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

                                  7468

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law and the civil rights law, in  relation  to
  enacting the "free speech protection act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "free
speech protection act".
  S 2. Legislative intent. The legislature finds and declares that there
is a worldwide epidemic of intimidation, harassment and threats of phys-
ical  violence  by religious extremists against those who exercise their
right of free expression, particularly as it relates to issues  concern-
ing  the  war on terrorism. Examples include threats against authors who
have written critically of religious  movements,  legislators  who  have
spoken  out  against  religious extremism or cast votes opposed by reli-
gious extremists, satirists  and  artists  who  have  drawn  purportedly
unflattering  renderings of religious figures, and even private citizens
who have expressed views on religious extremism on social networking web
sites. These threats frequently include posting the  victim's  home  and
office  address  and  other  personal  identification information on the
internet, for the purpose of encouraging harassment and violence against
the victim. Often enough, such threats are enough to scare the  victim--
be  it an individual or a major television network--into self-censorship
out of fear of being physically attacked. The  purpose  of  this  legis-
lation  is  to  give both victims and law enforcement agencies the tools
necessary to defend against such intimidation, harassment  and  threats,
and  to  preserve the rights of New Yorkers to speak freely on issues of
public importance.
  S 3. Section 240.70 of the penal law, as added by chapter 635  of  the
laws of 1999, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04145-01-1

              

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S 240.70 Criminal interference with health care services [or], religious
           worship OR FREE SPEECH in the second degree.
  1.  A  person  is guilty of criminal interference with health services
[or], religious worship OR FREE SPEECH in the second degree when:
  (a) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such  other
person was or is obtaining or providing reproductive health services; or
  (b)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  attempts  to
injure,  intimidate  or  interfere  with,  another  person  in  order to
discourage such other person or any other person or persons from obtain-
ing or providing reproductive health services; or
  (c) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person
was or is seeking to exercise the right of religious freedom at a  place
of religious worship; or
  (d)  BY FORCE OR THREAT OF FORCE OR BY PHYSICAL OBSTRUCTION, HE OR SHE
INTENTIONALLY INJURES, INTIMIDATES OR INTERFERES WITH,  OR  ATTEMPTS  TO
INJURE, INTIMIDATE OR INTERFERE WITH, ANOTHER PERSON BECAUSE SUCH PERSON
WAS OR IS SEEKING TO EXERCISE THE RIGHT OF FREE SPEECH; OR
  (E)  he  or  she  intentionally  damages the property of a health care
facility, or attempts to do so, because such facility provides reproduc-
tive health services, or intentionally damages the property of  a  place
of religious worship.
  2. A parent or legal guardian of a minor shall not be subject to pros-
ecution  for  conduct  otherwise  prohibited  by paragraph (a) or (b) of
subdivision one of this section which is directed  exclusively  at  such
minor.
  3. For purposes of this section:
  (a)  the  term "health care facility" means a hospital, clinic, physi-
cian's office  or  other  facility  that  provides  reproductive  health
services,  and  includes the building or structure in which the facility
is located;
  (b) the term "interferes with" means to restrict a person's freedom of
movement;
  (c) the term "intimidates" means  to  place  a  person  in  reasonable
apprehension  of  physical  injury  to  himself or herself or to another
person;
  (d) the term "physical obstruction" means rendering impassable ingress
to or egress from a facility that provides reproductive health  services
or  to  or from a place of religious worship, or rendering passage to or
from such a facility or place of religious worship  unreasonably  diffi-
cult or hazardous; [and]
  (e) the term "reproductive health 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; AND
  (F)  THE  TERM  "FREE  SPEECH" MEANS SUCH SPEECH AS WOULD BE PROTECTED
FROM GOVERNMENTAL RESTRAINT OR ABRIDGEMENT BY THE FIRST AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATES OR BY SECTION EIGHT OF ARTICLE ONE  OF
THE  CONSTITUTION OF THE STATE OF NEW YORK, AS INTERPRETED BY THE COURTS
OF THE UNITED STATES OR THE STATE OF NEW YORK.

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  Criminal  interference  with  health  care  services  [or],  religious
worship OR FREE SPEECH in the second degree is a class A misdemeanor.
  S 4. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, is amended to read as follows:
S 240.71 Criminal interference with health care services [or], religious
             worship OR FREE SPEECH in the first degree.
  A  person is guilty of criminal interference with health care services
[or], religious worship OR FREE SPEECH in the first degree  when  he  or
she commits the crime of criminal interference with health care services
[or], religious worship OR FREE SPEECH in the second degree and has been
previously  convicted  of the crime of criminal interference with health
care services [or], religious worship OR FREE SPEECH  in  the  first  or
second  degree  or  aggravated interference with health care services in
the first or second degree.
  Criminal  interference  with  health  care  services  [or],  religious
worship OR FREE SPEECH in the first degree is a class E felony.
  S  5.  Section 79-m of the civil rights law, as amended by chapter 566
of the laws of 2008, is amended to read as follows:
  S 79-m. Criminal interference with  health  care  services,  religious
worship,  FREE  SPEECH, funeral, burial or memorial service; injunction.
Whenever the attorney general or district attorney of the  county  where
the  affected  health  care facility, place of religious worship, PERSON
EXERCISING HIS OR HER FREE SPEECH or site of a funeral, burial or  memo-
rial  service is located has reasonable cause to believe that any person
or group of persons is being, has been, or may  be  injured  by  conduct
constituting  a  violation  of  section  240.21, 240.70 or 240.71 of the
penal law, the attorney general or district attorney may bring an action
in the name of the people of the state of New York to permanently enjoin
such violation. In such action preliminary and temporary relief  may  be
granted under article sixty-three of the civil practice law and rules.
  S  6.  The civil rights law is amended by adding a new section 79-p to
read as follows:
  S 79-P. FREE SPEECH-RELATED VIOLENCE OR INTIMIDATION; CIVIL REMEDY. 1.
ANY PERSON WHO ENGAGES IN CONDUCT CONSTITUTING A  VIOLATION  OF  SECTION
240.70  OR  240.71  OF  THE PENAL LAW WITH RESPECT TO INTERFERING WITH A
PERSON'S FREE SPEECH, SHALL BE LIABLE, IN A CIVIL ACTION  OR  PROCEEDING
MAINTAINED  BY SUCH PERSON, FOR INJUNCTIVE RELIEF, DAMAGES, OR ANY OTHER
APPROPRIATE RELIEF IN LAW OR EQUITY. IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN FACT,  VIOLATED
SECTION  240.70  OR 240.71 OF THE PENAL LAW, AN INJUNCTION MAY BE ISSUED
BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND  RESTRAINING  ANY  FURTHER
VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY.
  2. IN ANY SUCH ACTION OR PROCEEDING, THE COURT, IN ITS DISCRETION, MAY
ALLOW THE PARTY COMMENCING SUCH ACTION  OR  PROCEEDING,  IF  SUCH  PARTY
PREVAILS, REASONABLE ATTORNEYS' FEES AS PART OF THE COSTS.
  S 7. This act shall take effect immediately.