GOVERNOR'S VETO EXPLANATION (March 27, 1995)

In accordance with Article V, Section 6 of the Constitution of Virginia, I am vetoing this bill.

In my letter to the General Assembly of March 27, 1995 regarding this legislation I made clear my support for the stated objective of this bill -- protecting the patrons of health care clinics from violence and threats of violence. I also identified the defects in the bill that needed to be corrected in order for me to sign it.

The bill in its present form punishes completely non-violent and non-threatening conduct and denies similar protection to the patrons of facilities other than health care clinics. In so doing, it grievously offends the spirit of the First Amendment to the U.S. Constitution and provides inadequate protection from violence for the people of Virginia.

As I stated in my March 27 letter proposing amendments to broaden application of this bill, there is a pressing need to target violent misconduct at facilities accessed by the public, and that need extends to many types of facilities in addition to health care clinics. Since that letter, the tragedy in Oklahoma City has dramatically demonstrated that any type of facility, not just health care clinics, may be the unexpected site of wanton violence.

The General Assembly majority apparently has decided, however, that it is more interested in election-year politics than in providing protection from violence to men and women using publicly accessible facilities. Thus, it has purposely returned this bill in a form in which I have already stated it cannot be signed.

When the General Assembly majority is ready to place the interests of all law-abiding citizens ahead of the self-serving ideological goals of some politicians, I will be glad to sign valid legislation that effectively addresses violent conduct.

Until then, for the reasons, expressed to you well before the Reconvened Session, the bill cannot become law.

GOVERNOR'S RECOMMENDATION (March 27, 1995)

1. Page 1, enrolled, the first line of subsection B of § 18.2-404, after while in

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, adjacent to or on a health care facility

insert

any public place or on any private property

2. Page 1, enrolled, the second line of subsection B of § 18.2-404, after intentionally

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obstructs the free passage of other persons to and from or within such health care facility

insert

uses violence or the threat of violence against other persons with the result that the free passage of other persons to and from or within such place or property is obstructed

3. Page 1, enrolled, the fifth line of subsection B of § 18.2-404, after exit from

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the health care facility

insert

such place or property

4. Page 1, enrolled, the twelfth line of subsection B of § 18.2-404, at the beginning of the line

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"Health care facility" means a physician's office, or a facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital.