A10788-2011 Actions

• Jun 19, 2012: referred to codes

A10788-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10788
 I N  ASSEMBLY
 June 19, 2012
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Abinanti,
 Paulin, Mayer, Galef, Latimer, Pretlow) -- 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 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 access act".
 

S 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.
 

S  3. 

Section 240.70 of the penal law, as added by chapter 635 of the
 laws of 1999, is amended to read as follows:

 

S 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16325-01-2
 
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 (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  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  intentionally  damages the property of a health care
 facility, or attempts to do so, because such facility provides reproduc
 tive 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
 SERVICES WHEN SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN REASONABLE  FEAR
 OF HARM.
 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 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;
 (c) the term "intimidates" means  to  place  a  person  in  reasonable
 apprehension  of  physical  injury  to  himself or herself 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 "PREMISES OF A REPRODUCTIVE HEALTH CARE FACILITY" MEANS A
 HEALTH  CARE  FACILITY  AND INCLUDES THE DRIVEWAY, ENTRANCE, ENTRYWAY OR
 
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 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.
 Criminal  interference  with health care services or religious worship
 in the second degree is a class A misdemeanor.
 

S 3.

Section 79-m of the civil rights law, as amended by  chapter  566
 of the laws of 2008, is amended to read as follows:

 

S  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 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  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  INTER
 FERENCE  WITH  HEALTH  CARE  SERVICES IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.72 OF THE PENAL LAW, OR AGGRAVATED 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  SUBDIVI
 SION, 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 SUBDIVI
 SION OR BE CONSTRUED TO REQUIRE THAT ANY OF THE RULES GOVERNING A CRIMI
 NAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION. A PLAINTIFF IN  A
 CIVIL  CAUSE OR ACTION BROUGHT PURSUANT TO THIS SUBDIVISION MAY SEEK ANY
 RELIEF AVAILABLE CONSISTENT WITH  THE  CIVIL  PRACTICE  LAW  AND  RULES,
 INCLUDING INJUNCTIVE RELIEF.
 

S 4. 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.
 

S 5. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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