BILL NUMBER:  S6112

 TITLE OF BILL :
An act to amend the penal law, in relation to the crime of aggravated
interference with health care services


 PURPOSE OR GENERAL IDEA OF BILL :
To protect doctors and other clinic workers from acts of violence
intended

 SUMMARY OF SPECIFIC PROVISIONS :
This bill does several things. First, it creates a new class E felony
("Aggravated interference with health care services in the second
degree) to cause physical injury to someone who is obtaining,
providing or assisting someone to obtain or provide reproductive
health services. Causing physical injury is typically a class A
misdemeanor.

2. It creates a new class C felony ("Aggravated interference with
health care services in the first degree") to cause serious physical
injury to someone who is obtaining, providing, or assisting someone to
obtain or provide reproductive health services. Causing serious
physical injury is typically a class D felony.

3. It makes certain conforming changes to the law to ensure that
              

repeat offenders of offenses involving interfering with reproductive
health care services are properly punished.

4. For the first time, it makes it a crime to cause such physical
injury and serious physical injury to volunteers who are assisting
others to obtain or to provide reproductive health care services
rather than just the actual provider of those services. It also
recognizes the harm caused to all others when exercising their
constitutional rights in this context by making the assault crimes
higher than they would otherwise be under the Penal Law.

 JUSTIFICATION :
Doctors and other staff who provide reproductive planning services
have been targeted by those who would seek to stop them from providing
these constitutionally protected services. Doctor George Tiller was
murdered in Kansas in May of 2009, by an assailant who disagreed with
his choice to provide family planning services and abortions in his
medical practice. Sadly, this was not the first time that Doctor
Tiller had been attacked. He had been shot several times in the past
because of his medical practice.

Dr. Tiller's murder is not an isolated incident. In 1998, here in New
York, Dr. Barnett Slepian was targeted and murdered by a criminal who
gunned down Dr. Slepian because he provided legal abortion services.
He left behind a wife and family.

Another Doctor, John Britton, and clinic escort, were both killed in
1994. Dr. David Gunn was killed in 1993 during a protest. Robert
Sanderson, a security guard at a clinic was also killed in 1998. Two
receptionists at clinics were killed in 1994. The list of casualties
goes on.

A total list of all incidents targeting practitioners and health
clinics is more than four pages long.  According to the National
Abortion Federation, since 1977 in the United States and Canada,
property crimes committed against abortion providers have included 41
bombings, 173 arsons, 91 attempted bombings or arsons, 619 bomb
threats, 1630 incidents of trespassing, 1264 incidents of vandalism,
and 100 attacks with butyric acid ("stink bombs"). In that same 32
year period, there have been 17 attempted murders, 383 death threats,
153 incidents of assault or battery, and 3 kidnappings committed
against abortion providers.

In order to provide for sustained access to legal services it is
important that state law provide for the protection of doctors and
other support staff This bill, should it be passed, will provide just
that.

 PRIOR LEGISLATIVE HISTORY :
NONE.

 FISCAL IMPLICATIONS :
NONE.

 EFFECTIVE DATE :
90 days after it shall become law.