H.R. 8239: Safeguarding Access to Congregations and Religious Establishments from Disruption Act

This bill, known as the Safeguarding Access to Congregations and Religious Establishments from Disruption Act (or SACRED Act), aims to enhance the protection of individuals exercising their First Amendment right to religious freedom at places of worship. Here are the key components of the bill:

Prohibited Activities

The bill prohibits certain conduct occurring within 100 feet of a place of religious worship. Specifically, it makes it illegal to:

• Engage in any course of conduct that aims to intimidate or obstruct individuals entering or exiting the place of worship, causing them to reasonably fear for their physical safety.
• Approach and harass someone seeking to exercise their right to religious freedom within 8 feet of that person.

Penalties for Violations

Violating these prohibitions could result in various penalties:

• For a first offense, violators may face fines or imprisonment of up to one year, or both.
• For subsequent offenses, the penalties increase, potentially leading to imprisonment of up to three years.
• If nonviolent conduct occurs, the fines and imprisonment terms are reduced for the first offenses but may increase for subsequent offenses, especially if bodily injury or death results.

Civil Remedies

The bill establishes civil remedies for those harmed by violations of the law. Individuals affected can initiate a civil action and may seek:

• Injunctive relief (temporary, preliminary, or permanent).
• Compensatory damages, punitive damages, and recovery of legal costs.
• A statutory damage award of $5,000 for each violation as an alternative to actual damages.

Actions by Attorney General

The bill allows the Attorney General of the United States or state attorneys general to file civil actions on behalf of individuals affected by the prohibited conduct, seeking similar remedies as outlined above.

Definitions

Key terms defined in the bill include:

• Obstruct: Making it difficult or hazardous for people to enter or exit a place of worship.
• Intimidate: Causing someone to feel immediate concern for their physical safety.
• Harass: Engaging in actions intended to cause fear of physical harm or significant emotional distress.
• Place of Religious Worship: Any building or space used primarily for religious activities, including associated areas like parking lots.

Rules of Construction

The bill clarifies that it does not prohibit lawful expressive conduct, such as peaceful demonstrations, outside places of worship and does not override state or local laws that may provide penalties or remedies.

Relevant Companies

• None found