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

                                  2970

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. WRIGHT -- 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.
                                                           LBD03138-01-1