Senate Bill S10359

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10359
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting  persons  from
   protesting within twenty-five feet of houses of worship
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 240.80  to
 read as follows:
 § 240.80 CRIMINAL  INTERFERENCE  WITH  RELIGIOUS  WORSHIP  IN THE SECOND
            DEGREE.
   1. A PERSON IS GUILTY OF CRIMINAL INTERFERENCE WITH RELIGIOUS  WORSHIP
 IN THE SECOND DEGREE WHEN:
   (A)  BY  FORCE  OR  THREAT  OF  FORCE OR BY PHYSICAL OBSTRUCTION, 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
   (B) SUCH PERSON INTENTIONALLY DAMAGES THE PROPERTY OF A PLACE OF RELI-
 GIOUS WORSHIP; OR
   (C) SUCH PERSON OR PERSONS ENGAGES IN PROTEST OUTSIDE A PLACE OF RELI-
 GIOUS WORSHIP WITHIN TWENTY-FIVE FEET OF SUCH PLACE TO INCLUDE ITS PARK-
 ING LOT, ENTRANCE, DRIVEWAY OR DRIVEWAY ENTRANCE; OR
   (D)  SUCH  PERSON OR PERSONS PREVENTS THE ENTRANCE TO A PLACE OF RELI-
 GIOUS WORSHIP OR PREVENTS THE EXIT FROM A PLACE OF RELIGIOUS WORSHIP.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) THE TERM "INTERFERES WITH" MEANS TO RESTRICT A PERSON'S FREEDOM OF
 MOVEMENT; AND
   (B) THE TERM "INTIMIDATES" MEANS  TO  PLACE  A  PERSON  IN  REASONABLE
 APPREHENSION OF PHYSICAL INJURY TO THEMSELVES OR TO ANOTHER PERSON.
   CRIMINAL  INTERFERENCE  WITH OR RELIGIOUS WORSHIP IN THE SECOND DEGREE
 IS A CLASS A MISDEMEANOR.
   § 2. The penal law is amended by adding a new section 240.81  to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14578-02-6
              

 S. 10359                            2
 
 § 240.81 CRIMINAL  INTERFERENCE  WITH  RELIGIOUS  WORSHIP  IN THE SECOND
            DEGREE.
   A  PERSON IS GUILTY OF CRIMINAL INTERFERENCE WITH RELIGIOUS WORSHIP IN
 THE FIRST DEGREE WHEN SUCH PERSON COMMITS THE CRIME OF  CRIMINAL  INTER-
 FERENCE  WITH RELIGIOUS WORSHIP IN THE SECOND DEGREE AND HAS BEEN PREVI-
 OUSLY CONVICTED OF THE CRIME OF  CRIMINAL  INTERFERENCE  WITH  RELIGIOUS
 WORSHIP IN THE FIRST OR SECOND DEGREE.
   CRIMINAL  INTERFERENCE WITH RELIGIOUS WORSHIP IN THE FIRST DEGREE IS A
 CLASS E FELONY.
   § 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] 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
 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  attempts  to  do  so,  because  such  facility
 provides  reproductive  health  services[,  or intentionally 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] THEMSELVES 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
 S. 10359                            3

 the human reproductive system, including services relating to  pregnancy
 or the termination of a pregnancy.
   Criminal interference with health care services [or religious worship]
 in the second degree is a class A misdemeanor.
   § 4. 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 religious worship] in the first or second degree or  aggra-
 vated  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 felony.
   § 5. This act shall take effect immediately.