S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1400

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. ALFANO
  -- read once and referred 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:

  Section 1. Section 240.00 of the penal law is amended  by  adding  two
new subdivisions 7 and 8 to read as follows:
  7.  "REPRODUCTIVE  HEALTH  CARE  SERVICES"  MEANS HEALTH CARE SERVICES
PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER FACILITY AND
INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING  TO
THE  HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO PREGNANCY
OR THE TERMINATION OF A PREGNANCY.
  8. "FACILITY" MEANS A HOSPITAL, CLINIC, PHYSICIAN'S  OFFICE  OR  OTHER
FACILITY  THAT  PROVIDES REPRODUCTIVE HEALTH CARE SERVICES, AND INCLUDES
THE BUILDING OR STRUCTURE IN WHICH THE FACILITY IS LOCATED.
  S 2. The penal law is amended by adding a new section 240.29  to  read
as follows:
S 240.29 AGGRAVATED HARASSMENT IN THE THIRD DEGREE.
  A  PERSON  IS GUILTY OF AGGRAVATED HARASSMENT IN THE THIRD DEGREE WHEN
HE OR SHE PHOTOGRAPHS, WHETHER BY STILL OR MOVING PICTURES,  ANY  PERSON
ENTERING  OR  LEAVING  A FACILITY THAT PROVIDES REPRODUCTIVE HEALTH CARE
SERVICES.
  THIS SECTION DOES NOT  APPLY  TO  ANY  EXPRESSIVE  CONDUCT  (INCLUDING
PEACEFUL PICKETING OR OTHER PEACEFUL DEMONSTRATION) PROTECTED FROM LEGAL
PROHIBITION  BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION OR
SECTION EIGHT OF ARTICLE ONE OF THE STATE CONSTITUTION OR TO  ACTIVITIES
REGULATED  BY  THE NATIONAL LABOR RELATIONS ACT, AS AMENDED, THE RAILWAY
LABOR ACT, AS AMENDED, OR THE FEDERAL EMPLOYMENT LABOR  MANAGEMENT  ACT,
AS AMENDED.
  AGGRAVATED HARASSMENT IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00364-01-9