The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4596
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. BICHOTTE HERMELYN, PAULIN, PRETLOW, OTIS, JACOB-
   SON, LUNSFORD, SIMON,  SEAWRIGHT,  GLICK,  DICKENS,  BURDICK,  DAVILA,
   DINOWITZ -- 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 and religious worship
   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 and religious worship access act".
   § 2. Legislative intent. The  legislature  finds  that  the  right  to
 obtain  reproductive  health services and the right to religious worship
 are essential personal rights protected by state and federal law. Equal-
 ly, 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 Amendment.
   The  legislature  finds  that  current law does not adequately protect
 reproductive health care facilities or places of religious  worship  and
 those  who  work  in or seek services from or access to such facilities.
 Therefore, the legislature has determined that it is appropriate for the
 protection of the public health, safety and  welfare,  to  enact  legis-
 lation  to prohibit interference with access to reproductive health care
 services or places of religious worship, 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; protect the exercise  of  reli-
 gious freedom at places of religious worship and the well-being of those
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05975-02-3

 A. 4596                             2
 
 exercising their freedom of religion at places of religious worship; 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:
   (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] KNOWINGLY injures, intimidates or  interferes  with,  or
 attempts to injure, intimidate or interfere with, another person because
 such  person was or is seeking to exercise, OR ASSISTING IN THE EXERCISE
 OF the right of religious freedom at a place of religious worship; or
   (d) he or she [intentionally] KNOWINGLY  damages  the  property  of  a
 health  care  facility,  or  attempts  to  do  so, because such facility
 provides reproductive 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
 CARE SERVICES WHEN SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN  REASONABLE
 FEAR OF HARM; OR
   (F)  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 PLACE OF RELIGIOUS
 WORSHIP IN ORDER  TO  DISCOURAGE  ANOTHER  PERSON  FROM  EXERCISING,  OR
 ASSISTING IN EXERCISING, THEIR RIGHT OF RELIGION AT A PLACE OF RELIGIOUS
 WORSHIP  WHEN  SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN REASONABLE FEAR
 OF HARM; OR
   (G) WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO, OR WITHIN, A REPRODUC-
 TIVE HEALTH CARE SERVICES FACILITY, HE OR SHE INTENTIONALLY  VIDEOTAPES,
 FILMS,  PHOTOGRAPHS,  OR  RECORDS  BY  ELECTRONIC  MEANS, A REPRODUCTIVE
 HEALTH CARE SERVICES PATIENT, PERSON ASSISTING THE  REPRODUCTIVE  HEALTH
 CARE  SERVICES  PATIENT,  PROVIDER,  OR ASSISTANT, WITHOUT THAT PERSON'S
 CONSENT WITH SPECIFIC INTENT TO INTIMIDATE THE PERSON FROM  BECOMING  OR
 REMAINING  A REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PERSON ASSISTING
 THE REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER,  OR  ASSISTANT,
 AND THEREBY CAUSES THE PERSON TO BE INTIMIDATED; OR
   (H)  IN  ANY  MANNER OR FORUM, INCLUDING, BUT NOT LIMITED TO, INTERNET
 WEBSITES AND SOCIAL MEDIA, HE OR SHE INTENTIONALLY DISCLOSES OR DISTRIB-
 UTES A VIDEOTAPE, FILM, PHOTOGRAPH, OR RECORDING KNOWING IT WAS OBTAINED
 IN VIOLATION OF PARAGRAPH (G) OF  THIS  SUBDIVISION  WITH  THE  SPECIFIC
 INTENT  TO  INTIMIDATE THE PERSON FROM BECOMING OR REMAINING A REPRODUC-
 A. 4596                             3
 
 TIVE HEALTH CARE SERVICES PATIENT,  PERSON  ASSISTING  THE  REPRODUCTIVE
 HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, AND THEREBY CAUSES
 THE PERSON TO BE INTIMIDATED; OR
   (I)   HE  OR  SHE  KNOWINGLY  PUBLICLY  POSTS  OR  PUBLICLY  DISPLAYS,
 DISCLOSES, OR DISTRIBUTES ON INTERNET  WEBSITES  OR  SOCIAL  MEDIA,  THE
 PERSONAL  INFORMATION  OR IMAGE OF ANY REPRODUCTIVE HEALTH CARE SERVICES
 PATIENT, PERSON ASSISTING THE REPRODUCTIVE HEALTH CARE SERVICES PATIENT,
 PROVIDER, OR ASSISTANT, OR OTHER INDIVIDUALS RESIDING AT THE  SAME  HOME
 ADDRESS WITH THE INTENT TO DO EITHER OF THE FOLLOWING:
   (I)  INCITE  A THIRD PERSON TO CAUSE IMMINENT GREAT BODILY HARM TO THE
 REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PERSON ASSISTING  THE  REPRO-
 DUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, IDENTIFIED
 IN THE POSTING OR DISPLAY, OR TO A CO-RESIDENT OF THAT PERSON, WHERE THE
 THIRD PERSON IS LIKELY TO COMMIT THIS HARM; OR
   (II)  THREATENS  THE REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PERSON
 ASSISTING THE REPRODUCTIVE HEALTH CARE SERVICES  PATIENT,  PROVIDER,  OR
 ASSISTANT,  IDENTIFIED  IN  THE  POSTING OR DISPLAY, OR A CO-RESIDENT OF
 THAT PERSON, IN A MANNER THAT PLACES THE PERSON IDENTIFIED OR THE CO-RE-
 SIDENT IN OBJECTIVELY REASONABLE FEAR FOR THEIR PERSONAL SAFETY.
   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  "IMAGE" INCLUDES, BUT IS NOT LIMITED TO, A PHOTOGRAPH,
 VIDEO FOOTAGE, SKETCH, OR COMPUTER-GENERATED IMAGE THAT PROVIDES A MEANS
 TO VISUALLY IDENTIFY THE PERSON DEPICTED;
   (C) 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 OR ACCESS TO OR FROM A PLACE OF
 RELIGIOUS WORSHIP OR DELIVERY OF GOODS TO A PLACE OF RELIGIOUS WORSHIP;
   [(c)] (D) the term "intimidates" means to place a person in reasonable
 apprehension of physical injury to himself  or  herself  or  to  another
 person;
   [(d)] (E) THE TERM "PERSONAL INFORMATION" MEANS INFORMATION THAT IDEN-
 TIFIES,  RELATES TO, DESCRIBES, OR IS CAPABLE OF BEING ASSOCIATED WITH A
 REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PERSON ASSISTING  THE  REPRO-
 DUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, INCLUDING,
 BUT NOT LIMITED TO, THEIR NAME, SIGNATURE, SOCIAL SECURITY NUMBER, PHYS-
 ICAL CHARACTERISTICS OR DESCRIPTION, ADDRESS, TELEPHONE NUMBER, PASSPORT
 NUMBER,  DRIVER'S  LICENSE  OR STATE IDENTIFICATION CARD NUMBER, LICENSE
 PLATE NUMBER, EMPLOYMENT, EMPLOYMENT HISTORY, AND FINANCIAL INFORMATION;
   (F) 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)]  (G)  THE  TERM  "PUBLICLY  POST"  OR "PUBLICLY DISPLAY" MEANS TO
 INTENTIONALLY COMMUNICATE OR OTHERWISE MAKE  AVAILABLE  TO  THE  GENERAL
 PUBLIC;
 A. 4596                             4
 
   (H)  the  term  "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[.];
   (I) 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;
   (J) THE TERM "PREMISES OF A PLACE OF RELIGIOUS WORSHIP" MEANS A STRUC-
 TURE OR SPACE WHERE INDIVIDUALS OR A GROUP OF PEOPLE  COME  TO  EXERCISE
 THEIR  RIGHT  OF  RELIGIOUS WORSHIP AND INCLUDES THE DRIVEWAY, ENTRANCE,
 ENTRYWAY OR EXIT OF SUCH STRUCTURE OR SPACE, ANY PARKING  LOT  IN  WHICH
 THE  STRUCTURE  OR  SPACE HAS AN OWNERSHIP OR LEASEHOLD INTEREST AND ANY
 PUBLIC PARKING LOTS WITHIN TWO HUNDRED FEET OF THE  STRUCTURE  OR  SPACE
 WHICH SERVES THE STRUCTURE OR SPACE;
   (K)  THE  TERM  "REPRODUCTIVE  HEALTH  CARE  SERVICES  PATIENT, PERSON
 ASSISTING THE REPRODUCTIVE HEALTH CARE  SERVICES  PATIENT,  PROVIDER  OR
 ASSISTANT"  MEANS  A  PERSON  OR  ENTITY, INCLUDING, BUT NOT LIMITED TO,
 EMPLOYEES, STAFF, VOLUNTEERS, AND THIRD-PARTY VENDORS, THAT  IS  OR  WAS
 INVOLVED IN OBTAINING, SEEKING TO OBTAIN, PROVIDING, SEEKING TO PROVIDE,
 OR  ASSISTING  OR  SEEKING  TO  ASSIST  ANOTHER PERSON, AT THAT PERSON'S
 REQUEST, TO OBTAIN OR PROVIDE ANY SERVICES IN A REPRODUCTIVE HEALTH CARE
 SERVICES FACILITY, OR A PERSON OR ENTITY THAT  IS  OR  WAS  INVOLVED  IN
 OWNING  OR  OPERATING OR SEEKING TO OWN OR OPERATE A REPRODUCTIVE HEALTH
 CARE SERVICES FACILITY; AND
   (L) THE TERM "SOCIAL MEDIA" MEANS AN ELECTRONIC   SERVICE OR  ACCOUNT,
 OR  ELECTRONIC  CONTENT, INCLUDING, BUT NOT LIMITED  TO, VIDEOS OR STILL
 PHOTOGRAPHS, BLOGS, VIDEO BLOGS, PODCASTS, INSTANT   AND TEXT  MESSAGES,
 EMAIL,  ONLINE  SERVICES  OR ACCOUNTS, OR INTERNET   WEBSITE PROFILES OR
 LOCATIONS.
   Criminal interference with health care services or  religious  worship
 in the second degree is a class A misdemeanor.
   §  4.  Section 79-m of the civil rights law, as amended by chapter 566
 of the laws of 2008, is amended to read as follows:
   § 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 OR PREMISES OF A PLACE OF
 RELIGIOUS WORSHIP 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
 A. 4596                             5
 
 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 INTERFERENCE WITH HEALTH CARE SERVICES IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.72 OF THE PENAL LAW,  OR  AGGRA-
 VATED  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 SUBDIVISION, 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 SUBDIVISION OR BE CONSTRUED TO REQUIRE THAT
 ANY OF THE RULES GOVERNING A CRIMINAL PROCEEDING BE  APPLICABLE  TO  ANY
 SUCH CIVIL ACTION. A PLAINTIFF IN A CIVIL CAUSE OR ACTION BROUGHT PURSU-
 ANT  TO  THIS  SUBDIVISION MAY SEEK ANY RELIEF AVAILABLE CONSISTENT WITH
 THE CIVIL PRACTICE LAW AND RULES, INCLUDING INJUNCTIVE RELIEF.
   § 5. 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-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.