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"; increases the penalties for the criminal interference with health care services or religious worship in the first and second degrees, and for aggravated interference with health care services in the second degree.
STATE OF NEW YORK
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8713
IN SENATE
January 7, 2026
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed 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. 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
27 location is the site of legally protected health activity, or inten-
28 tionally damages the property of a place of religious worship.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13774-02-5
S. 8713 2
1 2. A parent or legal guardian of a minor shall not be subject to pros-
2 ecution for conduct otherwise prohibited by paragraph (a) or (b) of
3 subdivision one of this section which is directed exclusively at such
4 minor.
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
21 services provided in a hospital, clinic, physician's office or other
22 facility and includes medical, surgical, counseling or referral services
23 relating to the human reproductive system, including services relating
24 to pregnancy or the termination of a pregnancy.] shall mean and include
25 all services, care, or products of a medical, surgical, psychiatric,
26 therapeutic, diagnostic, mental health, behavioral health, preventative,
27 rehabilitative, supportive, consultative, referral, prescribing, or
28 dispensing nature relating to the human reproductive system provided in
29 accordance with the constitution and the laws of this state, whether
30 provided in person or by means of telehealth or telehealth services,
31 which includes, but is not limited to, all services, care and products
32 relating to pregnancy, assisted reproduction, contraception, miscarriage
33 management or the termination of a pregnancy, and self-managed termi-
34 nations; and
35 (f) the term "legally protected health activity" shall mean and
36 include the following acts and omissions by providers and facilitators
37 of reproductive health services, to the extent they are not in
38 violation of the constitution or the laws of this state, provided that
39 such provider is physically present in the state:
40 (i) the exercise or attempted exercise by any person of rights to
41 reproductive health services as secured by the constitution or laws of
42 this state or the provision of insurance coverage for such services or
43 care; and
44 (ii) any act or omission undertaken to aid or encourage, or attempt to
45 aid or encourage, any person in the exercise or attempted exercise of
46 rights to reproductive health services as secured by the constitution or
47 laws of this state, or to provide insurance coverage for such services
48 or care; provided, however, that the provision of such reproductive
49 health services by a person duly licensed under the laws of this state
50 and physically present in this state and the provision of insurance
51 coverage for such services or care shall be a legally protected health
52 activity if the service or care is permitted under the laws of this
53 state, regardless of the patient's location.
54 Criminal interference with health care services or religious worship
55 in the second degree is a class [A misdemeanor] E felony.
S. 8713 3
1 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
2 laws of 2009, is amended to read as follows:
3 § 240.71 Criminal interference with health care services or religious
4 worship in the first degree.
5 A person is guilty of criminal interference with health care services
6 or religious worship in the first degree when [he or she] such person
7 commits the crime of criminal interference with health care services or
8 religious worship in the second degree and has been previously convicted
9 of the crime of criminal interference with health care services or reli-
10 gious worship in the first or second degree or aggravated interference
11 with health care services in the first or second degree.
12 Criminal interference with health care services or religious worship
13 in the first degree is a class [E] D felony.
14 § 3. Section 240.72 of the penal law, as added by chapter 493 of the
15 laws of 2009, is amended to read as follows:
16 § 240.72 Aggravated interference with health care services in the second
17 degree.
18 A person is guilty of the crime of aggravated interference with health
19 care services in the second degree when [he or she] such person commits
20 the crime of criminal interference with health care services or reli-
21 gious worship in violation of paragraph (a) of subdivision one of
22 section 240.70 of this article and thereby causes physical injury to
23 such other person who was obtaining or providing, or was assisting
24 another person to obtain or provide reproductive health services.
25 Aggravated interference with health care services in the second degree
26 is a class [E] D felony.
27 § 4. This act shall take effect on the sixtieth day after it shall
28 have become a law.
