GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 872

Short Title:  Health Care Facility Access.	(Public)
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Sponsors: Representatives Michaux; Barnes, Burton, Cummings, Easterling, Fitch, Hackney, Holt, H. Hunter, and Kennedy.
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Referred to:  Judiciary I.
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April 12, 1993

A BILL TO BE ENTITLED
AN ACT TO PROTECT A PERSON'S ACCESS TO HEALTH CARE FACILITIES.
The General Assembly of North Carolina enacts:
Section 1. Chapter 14 of the General Statutes is amended by adding the following new Article to read:
"ARTICLE 36B.
"Access to Health Care Facilities.
"§ 14-288.21. Definitions.
As used in this Article, unless the context clearly requires otherwise, the term:
(1)	'Act' means a physical activity, but does not include speech or lawful picketing in connection with labor disputes.
(2)	'Health care facility' means any entity that is licensed, certified, or otherwise authorized or permitted to administer medical treatment in this State.
"§ 14-288.22. Prohibited acts.
(a)	No person shall act alone or conspire with another to obstruct or block another person's access to or egress from a health care facility with the intent to deprive or delay the person from obtaining or providing health care services in the health care facility.  A violation of this subsection is a misdemeanor, punishable by a term of imprisonment of not less than 30 days and not more than 12 months.  The minimum sentence shall not be subject to suspension.
(b)	No person shall act alone or conspire with another to approach another person within eight feet of that person, unless that person consents, to unreasonably and knowingly disturb or alarm that person or another person by any of the following:
(1)	Loud noise;
(2)	Using language or physical gestures which are likely to  provoke immediate emotional distress or an immediate violent response from a reasonable person who is the target or recipient of such language or gestures;
(3)	Threatening to commit an act upon a person which is a crime;
(4)	Fighting; or
(5)	Creating a noxious and offensive odor.
A violation of this subsection is a misdemeanor, punishable by a term of imprisonment not to exceed six months.
(c)	A second conviction for a violation of either subsection (a) or (b) of this section within three years of the first violation shall be punishable by a term of imprisonment of not less than six months and not more than two years.  The minimum sentence shall not be subject to suspension.  A third or subsequent conviction for a violation of either subsection (a) or (b) of this section within three years of the second or most recent conviction shall be punishable as a Class I felony.
(d)	Any person aggrieved under this Article may seek injunctive relief in a court of competent jurisdiction to prevent further violations of the act.  Any violation of an injunction obtained pursuant to this section constitutes criminal contempt and shall  be punishable by a term of imprisonment of not less than 30 days and not more than 12 months."
Sec. 2. G.S. 14-277.2(a) reads as rewritten:
"(a)	It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act."
Sec. 3. This act becomes effective December 1, 1993, and applies to acts committed on or after that date.