SENATE JUDICIARY COMMITTEE
STATEMENT TO
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 2260
with committee amendments
STATE OF NEW JERSEY
DATED: MAY 21, 2026
The Senate Judiciary Committee reports favorably and with committee amendments Senate Committee Substitute for Bill No. 2260.
As amended and reported by the committee, this substitute establishes certain protections for individuals engaging in reproductive health care activity, as well as certain protections for professionals who provide reproductive health care activity.
Crime: Interference with
Reproductive Health Care Services
The substitute creates the new crime of “interference with reproductive health care services.” A person is guilty of the crime if the person purposely or knowingly:
(1) inflicts or attempts to inflict bodily injury on another person, with the purpose to unlawfully restrict another’s access to or receipt or provision of reproductive health care services or to intimidate the person from becoming or remaining a patient, provider, volunteer, or assistant of reproductive health care activity, if the conduct would cause a reasonable person to be intimidated;
(2) physically obstructs any person seeking to enter into or exit from a health care services facility, with the purpose to unlawfully restrict another’s access to or receipt or provision of reproductive health care activity or to intimidate the person from becoming or remaining a patient, provider, volunteer, or assistant of reproductive health care activity, if the conduct would cause a reasonable person to be intimidated;
(3) intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person or entity: because that person or entity is a reproductive health care services patient, provider, volunteer, or assistant; or in order to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a patient, provider, volunteer, or assistant of reproductive health care services;
(4) damages, defaces, or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility provides, volunteers, assists with, or receives reproductive health care services; or
(5) causes a reasonable person to suffer: damage to the person’s business or personal reputation; financial harm; or pain and suffering, mental anguish, or emotional harm.
Interference with reproductive health care services is a crime of the fourth degree, except that it is a crime of the third degree if the victim suffers bodily injury, and a crime of the second degree if the victim suffers significant bodily injury or serious bodily injury.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to ten years imprisonment, a fine of up to $150,000, or both.
Civil Action: Interference
with Reproductive Health Care Services
The substitute also authorizes a civil action against a person who unlawfully interferes with another person’s reproductive health care services.
Under the substitute, a court may award:
(1) injunctive relief;
(2) compensatory damages in an amount not less than liquidated damages computed at the rate of $1,000 for each violation;
(3) punitive damages upon proof of willful or reckless disregard of the law;
(4) reasonable attorney’s fees and other litigation costs; and
(5) any other preliminary and equitable relief the court determines to be appropriate.
Under the substitute, the Attorney General may bring a civil action to enjoin a violation of the law, for compensatory damages, and for the assessment of a civil penalty against each person who violates the law. The civil penalty imposed on each actor will be up to, but will not exceed, $10,000 for a first violation, and $25,000 for any subsequent violation.
Applicability of Laws of Other States
The substitute establishes that a law that authorizes a person or government entity to bring a prosecution, civil action, or any other legal action to deter, prevent, sanction, or punish any person engaging, aiding, or assisting in providing or prescribing any reproductive health care activity is against the public policy of this State. Further, such laws are prohibited from being applied to any matter, case, or controversy heard in a State court or in an administrative tribunal of this State.
These prohibitions apply to reproductive health care activity within the State, and reproductive health care activity in accordance with State law including, but not limited to State law governing telemedicine and telehealth services.
The prohibitions do not apply to an action founded in tort, contract, or statute under the laws of this State, or under the similar laws of another state. The prohibitions also do not apply to an alleged act of malpractice or negligence by a person in the person’s profession or occupation.
Protection of Patient Information
P.L.2022, c.51 provided for certain protections with respect to the disclosure of patient information relating to reproductive health care activity, as well as protecting access to health care, medical services, and procedures related to an abortion for persons who come to this State from jurisdictions in which these actions are illegal. The substitute updates P.L.2022, c.51 to replace references to “reproductive health care services” with “reproductive health care activity,” as that term is defined in the substitute.
As amended, under the substitute, P.L.2022, c.51 provides that, in any civil action or other proceeding, a medical provider or other covered entity, as described under federal law concerning medical privacy and security, is barred from disclosing certain communications or information, unless the patient or patient’s conservator, guardian, or other authorized legal representative explicitly consented in writing to the disclosure. Those communications or information include:
(1) any communication made to the covered entity, or any information obtained by the covered entity from a patient or the conservator, guardian, or other authorized legal representative of a patient relating to reproductive health care activity; or
(2) any information obtained by personal examination of a patient relating to reproductive health care activity.
Additionally, under the substitute, P.L.2022, c.51 provides that a public entity or employee, appointee, officer, official or any other person acting on behalf of a public entity is prohibited from providing any information, or expending or using time, money, facilities, property, equipment, personnel or other resources, in furtherance of any interstate or, to the extent permitted by federal law, federal investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for reproductive health care activity.
Extradition
Under current law, N.J.S.A.2A:160-14.1 prevents
extradition as it relates to “reproductive health care activity.” This substitute
updates N.J.S.A.2A:160-14.1 to prevent a person from being extradited to
another state under certain circumstances related to “reproductive health care
activity,” as that term is defined under the substitute.
Protections for Persons who Provide Reproductive Health Care Services
With regard to a person who provides, receives, seeks, provides or seeks a referral for, or responds to an inquiry about, reproductive health care activity, or assists, advises, aids, abets, facilitates, solicits, or conspires with any person or entity that provides, receives, seeks, or responds to, an inquiry about reproductive health care activity, the substitute prohibits:
· a State or local law enforcement agency or officer from arresting or participating in the arrest of the person, unless the person has committed an offense or other violation of the laws of this State that would subject the person to an arrest.
· a State court, judicial officer, court employee or clerk, or authorized attorney from issuing a subpoena pursuant to the laws of another state, in connection with a proceeding in another state, or, to the extent permitted by federal law, in connection with a proceeding initiated by the federal government regarding the person, unless the subpoena is related to a legal proceeding for which the person would be subject to a subpoena under the laws of this State and pursuant to the Rules of Court.
· a State court, judicial officer, court employee or clerk, or authorized attorney from issuing a search warrant to search for or seize any property in connection with a proceeding in another state, or, to the extent permitted by federal law, in connection with a proceeding initiated by the federal government regarding the person, unless the warrant is related to a legal proceeding for which the person would be subject to a warrant pursuant to the laws of this State.
· a State court, judicial officer, court employee or clerk, or authorized attorney from issuing an ex parte order for wiretapping to obtain any wire, or any oral or electronic communication in connection with a legal proceeding in another state, or, to the extent permitted by federal law, in connection with a proceeding initiated by the federal government regarding the person, unless the person would be subject to an order for wiretapping under the laws of this State;
· a person licensed pursuant to the “Private Detective Act of 1939,” or the “Bounty Hunter Licensing Act,” from participating in the location or apprehension of the person.
These provisions apply to reproductive health care
activity within the State, and reproductive health care activity in accordance
with State law including, but not limited to State law governing telemedicine
and telehealth services.
COMMITTEE AMENDMENTS:
The committee amendments:
(1) remove the following terms and definitions: “entrance,” “gathering,” “impede,” and “social media”;
(2) revise the definition of “reproductive health care services”;
(3) provide that a public entity or employee of this State is prohibited from providing information or expending resources in furtherance of any federal investigation or proceeding permitted under federal law that seeks to impose civil or criminal liability upon a person or entity;
(4) expand the protections provided under the bill for persons who are charged with, or suspected or convicted of engaging in, reproductive health care activity by: prohibiting a State court, judicial officer, court employee, or clerk from issuing a subpoena, search warrant, or ex parte order for wiretapping in connection with a proceeding initiated under federal law, and prohibiting a party from submitting to an out-of-State summons for discovery or a witness from providing testimony related to a federal investigation permitted under federal law; and
(5) make other clarifying and technical amendments.