assembly Bill A3368

2013-2014 Legislative Session

Defines as aggravated harassment in the third degree photographing persons entering or leaving reproductive health care services facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 25, 2013 referred to codes

A3368 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.29, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1400
2011-2012: A2970
2015-2016: A3454
2017-2018: A6869
2019-2020: A2260

A3368 (ACTIVE) - Summary

Defines photographing (whether by still or moving pictures) persons entering or leaving reproductive health care services facilities as aggravated harassment in the third degree; exempts constitutionally protected conduct and activities regulated by certain federal labor laws.

A3368 (ACTIVE) - Bill Text download pdf

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

                                  3368

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to aggravated harassment in
  the third degree

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

  Section  1.  Section  240.00 of the penal law is amended by adding two
new subdivisions 7 and 8 to read as follows:
  7. "REPRODUCTIVE HEALTH CARE  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
THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO  PREGNANCY
OR THE TERMINATION OF A PREGNANCY.
  8.  "FACILITY"  MEANS  A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER
FACILITY THAT PROVIDES REPRODUCTIVE HEALTH CARE SERVICES,  AND  INCLUDES
THE BUILDING OR STRUCTURE IN WHICH THE FACILITY IS LOCATED.
  S  2.  The penal law is amended by adding a new section 240.29 to read
as follows:
S 240.29 AGGRAVATED HARASSMENT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT IN THE THIRD  DEGREE  WHEN
HE  OR  SHE PHOTOGRAPHS, WHETHER BY STILL OR MOVING PICTURES, ANY PERSON
ENTERING OR LEAVING A FACILITY THAT PROVIDES  REPRODUCTIVE  HEALTH  CARE
SERVICES.
  THIS  SECTION  DOES  NOT  APPLY  TO  ANY EXPRESSIVE CONDUCT (INCLUDING
PEACEFUL PICKETING OR OTHER PEACEFUL DEMONSTRATION) PROTECTED FROM LEGAL
PROHIBITION BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION  OR
SECTION  EIGHT OF ARTICLE ONE OF THE STATE CONSTITUTION OR TO ACTIVITIES
REGULATED BY THE NATIONAL LABOR RELATIONS ACT, AS AMENDED,  THE  RAILWAY
LABOR  ACT,  AS AMENDED, OR THE FEDERAL EMPLOYMENT LABOR MANAGEMENT ACT,
AS AMENDED.
  AGGRAVATED HARASSMENT IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets