BILL ANALYSIS THIRD READING
AB 600
Speier (D)
9/9/93 in Senate
21
20-15, 9/1/93
(See vote on last page)
46-22, p. 2024, 5/27/93
SUBJECT: Commercial blockade
SOURCE: Author
____________________________________________________________________________
DIGEST: This bill would create the tort of commercial blockade.
This bill would provide that a person(s) who intentionally prevents another
šfrom entering or exiting a health care facility, or lawful business,
šprofessional or occupational facility, or who disrupts its normal
šfunctioning be liable in a court of law for damages.
Senate Floor Amendments of 9/9/93 expand the scope of the bill to include
šlawful business and professional or occupational facilities.
Senate Floor Amendments of 9/8/93 delete a portion of damages a plaintiff
šmay be awarded.
ANALYSIS: Existing law makes it a misdemeanor to intentionally prevent
šan individual from entering or exiting a health care facility, church, or
šschool.
Existing law makes it a misdemeanor for any person who intentionally
šinterferes with any lawful business or occupation carried on by the owner
šor agent of a business establishment open to the public, by obstructing or
šintimidating those attempting to carry on business, or their customers and
šwho refuses to leave when requested.
Existing law authorizes a court to award attorney's fees to a plaintiff who
šsuccessfully brings a civil damage actions against a defendant for conduct
šfor which the defendant was previously convicted of a felony.
This bill creates the tort of commercial blockade.
This bill provides that it is unlawful for a person, alone or in concert
šwith others, to intentionally prevent an individual from entering or
šexiting a health care facility, or lawful business, professional or
šoccupational facility by physically obstructing the individual's passage or
šby disrupting the normal functioning of that particular facility.
This bill provides that "aggrieved" persons, as defined, may seek civil
šdamages from those who committed the prohibited acts.
This bill further requires the court to take steps necessary to safeguard
šthe individual privacy and prevent harassment of a health care patient,
šemployee, client, or customer of a health care facility or lawful business,
šprofessional or occupational facility. In addition, health care patients,
šlicensed health practitioners, employees, clients and customers of the
šhealth care facility or lawful business, professional or occupational
šfacilities may use pseudonyms to protect their privacy.
This bill specifies that any constitutionally protected activity and labor
šactivities are not to be impaired by the provisions of this bill.
This bill provides the following definitions:
1. aggrieved
-- a person physically present at at health care facility when a
š commercial blockade occurs whose access obstructed or impeded;
-- a person physically present at the health care facility when a
š commercial blockade occurs whose health care is disrupted;
-- a health care facility where a commercial blockade occurs, its
š employees, contractors, or volunteers;
-- the owner of a health care facility where a commercial blockade
š occurs or of the building or property upon which the health care
facility is located.
2. "Disrupting the normal functioning of a facility" means intentionally
š rendering or attempting to render a health care facility or lawful
business, professional or occupational facility temporarily or
permanently unavailable or unusable by a licensed health practitioner,
employees, clients and customers of the health care facility or lawful
business, professional or occupational facility. "Disrupting the
normal functioning of a facility" does not include acts of the owner of
the facility, an agent acting on behalf of the owner, or officers or
employees of a governmental entity acting to protect the public health
or safety.
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AB 600
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3. "Health care facility" - a facility that provides health care services
š directly to patients, including, but not limited to, a hospital,
clinic, licensed health practitioner's office, health maintenance
organization, diagnostic or treatment center, neuropsychiatric or
mental health facility, hospice, or nursing home.
The purpose of this bill is to create the civil tort of commercial blockade
šand to establish the right of private persons and entities injured by such
šconduct to receive appropriate civil relief.
Prior Legislation
AB 1097 (Lee), Chapter 935, Statutes of 1992, passed the Senate 21-10.
FISCAL EFFECT: Appropriation: No Fiscal Committee: No Local: No
SUPPORT: (Verified 9/9/93)
American College of Obstetricians and Gynecologists
California NOW
Commission on the Status of Women
Planned Parenthood World Population Los Angeles
California Teachers Association
League of Women Voters of California
Californian for Population Stabilization
Planned Parenthood Affiliates of California
American Association of University Women
California Coalition of Nurse Practitioners
ARGUMENTS IN SUPPORT: The intent of this bill is to complement the
šprovisions of Penal Code Section 602.11 by making the pursuit of
šappropriate civil remedies more attractive.
Persons who intentionally blockade the entrances of the facilities
šidentified in Penal Code Section 602.11 frequently commit the tort of
štrespass. However, the damages incurred by the victim of the trespasser
šmay be of insufficient value to warrant a civil lawsuit. Most simply,
šafter deduction of attorney fees, the remaining award may be too small to
šwarrant prosecution.
This economic reality is the principal motivation for the enactment of Code
šof Civil Procedure Section 1021.9, which awards attorney fees to the
š
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"rural" victims of trespass. (See Haworth v. Lira (1991) 232
šCal.App.3d 1362 for a thorough analysis of the legislative history of
šSection 1021.9.)
In Haworth, the award of attorney fees equaled the damage award.
šClearly, without the award of fees, the trespass action in Haworth could
šnot have been prosecuted economically.
ASSEMBLY FLOOR VOTE:
SENATE FLOOR VOTE:
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AB 600
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RJG:lm 9/9/93 Senate Floor Analyses
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