H 3189 General Bill, By H.H. Keyserling, Cork and S.G. Manly
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 16-5-135 so as to make it a crime for a person to prevent a person from
 entering or exiting a medical facility and provide penalties for violations.

   01/09/91  House  Introduced and read first time HJ-12
   01/09/91  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-12
   02/07/91  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Medical, Military, Public
                     and Municipal Affairs HJ-24
   02/13/91  House  Committed to Committee on Judiciary HJ-29
   04/15/92  House  Recalled from Committee on Judiciary HJ-48

April 15, 1992

H. 3189

S. Printed 4/15/92--H.

Read the first time January 9, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT A PERSON FROM ENTERING OR EXITING A MEDICAL FACILITY AND PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-5-135. (A) As used in this section:

(1) `Action' does not include speech.

(2) `Medical facility' means a health care facility as defined in Section 44-7-130 or a building in which a licensed physician provides services.

(3) `Person' does not include:

(a) the chief executive officer of the medical facility;

(b) a designee of the chief executive officer of the medical facility;

(c) an agent of the medical facility; or

(d) a law enforcement officer.

(B) A person may not act alone, or in concert with others, and with the intent to prevent an individual from entering or exiting a medical facility by physically:

(1) detaining the individual; or

(2) obstructing, impeding, or hindering the individual's passage.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one thousand dollars or imprisoned for a period not to exceed ninety days, or both."

SECTION 2. This act takes effect upon approval by the Governor.