1.307. Laws not to eliminate defense to a civil action or criminal prosecution based on federal, state or local civil rights--relevant circumstances defined.
Laws not to eliminate defense to a civil action or criminalprosecution based on federal, state or local civil rights--relevantcircumstances defined.
1.307. 1. Section 1.302 and this section apply to all state andlocal laws, resolutions and ordinances and the implementation of such laws,resolutions, and ordinances, whether statutory or otherwise, and whetheradopted before or after August 28, 2003.
2. Nothing in section 1.302 and this section shall be construed toauthorize any government to burden any religious belief, except thatnothing in these sections shall be construed to establish or eliminate adefense to a civil action or criminal prosecution based on a federal,state, or local civil rights law.
3. Nothing in section 1.302 and this section shall be construed asallowing any person to cause physical injury to another person, to possessa weapon otherwise prohibited by law, to fail to provide monetary supportfor a child or to fail to provide health care for a child suffering from alife-threatening condition.
4. "Relevant circumstances" may include legitimate penologicalinterests needed to protect the safety and security of incarcerated personsand correctional facilities, but shall not include reasonable requests byincarcerated individuals for the opportunity to pray, reasonable access toclergy, use of religious materials that are not violent or profane, andreasonable dietary requests.
(L. 2003 S.B. 12)