assembly Bill A2260

2019-2020 Legislative Session

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

download bill text pdf

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2019 referred to codes

A2260 (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
2013-2014: A3368
2015-2016: A3454
2017-2018: A6869

A2260 (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.

A2260 (ACTIVE) - Bill Text download pdf


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

                                  2260

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
  tee 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.

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