2026 SESSION

SENATE SUBSTITUTE

26109882D

SENATE BILL NO. 137

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Joint Conference Committee

on March 14, 2026)

(Patron Prior to Substitute—Senator Pekarsky)

A BILL to amend the Code of Virginia by adding a section numbered 18.2-404.1, relating to obstructing reproductive health care facility; penalties.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-404.1 as follows:

§ 18.2-404.1. Obstructing reproductive health care facility; penalties.

A. As used in this section, unless the context requires a different meaning:

"Interfere with" means to restrict a person's freedom of movement.

"Intimidate" means to place a person in reasonable apprehension of bodily harm to himself or to another person.

"Physical obstruction" means rendering impassable ingress to or egress from a facility that provides reproductive health services or rendering passage to or from such facility unreasonably or unnecessarily difficult or hazardous to another person.

"Reproductive health care facility" a facility that provides reproductive health services and includes a hospital, clinic, and physician's office and the building or structure in which the facility is located.

"Reproductive health services" means reproductive health services provided in a hospital, clinic, physician's office, or other facility and includes any institution, place, building, or agency that is licensed, certified, or otherwise authorized or permitted by law in the Commonwealth to administer or provide medical treatment, including medical, surgical, counseling, or referral services relating to the human reproductive system such as pregnancy or termination of a pregnancy.

B. Any person who (i) by force or threat of force, or by physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, another person because such other person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services or (ii) intentionally damages or destroys, or attempts to damage or destroy, a reproductive health care facility because such facility provides reproductive health services is guilty of a Class 1 misdemeanor.

C. Nothing in this section shall be construed to place any restriction on the content of any message that anyone may wish to communicate to anyone else, either inside or outside the regulated areas.