Assembly Bill A804

2019-2020 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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2019-A804 (ACTIVE) - Details

See Senate Version of this Bill:
S1254
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:
2011-2012: A10788
2013-2014: A1188
2015-2016: A182
2017-2018: A276, S7364
2021-2022: A3902, S3021
2023-2024: A4596, S5761

2019-A804 (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

2019-A804 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    804
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. ABINANTI, PAULIN, PRETLOW, GALEF, JAFFEE -- 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".
   §  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.
   § 3. Section 240.70 of the penal law, as added by chapter 635  of  the
 laws of 1999, is amended to read as follows:
 §  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:
 
              

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