S T A T E O F N E W Y O R K
________________________________________________________________________
7365
I N S E N A T E
January 10, 2018
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed 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.
§ 2. The penal law is amended by adding a new section 240.29 to read
as follows:
§ 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.
§ 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
[ ] is old law to be omitted.