Relates to the definition of "reproductive health services" for purposes of the offense of criminal interference with health care services or religious worship in the second degree; defines "legally protected health activity".
STATE OF NEW YORK
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8713--A
IN SENATE
January 7, 2026
___________
Introduced by Sens. HINCHEY, BOTTCHER -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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. Section 240.70 of the penal law, as added by chapter 635
2 of the laws of 1999, is amended to read as follows:
3 § 240.70 Criminal interference with health care services or religious
4 worship in the second degree.
5 1. A person is guilty of criminal interference with health services or
6 religious worship in the second degree when:
7 (a) by force or threat of force or by physical obstruction, [he or
8 she] such person intentionally injures, intimidates or interferes with,
9 or attempts to injure, intimidate or interfere with, another person
10 because such other person was or is [obtaining or providing reproductive
11 health services] engaging in legally protected health activity; or
12 (b) by force or threat of force or by physical obstruction, [he or
13 she] such person intentionally injures, intimidates or interferes with,
14 or attempts to injure, intimidate or interfere with, another person in
15 order to discourage such other person or any other person or persons
16 from [obtaining or providing reproductive health services] engaging in
17 legally protected health activity; 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 such person was or is seeking to exercise the right of religious
22 freedom at a place of religious worship; or
23 (d) [he or she] such person intentionally damages the property of a
24 health care facility, or the physical location from which a person
25 engages in legally protected health activity, or attempts to do so,
26 because such facility provides reproductive health services or the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13774-03-6
S. 8713--A 2
1 location is the site of legally protected health activity, or inten-
2 tionally damages the property of a place of religious worship.
3 2. A parent or legal guardian of a minor shall not be subject to pros-
4 ecution for conduct otherwise prohibited by paragraph (a) or (b) of
5 subdivision one of this section which is directed exclusively at such
6 minor.
7 3. For purposes of this section:
8 (a) the term "health care facility" means a hospital, clinic, physi-
9 cian's office or other facility that provides reproductive health
10 services, and includes the building or structure in which the facility
11 is located;
12 (b) the term "interferes with" means to restrict a person's freedom of
13 movement;
14 (c) the term "intimidates" means to place a person in reasonable
15 apprehension of physical injury to [himself or herself] themself or to
16 another person;
17 (d) the term "physical obstruction" means rendering impassable ingress
18 to or egress from a facility that provides reproductive health services
19 or to or from a place of religious worship, or rendering passage to or
20 from such a facility or place of religious worship unreasonably diffi-
21 cult or hazardous; [and]
22 (e) the term "reproductive health services" [means health care
23 services provided in a hospital, clinic, physician's office or other
24 facility and includes medical, surgical, counseling or referral services
25 relating to the human reproductive system, including services relating
26 to pregnancy or the termination of a pregnancy.] shall mean and include
27 all services, care, or products of a medical, surgical, psychiatric,
28 therapeutic, diagnostic, mental health, behavioral health, preventative,
29 rehabilitative, supportive, consultative, referral, prescribing, or
30 dispensing nature relating to the human reproductive system provided in
31 accordance with the constitution and the laws of this state, whether
32 provided in person or by means of telehealth or telehealth services,
33 which includes, but is not limited to, all services, care and products
34 relating to pregnancy, assisted reproduction, contraception, miscarriage
35 management or the termination of a pregnancy, and self-managed termi-
36 nations; and
37 (f) the term "legally protected health activity" shall mean and
38 include the following acts and omissions by providers and facilitators
39 of reproductive health services, to the extent they are not in
40 violation of the constitution or the laws of this state, provided that
41 such provider is physically present in the state:
42 (i) the exercise or attempted exercise by any person of rights to
43 reproductive health services as secured by the constitution or laws of
44 this state or the provision of insurance coverage for such services or
45 care; and
46 (ii) any act or omission undertaken to aid or encourage, or attempt to
47 aid or encourage, any person in the exercise or attempted exercise of
48 rights to reproductive health services as secured by the constitution or
49 laws of this state, or to provide insurance coverage for such services
50 or care; provided, however, that the provision of such reproductive
51 health services by a person duly licensed under the laws of this state
52 and physically present in this state and the provision of insurance
53 coverage for such services or care shall be a legally protected health
54 activity if the service or care is permitted under the laws of this
55 state, regardless of the patient's location.
S. 8713--A 3
1 Criminal interference with health care services or religious worship
2 in the second degree is a class A misdemeanor.
3 § 2. This act shall take effect on the sixtieth day after it shall
4 have become a law.
