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

                                  1188

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ABINANTI, PAULIN, MAYER, GALEF, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03620-01-3
              

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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:
  (a)  by force or threat of force or by physical obstruction, he or she
[intentionally] KNOWINGLY injures, intimidates or  interferes  with,  or
attempts to injure, intimidate or interfere with, another person because
such  other  person  was  or  is obtaining or providing, OR ASSISTING IN
OBTAINING OR PROVIDING, reproductive health services; or
  (b) by force or threat of force or by physical obstruction, he or  she
[intentionally]  KNOWINGLY  injures,  intimidates or interferes with, or
attempts to injure, intimidate or  interfere  with,  another  person  in
order  to  discourage  such  other person or any other person or persons
from obtaining or providing, OR ASSISTING  IN  OBTAINING  OR  PROVIDING,
reproductive health services; or
  (c)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  attempts  to
injure, intimidate or interfere with, another person because such person
was  or is seeking to exercise the right of religious freedom at a place
of religious worship; or
  (d) he or she intentionally damages the  property  of  a  health  care
facility, or attempts to do so, because such facility provides reproduc-
tive  health  services, or intentionally damages the property of a place
of religious worship[.]; OR
  (E) HE OR SHE ENGAGES IN A COURSE OF  CONDUCT  OR  REPEATEDLY  COMMITS
ACTS,  OR ATTEMPTS TO ENGAGE IN A COURSE OF CONDUCT OR REPEATEDLY COMMIT
ACTS, WITHIN TWENTY-FIVE FEET OF THE PREMISES OF A  REPRODUCTIVE  HEALTH
CARE  FACILITY  IN  ORDER TO DISCOURAGE ANOTHER PERSON FROM OBTAINING OR
PROVIDING, OR ASSISTING IN OBTAINING OR PROVIDING,  REPRODUCTIVE  HEALTH
SERVICES  WHEN SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN REASONABLE FEAR
OF HARM.
  2. A parent or legal guardian of a minor shall not be subject to pros-
ecution for conduct otherwise prohibited by [paragraph (a)  or  (b)  of]
subdivision  one  of  this section which is directed exclusively at such
minor.
  3. For purposes of this section:
  (a) the term "health care facility" means a hospital,  clinic,  physi-
cian's  office  or  other  facility  that  provides  reproductive health
services, and includes the building or structure in which  the  facility
is located;
  (b) the term "interferes with" means to restrict a person's freedom of
movement AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ACTIVITIES THAT
RESTRICT  OR ATTEMPT TO RESTRICT ACCESS TO OR FROM A HEALTH CARE FACILI-
TY, THE PERFORMANCE OF MEDICAL PROCEDURES AT A HEALTH CARE  FACILITY  OR
THE DELIVERY OF GOODS TO SUCH A FACILITY;
  (c)  the  term  "intimidates"  means  to  place a person in reasonable
apprehension of physical injury to himself  or  herself  or  to  another
person;
  (d) the term "physical obstruction" means rendering impassable ingress
to  or egress from a facility that provides reproductive health services
or to or from a place of religious worship, or rendering passage  to  or
from  such  a facility or place of religious worship unreasonably diffi-
cult or hazardous; [and]
  (e) the term "reproductive health services" means health care services
provided in a hospital, clinic, physician's office or other facility and
includes medical, surgical, counseling or referral services relating  to

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the  human reproductive system, including services relating to pregnancy
or the termination of a pregnancy[.]; AND
  (F) THE TERM "PREMISES OF A REPRODUCTIVE HEALTH CARE FACILITY" MEANS A
HEALTH  CARE  FACILITY  AND INCLUDES THE DRIVEWAY, ENTRANCE, ENTRYWAY OR
EXIT OF SUCH FACILITY, ANY PARKING LOT IN  WHICH  THE  FACILITY  HAS  AN
OWNERSHIP  OR  LEASEHOLD INTEREST AND ANY PUBLIC PARKING LOTS WITHIN TWO
HUNDRED FEET OF THE FACILITY WHICH SERVE THE FACILITY.
  Criminal interference with health care services or  religious  worship
in the second degree is a class A misdemeanor.
  S  3.  Section 79-m of the civil rights law, as amended by chapter 566
of the laws of 2008, is amended to read as follows:
  S 79-m. Criminal interference with  health  care  services,  religious
worship,  funeral, burial or memorial service; injunction; CIVIL ACTION.
1. Whenever the attorney general or  district  attorney  of  the  county
where  the affected health care facility, place of religious worship, or
site of a funeral, burial or memorial service is located has  reasonable
cause to believe that any person or group of persons is being, has been,
or may be injured by conduct constituting a violation of section 240.21,
240.70  [or],  240.71,  240.72  OR 240.73 of the penal law, the attorney
general or district attorney may bring an action  in  the  name  of  the
people of the state of New York to permanently enjoin such violation. In
such  action preliminary and temporary relief may be granted under arti-
cle sixty-three of the civil practice law and rules.
  2. A CIVIL CLAIM OR CAUSE OF ACTION TO RECOVER  FROM  A  DEFENDANT  AS
HEREINAFTER  DEFINED,  FOR  PHYSICAL,  PSYCHOLOGICAL  OR OTHER INJURY OR
CONDITION SUFFERED BY A PERSON, INCLUDING ANY PERSON  WHOSE  ABILITY  TO
ACCESS  THE  PREMISES OF A HEALTH CARE FACILITY HAS BEEN INTERFERED WITH
OR ANY OWNER OR OPERATOR OF SUCH A FACILITY OR OWNER OF  A  BUILDING  IN
WHICH  SUCH FACILITY IS LOCATED OR ANY EMPLOYEE OR VOLUNTEER WORKING FOR
SUCH A FACILITY, AS A RESULT   OF ACTS BY  SUCH  DEFENDANT  OF  CRIMINAL
INTERFERENCE  WITH  HEALTH  CARE  SERVICES  OR  RELIGIOUS WORSHIP IN THE
SECOND DEGREE AS DEFINED IN SECTION 240.70 OF THE  PENAL  LAW,  CRIMINAL
INTERFERENCE WITH HEALTH CARE SERVICES OR RELIGIOUS WORSHIP IN THE FIRST
DEGREE  AS DEFINED IN SECTION 240.71 OF THE PENAL LAW, AGGRAVATED INTER-
FERENCE WITH HEALTH CARE SERVICES IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  240.72 OF THE PENAL LAW, OR AGGRAVATED INTERFERENCE WITH HEALTH
CARE SERVICES IN THE FIRST DEGREE AS DEFINED IN SECTION  240.73  OF  THE
PENAL  LAW  MAY BE BROUGHT   WITHIN FIVE YEARS. AS USED IN THIS SUBDIVI-
SION, THE TERM "DEFENDANT" SHALL MEAN ONLY A PERSON WHO COMMITS THE ACTS
DESCRIBED IN THIS SUBDIVISION OR WHO, IN A CRIMINAL PROCEEDING, COULD BE
CHARGED WITH CRIMINAL LIABILITY FOR THE COMMISSION OF SUCH ACTS PURSUANT
TO SECTION 20.00 OF THE PENAL LAW AND SHALL NOT  APPLY  TO  ANY  RELATED
CIVIL  CLAIM  OR CAUSE OF ACTION ARISING FROM SUCH ACTS. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE  BROUGHT
OR  A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF BRINGING A CIVIL
CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS  SUBDIVI-
SION OR BE CONSTRUED TO REQUIRE THAT ANY OF THE RULES GOVERNING A CRIMI-
NAL  PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION. A PLAINTIFF IN A
CIVIL CAUSE OR ACTION BROUGHT PURSUANT TO THIS SUBDIVISION MAY SEEK  ANY
RELIEF  AVAILABLE  CONSISTENT  WITH  THE  CIVIL  PRACTICE LAW AND RULES,
INCLUDING INJUNCTIVE RELIEF.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-

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graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.