Defines photographing (whether by still or moving pictures) persons entering or leaving reproductive health care services facilities as aggravated harassment in the third degree; exempts constitutionally protected conduct and activities regulated by certain federal labor laws.
STATE OF NEW YORK
________________________________________________________________________
4789
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
___________
Introduced by Sen. PARKER -- 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 aggravated harassment in
the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.00 of the penal law is amended by adding two
2 new subdivisions 8 and 9 to read as follows:
3 8. "Reproductive health care services" means health care services
4 provided in a hospital, clinic, physician's office or other facility and
5 includes medical, surgical, counseling or referral services relating to
6 the human reproductive system, including services relating to pregnancy
7 or the termination of a pregnancy.
8 9. "Facility" means a hospital, clinic, physician's office or other
9 facility that provides reproductive health care services, and includes
10 the building or structure in which the facility is located.
11 § 2. The penal law is amended by adding a new section 240.29 to read
12 as follows:
13 § 240.29 Aggravated harassment in the third degree.
14 A person is guilty of aggravated harassment in the third degree when
15 he or she photographs, whether by still or moving pictures, any person
16 entering or leaving a facility that provides reproductive health care
17 services.
18 This section does not apply to any expressive conduct (including
19 peaceful picketing or other peaceful demonstration) protected from legal
20 prohibition by the first amendment to the United States constitution or
21 section eight of article one of the state constitution or to activities
22 regulated by the national labor relations act, as amended, the railway
23 labor act, as amended, or the federal employment labor management act,
24 as amended.
25 Aggravated harassment in the third degree is a class B misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06494-02-9
S. 4789 2
1 § 3. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law.
