Amendment103rd Congress
Amendment in the nature of a substitute sought to specify that actions prohibited must occur near a clinic, or near the home of an individual; specify that people "lawfully engaged in activities protected by" the First Amendment are exempt from penalties; exempt parents or legal guardians from penalties when their activities are directed at their minor child; make physical obstruction a crime only if it is accompanied by force or threats of force; provide that people harmed can not sue for punitive damages, but only for actual damages; and set standards that must be met before a court can issue an injunction.
- Amendment Number
- 405
- Description
- Amendment in the nature of a substitute sought to specify that actions prohibited must occur near a clinic, or near the home of an individual; specify that people "lawfully engaged in activities protected by" the First Amendment are exempt from penalties; exempt parents or legal guardians from penalties when their activities are directed at their minor child; make physical obstruction a crime only if it is accompanied by force or threats of force; provide that people harmed can not sue for punitive damages, but only for actual damages; and set standards that must be met before a court can issue an injunction.
- Purpose
- 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.
- Congress
- 103
- Type
- HAMDT
- Latest Action Date
- Nov 18, 1993
- Latest Action Text
- On agreeing to the Smith (NJ) amendment (A004) Failed by recorded vote: 177 - 255 (Roll no. 580).
- Latest Action Time
- 16:24:05
- Submitted Date
- Nov 18, 1993
- Chamber
- House of Representatives
- Update Date
- Aug 15, 2021