Assembly Bill A10788

2011-2012 Legislative Session

Enacts the reproductive health care facilities access act

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10788 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.70, Pen L; amd §79-m, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A1188
2015-2016: A182
2017-2018: A276
2019-2020: A804
2021-2022: A3902
2023-2024: A4596

2011-A10788 (ACTIVE) - Summary

Enacts the reproductive health care facilities access act; provides that the crime of criminal interference with health care services or religious worship shall be established by the mens rea of knowingly injuring, intimidating or interfering with a person obtaining or providing or assisting in obtaining or providing reproductive health services; includes in the definition of such crime engaging in a course of conduct or repeatedly committing acts within twenty-five feet of the premises of a reproductive health care facility; defines such premises

2011-A10788 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10788

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Abinanti,
  Paulin, Mayer, Galef, Latimer, Pretlow) -- read once and  referred  to
  the Committee on Codes

AN  ACT  to amend the penal law and the civil rights law, in relation to
  enacting the reproductive health care facilities access act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "reproduc-
tive health care facilities access act".
  S 2. Legislative intent. The  legislature  finds  that  the  right  to
obtain  reproductive  health  services  is  an  essential personal right
protected by state and federal law.  Equally,  the  right  to  peaceably
protest  and  express one's views is protected by state and federal law.
Such actions include, but are not limited to, the right to speak, march,
demonstrate, or engage in other activity protected by the  First  Amend-
ment.
  The  legislature  finds  that  current law does not adequately protect
reproductive health care facilities  and  those  who  work  in  or  seek
services from such facilities. Therefore, the legislature has determined
that  it  is appropriate for the protection of the public health, safety
and welfare, to enact legislation to prohibit interference  with  access
to  reproductive  health  care  services, so that persons harmed by such
conduct can seek redress in the courts and the state can obtain  injunc-
tive  relief  and  damages.  Furthermore, the legislature has determined
that it is appropriate to enact this legislation to: ensure public safe-
ty and order; protect freedom to receive reproductive  health  services;
advance medical privacy and the well-being of patients seeking reproduc-
tive health care services at facilities; and safeguard private property.
  S  3.  Section 240.70 of the penal law, as added by chapter 635 of the
laws of 1999, is amended to read as follows:
S 240.70 Criminal interference with health care  services  or  religious
           worship in the second degree.
  1. A person is guilty of criminal interference with health services or
religious worship in the second degree when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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