Sponsor:
PARKER
Co-sponsor(s): 2009S06112 7
Committee: RULES
Law Section: Penal Law
Co-sponsor(s): 2009S06112 7
Committee: RULES
Law Section: Penal Law
S6112 Summary
Establishes the crime of aggravated interference with health care services in the first and second degrees.S6112 Actions
S6112 - ORDERED TO THIRD READING CAL.981 - Sep 10, 2009S6112 - REFERRED TO RULES - Aug 3, 2009
S6112 Committee Meetings
Rules: Sep 10, 2009: Chair: Malcolm Smith
/ Location: Off the Floor
S6112 Calendars
S6112 Votes
Vote: Committee
- Sep 10, 2009
Ayes (19): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STEWART-COUSINS, DILAN, KLEIN, VALESKY, MONSERRATE, PADAVAN, SEWARD, HANNON, LARKIN, SALAND
Nays (3): SKELOS, FARLEY, LAVALLE
Same As: A8924 Votes
Vote: Floor - Sep 10, 2009
Ayes (36): ADAMS, ADDABBO, ALESI, AUBERTINE, BRESLIN, DILAN, DUANE, ESPADA, HASSELL-THOMPSON, JOHNSON C, KLEIN, KRUEGER, LEIBELL, LITTLE, MCDONALD, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SEWARD, SMITH, SQUADRON, STACHOWSKI, STAVISKY, STEWART-COUSINS, VALESKY, WINNER
Nays (19): DEFRANCISCO, DIAZ, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, JOHNSON O, LANZA, LARKIN, LIBOUS, MARCELLINO, MAZIARZ, MORAHAN, NOZZOLIO, RANZENHOFER, SKELOS, VOLKER, YOUNG
Abstains (2): HANNON, LAVALLE
Excused (5): BONACIC, FOLEY, HUNTLEY, KRUGER, THOMPSON
S6112 Memo
BILL NUMBER: S6112
TITLE OF BILL : An act to amend the penal law, in relation to the crime of aggravated interference with health care services
PURPOSE OR GENERAL IDEA OF BILL : To protect doctors and other clinic workers from acts of violence intended
SUMMARY OF SPECIFIC PROVISIONS : This bill does several things. First, it creates a new class E felony ("Aggravated interference with health care services in the second degree) to cause physical injury to someone who is obtaining, providing or assisting someone to obtain or provide reproductive health services. Causing physical injury is typically a class A misdemeanor.
2. It creates a new class C felony ("Aggravated interference with health care services in the first degree") to cause serious physical injury to someone who is obtaining, providing, or assisting someone to obtain or provide reproductive health services. Causing serious physical injury is typically a class D felony. 3. It makes certain conforming changes to the law to ensure that repeat offenders of offenses involving interfering with reproductive health care services are properly punished. 4. For the first time, it makes it a crime to cause such physical injury and serious physical injury to volunteers who are assisting others to obtain or to provide reproductive health care services rather than just the actual provider of those services. It also recognizes the harm caused to all others when exercising their constitutional rights in this context by making the assault crimes higher than they would otherwise be under the Penal Law.
JUSTIFICATION : Doctors and other staff who provide reproductive planning services have been targeted by those who would seek to stop them from providing these constitutionally protected services. Doctor George Tiller was murdered in Kansas in May of 2009, by an assailant who disagreed with his choice to provide family planning services and abortions in his medical practice. Sadly, this was not the first time that Doctor Tiller had been attacked. He had been shot several times in the past because of his medical practice. Dr. Tiller's murder is not an isolated incident. In 1998, here in New York, Dr. Barnett Slepian was targeted and murdered by a criminal who gunned down Dr. Slepian because he provided legal abortion services. He left behind a wife and family. Another Doctor, John Britton, and clinic escort, were both killed in 1994. Dr. David Gunn was killed in 1993 during a protest. Robert Sanderson, a security guard at a clinic was also killed in 1998. Two receptionists at clinics were killed in 1994. The list of casualties goes on. A total list of all incidents targeting practitioners and health clinics is more than four pages long. According to the National Abortion Federation, since 1977 in the United States and Canada, property crimes committed against abortion providers have included 41 bombings, 173 arsons, 91 attempted bombings or arsons, 619 bomb threats, 1630 incidents of trespassing, 1264 incidents of vandalism, and 100 attacks with butyric acid ("stink bombs"). In that same 32 year period, there have been 17 attempted murders, 383 death threats, incidents of assault or battery, and 3 kidnappings committed against abortion providers. In order to provide for sustained access to legal services it is important that state law provide for the protection of doctors and other support staff This bill, should it be passed, will provide just that.
PRIOR LEGISLATIVE HISTORY : NONE.
FISCAL IMPLICATIONS : NONE.
EFFECTIVE DATE : days after it shall become law.
S6112 Text
S T A T E O F N E W Y O R K6112
2009-2010 Regular Sessions I N SENATE August 3, 2009
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to the crime of aggravated interference with health care services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 240.71 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows:
S 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 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 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 felony.
S 2. The penal law is amended by adding two new sections 240.72 and 240.73 to read as follows:
S 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 COMMITS THE CRIME OF CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELIGIOUS 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14365-01-9
S. 6112 2 AGGRAVATED INTERFERENCE WITH HEALTH CARE SERVICES IN THE SECOND DEGREE IS A CLASS E FELONY.
S 240.73 AGGRAVATED INTERFERENCE WITH HEALTH CARE SERVICES IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE CRIME OF AGGRAVATED INTERFERENCE WITH HEALTH CARE SERVICES IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELIGIOUS WORSHIP IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 240.70 OF THIS ARTICLE AND THEREBY CAUSES SERIOUS PHYSICAL INJURY TO SUCH OTHER PERSON WHO WAS OBTAINING OR PROVIDING, OR WHO WAS ASSISTING ANOTHER PERSON TO OBTAIN OR PROVIDE REPRODUCTIVE HEALTH SERVICES. AGGRAVATED INTERFERENCE WITH HEALTH CARE SERVICES IN THE FIRST DEGREE IS A CLASS C FELONY.
S 3. This act shall take effect on the ninetieth day after it shall have become a law.
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