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A04596 Summary:

BILL NOA04596A
 
SAME ASSAME AS S05761-A
 
SPONSORBichotte Hermelyn
 
COSPNSRPaulin, Pretlow, Otis, Jacobson, Lunsford, Simon, Seawright, Glick, Dickens, Burdick, Davila, Dinowitz, Levenberg, Ardila, Aubry, Sillitti
 
MLTSPNSR
 
Amd §240.70, Pen L; amd §79-m, Civ Rts L
 
Enacts the reproductive health care facilities and religious worship access act; provides that the crime of criminal interference with health care services or religious worship shall be established by the mens rea of knowingly injuring, intimidating or interfering with a person obtaining or providing or assisting in obtaining or providing reproductive health services or a place of religious worship; includes in the definition of such crime engaging in a course of conduct or repeatedly committing acts within twenty-five feet of the premises of a reproductive health care facility or a place of religious worship; defines such premises; provides for a civil cause of action for any person harmed by conduct constituting such a crime.
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A04596 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4596A
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the penal law and the civil rights law, in relation to enacting the reproductive health care facilities and religious worship access act   PURPOSE: To prohibit interference with access to reproductive health care services and places of religious worship so that persons harmed by such conduct can seek redress in the courts and the state can obtain injunc- tive relief and damages.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Specifies that the act shall be cited as the "reproductive health care facilities and religious worship access act". Section 2. Legislative intent. Section 3. Amends section 240.70 of the penal law, as added by chapter 635 of the laws of 1999, to:(a) eliminate for most offenses the require- ment that a person must intentionally commit an offense set forth to be guilty of criminal interference with health care services or religious worship in the second degree and replace it with knowingly commits an offense set forth; (b) include protection for offenses committed against a person assisting in obtaining or providing reproductive health care services or assisting an individual in seeking to exercise the right of religious worship;(c) include as-an offense when a person engages in a course of conduct or repeatedly commits acts or attempts to engage in conduct or acts within 25 feet of the premises of a reproductive health care facility to discourage another person from obtaining, providing, or assisting in obtaining or providing, reproductive health care services when such behavior places such other person in reasonable fear or harm; (d) include as-an offence when a person engages in a course of conduct or repeatedly commits acts, or attempts to engage in conduct or acts within 25 feet of the premises of a place of religious worship to discourage another person from obtaining, providing, or assisting in the exercise of their right of religion at a place of religious worship when such behavior places such other person in reasonable fear or harm;(e) include as an offense when a person within 100 hundred feet of the entrance to, or within, a reproductive health care facility, inten- tionally videotapes, films, photographs, or records by electronic means, a reproductive health care services patient, person assisting the patient, provider, or assistant, without the person's consent with the intent to intimidate such person from becoming or remaining a patient,assisting a patient, provider, or assistant, and thereby causes the person to be intimidated;(f) include as an offense intentionally disclosing or distributing a videotape, film, photograph or recording knowing it was obtained in violation section, with the specific intent to intimidate a person from becoming or remaining a patient, assisting a patient,provider, or assistant, and thereby causes the person to be intimidated;(g) include as an offense knowingly publicly posting, displaying, or distributing on the Internet or social media, the personal information or image of any reproductive health care services patient, person assisting a patient, provider, or assistant with the intent to incite a third person to cause imminent great bodily harm to such person; or threatens the reproductive care health services patient, person assisting the patient, provider, or assistant so identified that places them in objectively reasonable fear for their personal safety; and(h) include definitions for the terms "image", "interferes with", "personal information", "publicly post or publicly display", "premises of a reproductive health care facility", and "premises of a place of religious worship". Section 4. Amends section 79-m of the civil rights law, as amended by chapter 566 of the laws of 2008, to:(a) authorize a civil claim or cause of action to recover from a defendant, as defined in that section, for physical, psychological or other injury or condition suffered by a person, including any person whose ability to access the premises of a health care facility or premises of a place of religious worship has been interfered with, or any owner. or operator of such a facility, or owner of a building in which such facility is located, or any employee or volunteer working for such facility, as a result of acts by such defendant of criminal interference with health care services or reli- gious worship in the first or second degrees, or aggravated interference with health care services in the first or second degrees as defined in the penal law, within five years;(b) define the term "defendant"; and(c) authorize the plaintiff in the civil cause of action to seek any relief available consistent with the civil practice law and rules, including injunctive relief. Section 5. Severability clause. Section 6. Effective date.   JUSTIFICATION: The right to obtain reproductive health care services and the right to religious worship is an essential personal right protected by state and federal law. Equally, the right to peaceably protest and express one's views is protected by state and federal law. Such actions include, but are not limited to, the right to speak, march, demonstrate, pricket, pray, associate with others in expressive behavior or engage in other activity protected by the First Amendment. However, concerns have been raised about individuals or groups of individuals who may exceed the boundaries of lawful First Amendment expression by engaging in activ- ities that physically prevent, or unlawfully intimidate people from entering facilities that provide reproductive health care services or religious worship. Acts of violence and harassment against reproductive health care patients, those assisting them, reproductive health care providers, their employees and volunteers have persisted and increased. Similarly,acts of violence and harassment against those seeking to exer- cise their right of religious worship have also increased. Both repro- ductive health facilities and places of worship are seeing an increase in threats and security incidents. Additionally, laws protecting repro- ductive health care providers and patients from online harassment and threats have not kept up with the rapid expansion of information through social media and do not reflect the ease with which personal information can be widely circulated. In 2019 alone, reproductive health care providers reported over 22,000 instances of internet harassment. Current law does not adequately protect reproductive health care facilities and those who work in or seek services from such facilities; or those seek- ing to exercise their right to worship. Therefore, it is appropriate for the protection of the public health, safety and welfare, to enact legislation that expands current state law to prohibit interference with access to and freedom to receive reproductive health care services; access to religious worship and religious freedom; and safeguard the private property of both. This proposed law would expressly ensure that important First Amendment rights regarding freedom of speech are protected, while at the same time providing relief for persons whose rights are interfered with in seeking or delivering reproductive health care services or religious worship access.   FISCAL IMPLICATIONS: None.   PRIOR LEGISLATIVE HISTORY: 2021-2022:A3902A - Referred to codes; 2019-2020:A804 - Referred to codes; 2017-2018:A276 - Referred to codes; 2015-2016:A182 - Referred to codes   EFFECTIVE DATE: The act shall take effect on November 1 next succeeding the date on which it shall become law.
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