Amendment SA20-AB441

LRBa4108/1

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1995 - 1996 LEGISLATURE

SENATE AMENDMENT 20, To 1995 ASSEMBLY BILL 441

March 7, 1996 - Offered by Senator Risser.

AB441-SA20,1,1 At the locations indicated, amend the engrossed bill as follows:

AB441-SA20,1,4 1. Page 1, line 5: after "abortion" insert: ", interference with access to or use of a medical facility, civil actions for trespass to and interference with access to medical facilities.".

AB441-SA20,1,5 2. Page 20, line 16: after that line insert:

AB441-SA20,1,6 " Section 8m. 895.76 of the statutes is created to read:

AB441-SA20,1,13 895.76 Physical injury, emotional distress, loss or damage suffered by users of medical facilities. (1) If a person suffers physical injury, death, emotional distress or damage to or loss of his or her property as a result of conduct which is prohibited under s. 941.40 or 943.145, the person, or his or her representative authorized to commence an action on behalf of the person, may commence a civil action to enjoin further or continuing violations or to recover actual damages sustained as a result of a violation, or both.

AB441-SA20,1,15 (2) The burden of proof in a civil action under sub. (1) rests with the plaintiff to prove his or her case by a preponderance of the credible evidence.

AB441-SA20,2,5 (3) If the plaintiff prevails in a civil action for damages under sub. (1), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs of the investigation and litigation which were reasonably incurred, including all reasonable attorney fees, notwithstanding s. 814.04 (1).

AB441-SA20,2,9 (4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the physical injury, death, emotional distress, loss or damage under sub. (1) and regardless of the outcome of any such criminal action.

AB441-SA20,2,11 (5) This section does not limit the right of a person to recover from any parent or parents under s. 895.035.

AB441-SA20, s. 9m Section 9m. 941.40 of the statutes is created to read:

AB441-SA20,2,14 941.40 Interference with the access to or use of a medical facility. (1) In this section, "medical facility" has the meaning given in s. 943.145 (1).

AB441-SA20,2,17 (2) Whoever intentionally does any of the following is guilty of a Class B misdemeanor for the first offense and is guilty of a Class A misdemeanor for a subsequent offense:

AB441-SA20,2,19 (a) Obstructs, blocks, hinders or impedes a person from entering or exiting a medical facility.

AB441-SA20,2,21 (b) Uses force or the threat of force to interfere with the provision of medical services at a medical facility.

AB441-SA20,2,23 (c) Renders or attempts to render a medical facility temporarily or permanently unusable by medical providers or their patients.

AB441-SA20,2,24 (3) Subsection (2) does not apply to acts by any of the following:

AB441-SA20,2,25 (a) A peace officer.

AB441-SA20,3,1 (b) The chief executive officer of the medical facility.

AB441-SA20,3,3 (c) Any person acting as directed by the chief executive officer of the medical facility.".

AB441-SA20,3,4 (End)