117 HR 8867 IH: Saving Abortion Facilities from Extremists for Patients Act U.S. House of Representatives 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8867IN THE HOUSE OF REPRESENTATIVESSeptember 15, 2022Ms. Speier (for herself, Ms. Lee of California, Ms. Lois Frankel of Florida, Ms. Chu, Mr. Connolly, Mr. Carter of Louisiana, Mr. Moulton, Mrs. Hayes, and Mr. Khanna) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo establish a cause of action with respect to reproductive health services, and for other purposes.

1.

Short title

This Act may be cited as the Saving Abortion Facilities from Extremists for Patients Act or the SAFE for Patients Act.

2.

Cause of action with respect to reproductive health services

(a)

Cause of action

Any person may bring a civil action against any person who—(1)intentionally damages or destroys the property of a facility that provides reproductive health services, or attempts to do so, because such facility provides reproductive health services;(2)by force or threat of force or by physical obstruction intentionally harasses, injures, intimidates, or interferes with a person because that person is providing or obtaining reproductive health services; or(3)knowingly engages in conduct that aids or abets the performance of an action described pursuant to paragraphs (1) or (2). (b)

Award of damages

If a claimant prevails on an action brought under subsection (a), the court shall award—(1)injunctive relief sufficient to prevent the defendant from further violation of subsection (a) or engaging in acts that aid or abet a violation of subsection (a); (2)statutory damages in an amount of not less than $10,000 per violation of subsection (a); and (3)costs and attorney’s fees. (c)

Not a defense

Notwithstanding any other law, the following shall not be a defense for a violation of subsection (a):(1)Ignorance or mistake of law. (2)A defendant’s belief that the requirements of this section are unconstitutional or were unconstitutional. (3)A defendant’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this section.(4)A defendant’s reliance on any State or Federal court decision that is not binding on the court in which the action has been brought. (5)Non-mutual issue preclusion or non-mutual claim preclusion. (d)

Statute of limitations

A person may bring an action under this section not later than the four years after the date on which the violation of subsection (a) occurred.(e)

Reproductive health services defined

In this section, the term reproductive health services shall have the meaning given such term in section 248 of title 18, United States Code.