B008-9899

B008-9899

10 	AN ACT concerning

20 			Crimes -- Offenses Against Medical Facility Visitors  

30	FOR the purpose of making it a misdemeanor under certain conditions to follow 
40	or maliciously engage in a course of conduct that alarms or harasses an individual 
50	who enters a medical facility; making it a misdemeanor to commit a certain crime 
60	after observing an individual enter or exit a medical facility; providing certain 
70	penalties for a violation of this Act; defining a certain term; and generally relating 
80	to offenses against individuals who enter or exit a medical facility.

90	BY repealing and reenacting with amendments,
100	Article 27 -- Crimes and Punishments
110	Section 577B
120	Annotated Code of Maryland
130	(1996 Replacement Volume and 1998 Supplement)

140	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE 
150	MARYLAND STUDENT LEGISLATURE, That the laws of Maryland read as 
160	follows:

170	Article 27 --Crimes and Punishments

180	¤ 577 B

190		(a)	(1)	In this section, the following words have the meanings 
200				indicated.

210			(2)	"Action" does not include speech.

220			(3)	"COURSE OF CONDUCT" MEANS A PATTERN OF 
230				CONDUCT OVER A PERIOD OF TIME, THAT 
240				DISPLAYS A PERSISTENCE OF PURPOSE.  

250			(4)	(i)	"Medical facility" means:

260					1.	A facility as defined under ¤ 10-101(e) of 
270						the Health -- General Article; or

280					2.	A health care facility as defined under ¤ 19-
290						101(f) of the Health -- General Article.

300				(ii)	"Medical Facility" includes an agency, clinic, or 
310					office operated under the discretion of the local 
320 					health officer of the regulatory authority of the 
330 					Department of Health and Mental Hygiene.

340			(4)	(5)	"Person" does not include:

350				(i)	The chief executive officer of the medical facility;

360				(ii)	A designee of the chief executive officer of the 
370 				medical facility;

380				(iii)	An agent of the medical facility; or

390				(iv)	A law enforcement officer.

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

430			(1)	Detaining the individual; or

440			(2)	Obstructing, impeding, or hindering the individualâs 
450 				passage.

460		(c)	(3)	This section  SUBSECTION may not be interpreted to 
470				prohibit any picketing assembly in connection with a labor 
480				dispute as defined in ¤ 4-301 of the Labor and Employment 
490				Article.

500		(C)	A PERSON MAY NOT PHYSICALLY FOLLOW OR 
510			MALICIOUSLY ENGAGE IN A COURSE OF CONDUCT 
520             	THAT INTENTIONALLY ALARMS OR HARASSES AND 
530      		INDIVIDUAL WHO ENTERS OR EXITS A MEDICAL 
540			FACILITY:

550			(1)	AFTER A REASONABLE WARNING OR REQUEST 
560				TO DESIST BY OR ON BEHALF OF THE 
570    				INDIVIDUAL.

580		(D)	A PERSON MAY NOT COMMIT A CRIME AGAINST AN 
590 			INDIVIDUAL OR DAMAGE AN INDIVIDUALâS 
600 			PROPERTY AFTER OBSERVING THE INDIVIDUAL 
610			ENTER OR EXIT A MEDICAL FACILITY.

620	      (d)  (E)	A person who violates this section is guilty of a misdemeanor and 
630			on conviction is subject to a fine of not more than $5,000 or 
640			imprisonment for not more than 90 days or both.

650 	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take 
660      	effect September 1, 1999.

670	MANDATES:	Delegate Rosenburg
680 			Delegate Valderrama
690 			Delegate Menes
700 			Deborah Freel, Grassroots Organizer Planned Parenthood of 
710 			America

Sponsor:
Samantha Barnhart
College of Notre Dame of Maryland
1102 E. Belvedere Ave.
Apt. A
Baltimore, MD 21239
(410) 464-1406
samiam45@hotmail.com