HB 4133 — “Access to Health Facilities Act”
Status: Introduced Feb 26, 2025; read first time and referred to the House Committee on Government Operations. Effective date (if enacted): 90 days after enactment.
Purpose
Creates a new statute (the “access to health facilities act”) to prohibit and penalize forceful interference with access to health facilities that provide reproductive health services, to provide civil remedies for victims, and to authorize enforcement by state and local prosecutors.
Key definitions
- Health facility: any entity licensed under Michigan’s Public Health Code providing reproductive health services (includes pharmacies and the building/structure housing the facility).
- Reproductive health services: medical, surgical, counseling, or referral services related to the human reproductive system, including pregnancy-related services and termination of pregnancy.
- Interfere with: restrict an individual’s freedom of movement.
- Intimidate: place an individual in reasonable apprehension of bodily harm.
- Physical obstruction: rendering ingress/egress to a facility impassable or unreasonably difficult/hazardous.
Criminal prohibitions and penalties
It is a crime to, by force, threat of force, or physical obstruction, intentionally injure, intimidate, or interfere with (or attempt to do so) an individual because they are, were, or to deter them (or others or a class of persons) from obtaining or providing reproductive health services — or to intentionally damage/destroy property of a health facility because it provides such services.
Penalties (selected):
- General violation: misdemeanor — up to 1 year imprisonment, fine up to $10,000, or both.
- Repeat violator (one or more prior convictions): felony — up to 3 years imprisonment, fine up to $25,000, or both.
- Nonviolent physical obstruction (exclusive): misdemeanor — up to 6 months, fine up to $10,000, or both; repeat obstruction — felony up to 1.5 years and fine up to $25,000.
- Violation causing bodily injury: felony — up to 10 years imprisonment.
- Violation causing death: felony — life imprisonment or any term of years.
- Exception: a parent/legal guardian acting exclusively with respect to their minor is not subject to penalties under the section (to the extent specified).
Civil remedies and enforcement
- Private right of action: an aggrieved individual or entity (or their legal representative) may seek injunctions, compensatory and punitive damages, costs, and reasonable attorneys’ and expert fees. Plaintiffs can elect statutory damages of $5,000 per violation in lieu of actual damages.
- Public enforcement: the Attorney General, a prosecuting attorney, or local government attorney may seek injunctions, compensatory damages for aggrieved individuals, civil fines, and other remedies. Civil fines authorized for public enforcement vary by offense (e.g., up to $10,000 or $25,000 depending on the subsection violated).
First Amendment and local-government provisions
- The act expressly does not prohibit expressive conduct protected by the U.S. Constitution or Michigan Constitution (e.g., peaceful picketing or demonstrations).
- It does not create new remedies for constitutionally protected expressive conduct occurring outside a health facility nor does it preempt local ordinances; it also does not interfere with local regulation/enforcement related to the performance of abortions or other reproductive services.
Who is affected
- Individuals who physically obstruct, intimidate, assault, or otherwise prevent patients or providers from accessing reproductive health services.
- Health facilities, patients, staff, and pharmacies providing reproductive health care.
- Law enforcement, prosecutors, and courts (criminal and civil enforcement).
- Local governments (coordination with local ordinances and enforcement).
Notes / Next steps
- Bill introduced Feb 26, 2025; pending committee consideration. If enacted, becomes effective 90 days after enactment.
