H. B. 3190
(By Delegate Guthrie)
[Introduced February 18, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-26, relating to creating the offense of obstructing health care facility access; and penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-6-26, to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-26. Obstructing health care facility access; penalty.
(a) A person commits the offense of obstructing health care facility access if the person knowingly obstructs, hinders or blocks another person's entry into or exit from a health care facility. Commission of the offense includes, but is not limited to, knowingly approaching within eight feet of a person who is entering or leaving a health care facility to give the person written or oral information, to display a sign, or to protest, counsel, or educate about a health issue, when the person does not consent to that activity and is within thirty six feet of an entrance to or exit from the health care facility.
(b) A person violating the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100.
(c) For purposes of this section, "health care facility" means an office of a medical practitioner or any other facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
NOTE: The purpose of this bill is to create the offense of obstructing health care facility access, and to provide for a fine of not more than $100 for violations.
This section is new; therefore, it has been completely underscored.