United States · Amendment · HAMDT

HAMDT 405 (103rd)

An amendment in the nature of a substitute to specify that actions prohibited under the measure must occur near the clinic, or near the home of the individual affected to constitute "crime". The substitute specifies that people lawfully engaging in activities protected by the First Amendment are exempt from the penalties of the bill, and exempts parents or legal guardians when their activities are directed at their minor child from such penalties. Under the substitute, physical obstruction would be a crime only if it is accompanied by force or threats of force. The substitute provides that people harmed could not sue for punitive damages as under the bill, but only for actual damages. The amendment sets standards that must be met before a court can issue an injunction. Finally, the amendment does not allow state attorneys general to bring suits under the measure, only the affected party or the Justice Department.