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A09335 Summary:

BILL NOA09335
 
SAME ASSAME AS S08599
 
SPONSORLasher
 
COSPNSRRozic, Dinowitz, Lee, Paulin, Simone, DeStefano, Jensen, Norber
 
MLTSPNSR
 
Amd §§240.70 & 240.71, Pen L
 
Relates to certain crimes of interference with health care services or access to places of religious worship; expands interference to include groups of two or more people demonstrating or preparing to demonstrate twenty-five feet outside of reproductive health care facilities and places of religious worship.
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A09335 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9335
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 10, 2025
                                       ___________
 
        Introduced  by  M.  of  A. LASHER, ROZIC, DINOWITZ, LEE, PAULIN, SIMONE,
          DeSTEFANO, JENSEN, NORBER -- read once and referred to  the  Committee
          on Codes
 
        AN  ACT  to amend the penal law, in relation to certain crimes of inter-
          ference with health care services or 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14158-02-5

        A. 9335                             2
 
     1    (d) [he or she] such person intentionally damages the  property  of  a
     2  health  care  facility,  or  attempts  to  do  so, because such facility
     3  provides reproductive health  services,  or  intentionally  damages  the
     4  property of a place of religious worship[.]; or
     5    (e)  groups of two or more people demonstrating or preparing to demon-
     6  strate outside of a reproductive health care facility fail  to  maintain
     7  twenty-five  feet  of distance from such facility, including its parking
     8  lot entrances, driveway and driveway entrances of such facilities; or
     9    (f) groups of two or more people demonstrating or preparing to  demon-
    10  strate  outside of a place of religious worship fail to maintain twenty-
    11  five feet of distance from such  a  place,  including  its  parking  lot
    12  entrances, driveway and driveway entrances of such facilities.
    13    3. For purposes of this section:
    14    (a)  the  term "health care facility" means a hospital, clinic, physi-
    15  cian's office  or  other  facility  that  provides  reproductive  health
    16  services,  and  includes the building or structure in which the facility
    17  is located and shall include the drive, entrance, entryway, or exit  and
    18  any public way or sidewalk that touches such places;
    19    (b) the term "interferes with" means to restrict a person's freedom of
    20  movement;
    21    (c)  the  term  "intimidates"  means  to  place a person in reasonable
    22  apprehension of physical injury to [himself or herself] themself  or  to
    23  another person;
    24    (d) the term "physical obstruction" means rendering impassable ingress
    25  to  or egress from a facility that provides reproductive health services
    26  or to or from a place of religious worship, or rendering passage  to  or
    27  from  such  a facility or place of religious worship unreasonably diffi-
    28  cult or hazardous; [and]
    29    (e) the term "reproductive health services" means health care services
    30  provided in a hospital, clinic, physician's office or other facility and
    31  includes medical, surgical, counseling or referral services relating  to
    32  the  human reproductive system, including services relating to pregnancy
    33  or the termination of a pregnancy[.]; and
    34    (f) the term "place of religious worship"  shall  mean  any  building,
    35  structure,  or  space, whether public or private, that is used primarily
    36  for religious services,  observance,  prayer,  assembly,  or  devotional
    37  practice  and  shall  include the drive, entrance, entryway, or exit and
    38  any public way or sidewalk that touches such places.
    39    § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
    40  laws of 2009, is amended to read as follows:
    41  § 240.71 Criminal interference with health care services or access to  a
    42               place of religious worship in the first degree.
    43    A  person is guilty of criminal interference with health care services
    44  or access to a place of religious worship in the first degree  when  [he
    45  or  she]  such  person  commits  the crime of criminal interference with
    46  health care services or access to a place of religious  worship  in  the
    47  second degree and has been previously convicted of the crime of criminal
    48  interference with health care services or access to a place of religious
    49  worship  in  the  first or second degree or aggravated interference with
    50  health care services in the first or second degree.
    51    Criminal interference with health care services or access to  a  place
    52  of religious worship in the first degree is a class E felony.
    53    §  3.  This  act  shall take effect on the sixtieth day after it shall
    54  have become a law.
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