in abortion, providing for access to reproductive
health services facilities; in particular rights and
immunities, providing for action for blocking access to
reproductive health services facility; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3207.1. Access to reproductive health services facilities.
(a) Prohibited conduct.--
(1) An individual may not, b y force, threat of force or
violent or nonviolent physical obstruction, knowingly injure,
intimidate or interfere with a person:
(i) because the person is a reproductive health
services client, provider or assistant; or
(ii) to cause the person, or a class of persons, to
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not become or not remain a reproductive health services
client, provider or assistant.
(2) An individual may not knowingly cause damage to the
property of a person because the person is a reproductive
health services client, provider or assistant or reproductive
health services facility.
(3) An individual may not knowingly use a telephone or
other communication or electronic device, or knowingly permit
the use of a telephone or other communication or electronic
device under the control of the individual, to disrupt the
normal functioning of a reproductive health services
facility.
(4) An individual may not knowingly impede or interfere
with the operation of a motor vehicle that attempts to enter,
exit or park at or nearby a reproductive health services
facility.
(b) Penalties.--An individual who is convicted for
committing a prohibited act under subsection (a) may be
sentenced to imprisonment for a term of not more than one year
or to pay a fine of not more than $3,000, or both.
(c) Considerations.--Prior to sentencing an individual
convicted for committing a prohibited act under this section,
the court shall consider any prior conviction of the individual
for a violation under this section or 18 U.S.C. § 248 (relating
to freedom of access to clinic entrances).
(d) Construction.--Nothing in this section shall be
construed to:
(1) I mpair any constitutionally protected activity or
activity otherwise protected by law.
(2) Provide an exclusive civil remedy or criminal
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penalty.
(3) Preempt a municipality from enacting an ordinance or
regulation in accordance with law to provide a remedy for the
commission of an act prohibited by this section.
(4) Interfere with the enforcement of a law or
regulation regarding the termination of a pregnancy or the
provision of other reproductive health services.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Bodily injury." Impairment of physical condition or
substantial pain.
"Person." An individual, corporation, partnership,
unincorporated association or other business entity.
"Physical obstruction." The act of making entrance to or
exit from a reproductive health services facility impassable,
unreasonably difficult or hazardous for an individual.
"Reproductive health services." Medical, surgical,
counseling or referral services which are:
(1) related to the human reproductive system, including
services related to pregnancy or the termination of a
pregnancy; and
(2) provided in a medical facility.
"Reproductive health services client, provider or assistant."
As follows:
(1) A person involved in obtaining, providing, seeking
to obtain or provide or assisting or seeking to assist
another person, at the request of the other person, to obtain
or provide services in a reproductive health services
facility.
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(2) The term includes a person that owns, operates or
seeks to own or operate a reproductive health services
facility.
"Reproductive health services facility." A facility or
medical facility, as defined in section 3203 (relating to
definitions), that provides reproductive health services.
"Serious bodily injury." Bodily injury which:
(1) creates a substantial risk of death; or
(2) causes serious, permanent disfigurement or
protracted loss or impairment of the function of any bodily
member or organ.
"Violent." Causing, intending to cause or likely to cause
bodily injury, serious bodily injury, death or serious damage to
property.
Section 2. Title 42 is amended by adding a section to read:
§ 8320.2. Action for blocking access to reproductive health
services facility.
(a) Redress for personal injury.--
(1) A reproductive health services facility client,
provider or assistant or an owner or agent of a reproductive
health services facility who incurs bodily injury or damage
to or loss of property as a result of conduct by an actor, as
described in 18 Pa.C.S. § 3207.1 (relating to access to
reproductive health services facilities), may bring a cause
of action in a court of common pleas against:
(i) the actor;
(ii) a person that has solicited the actor to engage
in the conduct; or
(iii) a person that has knowingly attempted to
provide or provided aid to the actor with the intent that
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the actor engage in the conduct.
(2) In an action under paragraph (1), the issue of
whether the defendant engaged in the alleged conduct shall be
determined according to the burden of proof used in other
civil actions for similar relief.
(3) The plaintiff in an action under paragraph (1) may
seek:
(i) General and special damages, including damages
for emotional distress. Damages under this subparagraph
shall be actual damages or $500, whichever is greater.
(ii) Punitive damages.
(iii) Reasonable attorney fees and costs.
(iv) A preliminary or permanent injunction or other
equitable relief.
(v) Other relief that the court deems necessary and
proper.
(b) Redress sought by public official on behalf of others.--
If conduct which would constitute a violation of 18 Pa.C.S. §
3207.1 has occurred, the district attorney of the county in
which the violation occurred or the Attorney General, after
consulting with the district attorney, may institute a civil
action for injunctive or other equitable relief if needed to
protect a person or property. The civil action must be brought
in the name of the Commonwealth of Pennsylvania in the county in
which the violation occurred.
(c) Filing of court orders.--
(1) The prothonotary of the court in which a civil
action is brought under subsection (a) or (b) shall transmit
two certified copies of any order issued in the civil action
to each appropriate law enforcement agency having
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jurisdiction over locations where the defendant is alleged to
have committed the act and where the defendant resides or has
a principal place of business.
(2) The sheriff of the county in which the defendant
resides shall serve a copy of the order under paragraph (1)
on the defendant. Unless otherwise ordered by the court,
service shall be by delivering a copy in hand to the
defendant.
(3) Law enforcement agencies shall establish procedures
adequate to ensure that all officers responsible for the
enforcement of the order under paragraph (1) are informed of
the existence and terms of the order.
(4) If a law enforcement officer has probable cause to
believe that a defendant has violated the provisions of an
order under this subsection, the law enforcement officer may
arrest the defendant.
(d) Contempt notice required to be part of order.--In
actions brought under this section, if a court issues a
temporary restraining order or a preliminary or permanent
injunction ordering a defendant to refrain from certain conduct
or activities, the order issued shall contain the following
statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
(e) Penalties.--
(1) Except as provided in paragraph (2), a violation of
an order issued and served as specified in this section shall
be a misdemeanor of the second degree.
(2) If bodily injury results from the violation
described in paragraph (1), the violation shall be a
misdemeanor of the first degree.
(f) Vacated orders.--If the court vacates a temporary
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restraining order or a preliminary or permanent injunction
issued under this section:
(1) The prothonotary shall:
(i) Promptly notify in writing each appropriate law
enforcement agency that had been notified of the issuance
of the order.
(ii) Direct each law enforcement agency under
subparagraph (i) to destroy all records of the order.
(2) Each law enforcement agency under paragraph (1)
shall comply with the directive under paragraph (1)(i) upon
receipt of the notification.
(g) Construction.--Nothing in this section may be construed
to prohibit, limit or punish religiously motivated speech or
conduct that is otherwise protected by the Constitution of the
United States, the Constitution of Pennsylvania or the act of
December 9, 2002 (P.L.1701, No.214), known as the Religious
Freedom Protection Act.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Bodily injury." As defined in 18 Pa.C.S. § 3207.1(e).
"Person." As defined in 18 Pa.C.S. § 3207.1(e).
"Reproductive health services client, provider or assistant."
As defined in 18 Pa.C.S. § 3207.1(e).
"Reproductive health services facility." As defined in 18
Pa.C.S. § 3207.1(e) .
Section 3. This act shall take effect in 60 days.
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