Bill > S3491

Introduced Session

This bill establishes certain protections for individuals seeking abortion or gender-affirming health care services, as well as certain protections for professionals who provided abortion-related health care services. Crime: Interference with Reproductive or Gender-Affirming Health Services This bill creates the new crime of "interference with reproductive or gender-affirming health services." A person is guilty of the crime if the person purposely or knowingly, with the purpose to unlawfully restrict another's access to or receipt or provision of reproductive or gender-affirming health care services or to intimidate the person from becoming or remaining a reproductive or gender-affirming health care services patient, provider, volunteer or assistant: (1) inflicts or attempts to inflict bodily injury; (2) obstructs any person seeking to enter into or exit from a reproductive or gender-affirming health care services facility; (3) intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person or entity because that person or entity is a reproductive or gender-affirming health care services patient, provider, volunteer, or assistant; (4) damages, defaces, or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive or gender-affirming health care service patient, provider, assistant, volunteer, or facility; (5) videotapes, films, photographs, or records by electronic means, within 100 feet of the entrance to a reproductive or gender-affirming health care services facility, a patient, provider, volunteer, or assistant without that person's consent; or (6) discloses or distributes a videotape, film, photograph, or recording of the person. Interference with reproductive or gender-affirming health care services is a crime of the fourth degree, but is a crime of the second degree if the victim suffers significant or serious bodily injury. Further, interference with reproductive or gender-affirming health care services is a disorderly persons offense if the act would cause a reasonable person to suffer: (1) damage to the victim's business or personal reputation; (2) financial harm; or (3) pain and suffering, mental anguish, or emotional harm. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the second degree is punishable by five to ten years imprisonment, a fine of up to $150,000, or both. A disorderly persons offense is a punishable by up to six months imprisonment, a fine of up to $1,000, or both. Civil Action: Interference with Reproductive or gender-affirming Health Services The bill also authorizes a person to bring a civil action against a person who unlawfully interferes with another person's reproductive or gender-affirming health care services. Under the bill, a court may award: (1) injunctive relief; (2) compensatory damages in an amount not less than liquidated damages computed at the rate of $1,000 for each violation; (3) punitive damages upon proof of willful or reckless disregard of the law; (4) reasonable attorney's fees and other litigation costs; and (5) any other preliminary and equitable relief as the court determines to be appropriate. Under the bill, the Attorney General may bring a civil action to enjoin a violation of the law, for compensatory damages, and for the assessment of a civil penalty against each person who violates the law. The civil penalty imposed on each actor will be up to, but not exceed, $10,000 for a first violation, and $25,000 for any subsequent violation. Dispersal of Gatherings The bill authorized any law enforcement officer to order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or driveway to a reproductive or gender-affirming health care facility during the business hours of the facility. Failure to comply with an order to disperse issued by the Attorney General or a law enforcement officer is a disorderly persons offense. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. Licensing Boards The bill prohibits a board from imposing any additional or alternative penalties, in accordance with N.J.S.A.34:1-22, on the holder of a certificate, registration, or license based solely on the holder providing, authorizing, participating, referring to, or assisting with any health care, medical service, or procedure related to an abortion for a person who resides in a jurisdiction where the provision, authorization, participation, referral, or assistance is illegal. Applicability of Laws of Other States The bill establishes that a law of another state that authorized a person or government entity to bring a prosecution, civil action, or any other legal action to deter, prevent, sanction, or punish any person engaging, aiding, or assisting in providing or prescribing any legally protected health care activity is against the public policy of this State. Further, such laws of another state are prohibited from being applied to any matter, case, or controversy heard in a State court or in an administrative tribunal of this State. The prohibition does not apply to an action founded in tort, contract, or statute under the laws of this State, or an action founded in tort, contract, or statute under the similar laws of another state. This includes, but is not limited to, an alleged act of malpractice or negligence by a person in the person's profession or occupation. Protection of Patient Information This bill updates P.L.2022, c.51 to provide a definition of "legally protected health care activity" and "gender-affirming health care services." P.L.2022, c.51 provides certain protections with respect to the disclosure of patient information relating to reproductive health care services, as well as protecting access to health care, medical services, and procedures related to an abortion for persons who come to this State from jurisdictions in which these actions are illegal. The bill provides that in any civil action or other proceeding preliminary thereto, a medical provider or other covered entity, as described under federal law concerning medical privacy and security, is barred from disclosing the following communications or information, unless the patient or patient's conservator, guardian, or other authorized legal representative explicitly consented in writing to the disclosure: (1) any communication made to the covered entity, or any information obtained by the covered entity from, a patient or the conservator, guardian, or other authorized legal representative of a patient relating to legally protected health care activity; or (2) any information obtained by personal examination of a patient relating to legally protected health care activity that is permitted under the laws of this State. Additionally, under the bill, a public entity of this State or employee, appointee, officer or official or any other person acting on behalf of a public entity would be prohibited from providing any information, or expending or using time, money, facilities, property, equipment, personnel or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for: (1) the provision, receipt, or seeking of, or inquiring or responding to an inquiry about legally protected health care activity that is legal in this State; or (2) assisting, advising, aiding, abetting, facilitating, soliciting, or conspiring with any person or entity providing, receiving, seeking, or inquiring or responding to an inquiry about legally protected health care activity that is legal in this State. Extradition This bill updates N.J.S.A.2A:160-14.1 to prevent a person from being extradited to another state under certain circumstances related to "legally protected health care activity." Under current law, N.J.S.A.2A:160-14.1 prevents extradition as it relates to "reproductive health care services." Under the bill, "Legally protected health care activity" is defined as activity providing, seeking, receiving, assisting with, or inquiring about reproductive health care services or gender-affirming health care services that are lawful in this State, regardless of the patient's location. Relatedly, the bill also defines "gender-affirming health care services" to mean all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature, including medication, relating to the treatment of gender dysphoria and gender incongruence. "Gender-affirming health care services" does not include sexual orientation change efforts as defined by N.J.S.A.45:1-55. In Vitro Fertilization Protections This bill strengthens reproductive health care freedom in New Jersey by specifying that: every individual present in this State, including, but not limited to, an individual who is under State control or supervision, shall have the fundamental right to choose whether to use assisted reproductive technology (ART), including, but not limited to in vitro fertilization (IVF); and a fertilized egg, embryo, or fetus shall not have independent rights under any of the laws of the State. Medicolegal Investigations This bill removes the requirement that a medical examiner conduct a medicolegal investigation of a death in the State related to a fetal death occurring without medical attendance. This provisions seeks to ensure that a woman who has a miscarriage or fetal complications is not investigated or the fetal death criminalized. Repealers The bill repeals the following statutes, which have either been obviated by court decision or would be obviated by this bill: (1) N.J.S.A.2A:65A-5 through N.J.S.A.2A:65A-7 (banned partial birth abortions); (2) N.J.S.A.9:17A-1.1 through N.J.S.A.9:17A-1.12 (required parental notification for minors' abortion); (3) N.J.S.A.30:4D-6.1 (barred Medicaid payment for abortion except where necessary to save the woman's life).

Committee Categories

Teresa Ruiz (D)*,  Nick Scutari (D)*,  Renee Burgess (D),  John Burzichelli (D),  Nilsa Cruz-Perez (D),  Patrick Diegnan (D),  Vin Gopal (D),  Linda Greenstein (D),  Gordon Johnson (D),  Joe Lagana (D),  John McKeon (D),  Angela Mcknight (D),  Raj Mukherji (D),  Brian Stack (D),  Britnee Timberlake (D),  Benjie Wimberly (D),  Andrew Zwicker (D), 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 06/24/2024)

Official Document