A08924 Summary:

BILL NO    A08924 

SAME AS    Same as S 6112

SPONSOR    Hoyt

COSPNSR    Brodsky, Jaffee, Christensen, Millman, Brennan, Lancman, Bing,
           Englebright, John, Lifton, Stirpe, Schimel, Rosenthal, Gottfried,
           Maisel

MLTSPNSR   Gianaris, Glick, Kellner, Thiele, Townsend, Weprin

Amd S240.71, add SS240.72 & 240.73, Pen L

Establishes the crime of aggravated interference with health care services in
the first and second degrees.

A08924 Actions:

BILL NO    A08924 

06/16/2009 referred to codes
06/22/2009 reported referred to rules
06/22/2009 reported 
06/22/2009 rules report cal.666
06/22/2009 ordered to third reading rules cal.666
06/22/2009 passed assembly
06/22/2009 delivered to senate
06/22/2009 REFERRED TO RULES
09/10/2009 SUBSTITUTED FOR S6112
09/10/2009 3RD READING CAL.981
09/10/2009 PASSED SENATE
09/10/2009 RETURNED TO ASSEMBLY
10/16/2009 delivered to governor
10/28/2009 signed chap.493

A08924 Votes:

BILL: A08924  DATE: 06/22/2009  MOTION:                       YEA/NAY: 140/000

Abbate  Y  Cahill  Y  Englebr Y  Hooper  Y  Maisel  Y  Powell  Y  Skartad Y
Alessi  Y  Calhoun Y  Errigo  Y  Hoyt    Y  Markey  ER Pretlow Y  Spano   Y
Alfano  Y  Camara  Y  Espaill Y  Hyer-Sp Y  Mayerso Y  Quinn   Y  Stirpe  Y
Amedore Y  Canestr Y  Farrell Y  Jacobs  Y  McDonou ER Rabbitt Y  Sweeney Y
Arroyo  ER Carrozz Y  Fields  Y  Jaffee  Y  McEneny Y  Raia    Y  Tedisco Y
Aubry   Y  Castro  Y  Finch   Y  Jeffrie Y  McKevit Y  Ramos   Y  Thiele  Y
Bacalle Y  Christe Y  Fitzpat Y  John    Y  Meng    Y  Reilich Y  Titone  Y
Ball    Y  Clark   Y  Gabrysz Y  Jordan  Y  Miller  Y  Reilly  Y  Titus   Y
Barclay Y  Colton  Y  Galef   Y  Kavanag Y  Millman Y  Rive J  Y  Tobacco Y
Barra   Y  Conte   Y  Gantt   Y  Kellner Y  Molinar Y  Rive N  ER Towns   Y
Barron  Y  Cook    Y  Gianari Y  Kolb    Y  Morelle Y  Rive PM Y  Townsen Y
Benedet Y  Corwin  Y  Gibson  Y  Koon    Y  Nolan   Y  Robinso Y  Walker  Y
Benjami Y  Crespo  Y  Giglio  Y  Lancman Y  Oaks    Y  Rosenth Y  Weinste Y
Bing    Y  Crouch  Y  Glick   Y  Latimer Y  O'Donne Y  Russell Y  Weisenb Y
Boyland Y  Cusick  Y  Gordon  Y  Lavine  Y  O'Mara  Y  Saladin Y  Weprin  Y
Boyle   Y  Cymbrow Y  Gottfri Y  Lentol  Y  Ortiz   Y  Sayward Y  Wright  Y
Bradley Y  DelMont Y  Gunther Y  Lifton  Y  Parment Y  Scarbor ER Zebrows Y
Brennan Y  DenDekk Y  Hawley  Y  Lope PD Y  Paulin  Y  Schimel Y  Mr Spkr Y
Brodsky Y  Destito Y  Hayes   Y  Lope VJ Y  Peoples ER Schimmi Y
Brook-K Y  Dinowit Y  Heastie Y  Lupardo Y  Peralta Y  Schroed Y
Burling Y  Duprey  Y  Hevesi  ER Magee   Y  Perry   ER Scozzaf Y
Butler  Y  Eddingt Y  Hikind  ER Magnare Y  Pheffer Y  Seminer ER

A08924 Memo:

BILL NUMBER:A8924

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 repro-
ductive 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 plan-
ning services have been targeted by those who would seek to stop them
from providing these constitutionally protected services. Doctor George
Tiller was recently murdered in Kansas 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 in the past been shot several times 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.

In order to provide for sustained access to legal services it is impor-
tant 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: 90 days after it shall become law