Assembly Bill A9335

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9335
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced  by  M.  of  A. LASHER, ROZIC, DINOWITZ, LEE, PAULIN, SIMONE,
   DeSTEFANO, JENSEN, NORBER -- 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.  The  section  heading, subdivision 1 and subdivision 3 of
 section 240.70 of the penal law, as added by chapter 635 of the laws  of
 1999, are amended to read as follows:
 Criminal  interference with health care services or ACCESS TO A PLACE OF
            religious worship in the second degree.
   1. A person is guilty of criminal interference with health services or
 ACCESS TO A PLACE OF 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; 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; 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]  WHEN  such person [was or is seeking to exercise the right of
 religious freedom at] SEEKS TO ENTER a place of religious worship, OR TO
 EXERCISE THE RIGHT OF RELIGIOUS FREEDOM THEREIN; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14158-02-5
 A. 9335                             2
              

 
   (d) [he or she] SUCH PERSON intentionally 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)  GROUPS OF TWO OR MORE PEOPLE DEMONSTRATING OR PREPARING TO DEMON-
 STRATE OUTSIDE OF A REPRODUCTIVE HEALTH CARE FACILITY FAIL  TO  MAINTAIN
 TWENTY-FIVE  FEET  OF DISTANCE FROM SUCH FACILITY, INCLUDING ITS PARKING
 LOT ENTRANCES, DRIVEWAY AND DRIVEWAY ENTRANCES OF SUCH FACILITIES; OR
   (F) GROUPS OF TWO OR MORE PEOPLE DEMONSTRATING OR PREPARING TO  DEMON-
 STRATE  OUTSIDE OF A PLACE OF RELIGIOUS WORSHIP FAIL TO MAINTAIN TWENTY-
 FIVE FEET OF DISTANCE FROM SUCH  A  PLACE,  INCLUDING  ITS  PARKING  LOT
 ENTRANCES, DRIVEWAY AND DRIVEWAY ENTRANCES OF SUCH FACILITIES.
   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 AND SHALL INCLUDE THE DRIVE, ENTRANCE, ENTRYWAY, OR EXIT  AND
 ANY PUBLIC WAY OR SIDEWALK THAT TOUCHES SUCH PLACES;
   (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[.]; AND
   (F) THE TERM "PLACE OF RELIGIOUS WORSHIP"  SHALL  MEAN  ANY  BUILDING,
 STRUCTURE,  OR  SPACE, WHETHER PUBLIC OR PRIVATE, THAT IS USED PRIMARILY
 FOR RELIGIOUS SERVICES,  OBSERVANCE,  PRAYER,  ASSEMBLY,  OR  DEVOTIONAL
 PRACTICE  AND  SHALL  INCLUDE THE DRIVE, ENTRANCE, ENTRYWAY, OR EXIT AND
 ANY PUBLIC WAY OR SIDEWALK THAT TOUCHES SUCH PLACES.
   § 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 ACCESS TO  A
              PLACE OF religious worship in the first degree.
   A  person is guilty of criminal interference with health care services
 or ACCESS TO A PLACE OF religious worship in the first degree  when  [he
 or  she]  SUCH  PERSON  commits  the crime of criminal interference with
 health care services or ACCESS TO A PLACE OF religious  worship  in  the
 second degree and has been previously convicted of the crime of criminal
 interference with health care services or ACCESS TO A PLACE OF religious
 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 ACCESS TO  A  PLACE
 OF religious worship in the first degree is a class E felony.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.