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A10548 Summary:

BILL NOA10548
 
SAME ASNo Same As
 
SPONSORAlvarez
 
COSPNSR
 
MLTSPNSR
 
Amd §§240.70 & 240.71, Pen L
 
Relates to certain crimes of interference with access to places of religious worship; expands interference to include groups of two or more people demonstrating or preparing to demonstrate one hundred feet outside of places of religious worship.
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A10548 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10548
 
                   IN ASSEMBLY
 
                                     March 13, 2026
                                       ___________
 
        Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law, in relation to certain crimes  of  inter-
          ference with religious worship
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The section heading, subdivision 1  and  subdivision  3  of
     2  section  240.70 of the penal law, as added by chapter 635 of the laws of
     3  1999, are amended to read as follows:
     4  Criminal interference with health care services or access to a place  of
     5             religious worship in the second degree.
     6    1. A person is guilty of criminal interference with health services or
     7  access to a place of religious worship in the second degree when:
     8    (a)  by  force  or  threat of force or by physical obstruction, [he or
     9  she] such person intentionally injures, intimidates or interferes  with,
    10  or  attempts  to  injure,  intimidate  or interfere with, another person
    11  because such other person was or is obtaining or providing  reproductive
    12  health services; or
    13    (b)  by  force  or  threat of force or by physical obstruction, [he or
    14  she] such person intentionally injures, intimidates or interferes  with,
    15  or  attempts  to injure, intimidate or interfere with, another person in
    16  order to discourage such other person or any  other  person  or  persons
    17  from obtaining or providing reproductive health services; or
    18    (c)  by  force  or  threat of force or by physical obstruction, [he or
    19  she] such person intentionally injures, intimidates or interferes  with,
    20  or  attempts  to  injure,  intimidate  or interfere with, another person
    21  [because] when such person [was or is seeking to exercise the  right  of
    22  religious freedom at] seeks to enter a place of religious worship, or to
    23  exercise the right of religious freedom therein; or
    24    (d)  [he  or  she] such person intentionally damages the property of a
    25  health care facility, or  attempts  to  do  so,  because  such  facility
    26  provides  reproductive  health  services,  or  intentionally damages the
    27  property of a place of religious worship[.]; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15069-01-6

        A. 10548                            2
 
     1    (e) groups of two or more people demonstrating or preparing to  demon-
     2  strate  outside  of  a  place  of religious worship fail to maintain one
     3  hundred feet of distance from such a place, including  its  parking  lot
     4  entrances, driveway and driveway entrances of such facilities.
     5    3. For purposes of this section:
     6    (a)  the  term "health care facility" means a hospital, clinic, physi-
     7  cian's office  or  other  facility  that  provides  reproductive  health
     8  services,  and  includes the building or structure in which the facility
     9  is located;
    10    (b) the term "interferes with" means to restrict a person's freedom of
    11  movement;
    12    (c) the term "intimidates" means  to  place  a  person  in  reasonable
    13  apprehension  of  physical injury to [himself or herself] themself or to
    14  another person;
    15    (d) the term "physical obstruction" means rendering impassable ingress
    16  to or egress from a facility that provides reproductive health  services
    17  or  to  or from a place of religious worship, or rendering passage to or
    18  from such a facility or place of religious worship  unreasonably  diffi-
    19  cult or hazardous; [and]
    20    (e) the term "reproductive health services" means health care services
    21  provided in a hospital, clinic, physician's office or other facility and
    22  includes  medical, surgical, counseling or referral services relating to
    23  the human reproductive system, including services relating to  pregnancy
    24  or the termination of a pregnancy[.]; and
    25    (f)  the  term  "place  of religious worship" shall mean any building,
    26  structure, or space, whether public or private, that is  used  primarily
    27  for  religious  services,  observance,  prayer,  assembly, or devotional
    28  practice and shall include the drive, entrance, entryway,  or  exit  and
    29  any public way or sidewalk that touches such places.
    30    § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
    31  laws of 2009, is amended to read as follows:
    32  §  240.71 Criminal interference with health care services or access to a
    33               place of religious worship in the first degree.
    34    A person is guilty of criminal interference with health care  services
    35  or  access  to a place of religious worship in the first degree when [he
    36  or she] such person commits the  crime  of  criminal  interference  with
    37  health  care  services  or access to a place of religious worship in the
    38  second degree and has been previously convicted of the crime of criminal
    39  interference with health care services or access to a place of religious
    40  worship in the first or second degree or  aggravated  interference  with
    41  health care services in the first or second degree.
    42    Criminal  interference  with health care services or access to a place
    43  of religious worship in the first degree is a class E felony.
    44    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    45  have become a law.
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