Senate Bill S5761A

2023-2024 Legislative Session

Enacts the reproductive health care facilities and religious worship access act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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Bill Amendments

co-Sponsors

2023-S5761 - Details

See Assembly Version of this Bill:
A4596
Current Committee:
Senate 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: S7364, A276
2019-2020: S1254, A804
2021-2022: S3021, A3902

2023-S5761 - Summary

Enacts the reproductive health care facilities and religious worship 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 or a place of religious worship; 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 or a place of religious worship; defines such premises

2023-S5761 - Sponsor Memo

2023-S5761 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5761
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sens. PARKER, MAYER -- read twice and ordered printed, and
   when printed to be committed 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.  Short  title. This act shall be known and may be cited as
 the "reproductive 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 CARE
 services or religious worship in the second degree when:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2023-S5761A (ACTIVE) - Details

See Assembly Version of this Bill:
A4596
Current Committee:
Senate 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: S7364, A276
2019-2020: S1254, A804
2021-2022: S3021, A3902

2023-S5761A (ACTIVE) - Summary

Enacts the reproductive health care facilities and religious worship 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 or a place of religious worship; 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 or a place of religious worship; defines such premises

2023-S5761A (ACTIVE) - Sponsor Memo

2023-S5761A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5761--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sens. PARKER, MAYER -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Codes -- recommitted
   to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05975-04-4
              

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