Assembly Bill A9227

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9227
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to certain crimes of inter-
   ference with health care services or religious worship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   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] SUCH PERSON intentionally 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 reproductive
 health services] ENGAGING IN LEGALLY PROTECTED HEALTH ACTIVITY; or
   (b) by force or threat of force or by  physical  obstruction,  [he  or
 she]  SUCH PERSON intentionally 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 reproductive health services]  ENGAGING  IN
 LEGALLY PROTECTED HEALTH ACTIVITY; or
   (c)  by  force  or  threat of force or by physical obstruction, [he or
 she] SUCH PERSON intentionally injures, intimidates or interferes  with,
 or  attempts  to  injure,  intimidate  or interfere with, another person
 because such person was or is seeking to exercise the right of religious
 freedom at a place of religious worship; or
   (d) [he or she] SUCH PERSON intentionally damages the  property  of  a
 health  care  facility,  OR  THE  PHYSICAL  LOCATION FROM WHICH A PERSON
 ENGAGES IN LEGALLY PROTECTED HEALTH ACTIVITY,  or  attempts  to  do  so,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13774-02-5
              

 A. 9227                             2
 
 because  such  facility  provides  reproductive  health  services OR THE
 LOCATION IS THE SITE OF LEGALLY PROTECTED  HEALTH  ACTIVITY,  or  inten-
 tionally damages the property of a place of religious worship.
   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 "interferes with" means to restrict a person's freedom of
 movement;
   (c) the term "intimidates" means  to  place  a  person  in  reasonable
 apprehension  of  physical injury to [himself or herself] THEMSELF or to
 another person;
   (d) 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)  the  term  "reproductive  health  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.] SHALL MEAN AND  INCLUDE
 ALL  SERVICES,  CARE,  OR  PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC,
 THERAPEUTIC, DIAGNOSTIC, MENTAL HEALTH, BEHAVIORAL HEALTH, PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING  NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN
 ACCORDANCE WITH THE CONSTITUTION AND THE LAWS  OF  THIS  STATE,  WHETHER
 PROVIDED  IN  PERSON  OR  BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES,
 WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SERVICES, CARE  AND  PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 MANAGEMENT  OR  THE  TERMINATION OF A PREGNANCY, AND SELF-MANAGED TERMI-
 NATIONS; AND
   (F) THE TERM  "LEGALLY  PROTECTED  HEALTH  ACTIVITY"  SHALL  MEAN  AND
 INCLUDE  THE  FOLLOWING ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS
 OF  REPRODUCTIVE  HEALTH  SERVICES,  TO  THE  EXTENT  THEY  ARE  NOT  IN
 VIOLATION  OF  THE CONSTITUTION OR THE LAWS OF THIS STATE, PROVIDED THAT
 SUCH PROVIDER IS PHYSICALLY PRESENT IN THE STATE:
   (I) THE EXERCISE OR ATTEMPTED EXERCISE BY  ANY  PERSON  OF  RIGHTS  TO
 REPRODUCTIVE  HEALTH  SERVICES AS SECURED BY THE CONSTITUTION OR LAWS OF
 THIS STATE OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH  SERVICES  OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID  OR  ENCOURAGE,  ANY PERSON IN THE EXERCISE OR ATTEMPTED EXERCISE OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS OF THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR  SUCH  SERVICES
 OR  CARE;  PROVIDED,  HOWEVER,  THAT  THE PROVISION OF SUCH REPRODUCTIVE
 HEALTH SERVICES BY A PERSON DULY LICENSED UNDER THE LAWS OF  THIS  STATE
 AND  PHYSICALLY  PRESENT  IN  THIS  STATE AND THE PROVISION OF INSURANCE
 COVERAGE FOR SUCH SERVICES OR CARE SHALL BE A LEGALLY  PROTECTED  HEALTH
 ACTIVITY  IF  THE  SERVICE  OR  CARE IS PERMITTED UNDER THE LAWS OF THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
 A. 9227                             3
 
   Criminal interference with health care services or  religious  worship
 in the second degree is a class [A misdemeanor] E FELONY.
   § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
 laws of 2009, is amended to read as follows:
 §  240.71  Criminal  interference with health care services or religious
              worship in the first degree.
   A person is guilty of criminal interference with health care  services
 or  religious  worship  in the first degree when [he or she] SUCH PERSON
 commits the crime of criminal interference with health care services  or
 religious worship in the second degree and has been previously convicted
 of the crime of criminal interference with health care services or reli-
 gious  worship  in the first or second degree or aggravated interference
 with health care services in the first or second degree.
   Criminal interference with health care services or  religious  worship
 in the first degree is a class [E] D felony.
   §  3.  Section 240.72 of the penal law, as added by chapter 493 of the
 laws of 2009, is amended to read as follows:
 § 240.72 Aggravated interference with health care services in the second
              degree.
   A person is guilty of the crime of aggravated interference with health
 care services in the second degree when [he or she] SUCH PERSON  commits
 the  crime  of  criminal interference with health care services or reli-
 gious worship in violation  of  paragraph  (a)  of  subdivision  one  of
 section  240.70  of  this  article and thereby causes physical injury to
 such other person who was  obtaining  or  providing,  or  was  assisting
 another person to obtain or provide reproductive health services.
   Aggravated interference with health care services in the second degree
 is a class [E] D felony.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.