S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3902--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI, PAULIN, PRETLOW, GALEF, OTIS, JACOBSON,
   LUNSFORD, GOTTFRIED, SIMON, SEAWRIGHT, GLICK -- read once and referred
   to  the Committee on Codes -- recommitted to the Committee on Codes in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 
   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  "reproduc-
 tive health care facilities and religious worship access act".
   §  2.  Legislative  intent.  The  legislature  finds that the right to
 obtain reproductive health services and the right to  religious  worship
 are essential personal rights protected by state and federal law. Equal-
 ly,  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, or engage in other activity
 protected by the First Amendment.
   The legislature finds that current law  does  not  adequately  protect
 reproductive  health  care facilities or places of religious worship and
 those who work in or seek services from or access  to  such  facilities.
 Therefore, the legislature has determined that it is appropriate for the
 protection  of  the  public  health, safety and welfare, to enact legis-
 lation to prohibit interference with access to reproductive health  care
 services  or 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.  Furthermore, the legislature has determined
 that it is appropriate to enact this legislation to: ensure public safe-
 ty and order; protect freedom to receive reproductive  health  services;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00711-08-2
              

 A. 3902--A                          2
 
 advance medical privacy and the well-being of patients seeking reproduc-
 tive  health  care services at facilities; protect the exercise of reli-
 gious freedom at places of religious worship and the well-being of those
 exercising their freedom of religion at places of religious worship; and
 safeguard private property.
   §  3.  Section 240.70 of the penal law, as added by chapter 635 of the
 laws of 1999, is amended to read as follows:
 § 240.70 Criminal interference with health care  services  or  religious
            worship in the second degree.
   1. A person is guilty of criminal interference with health services or
 religious worship in the second degree when:
   (a)  by force or threat of force or by physical obstruction, he or she
 [intentionally] KNOWINGLY 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, OR ASSISTING IN
 OBTAINING OR PROVIDING, reproductive health services; or
   (b) by force or threat of force or by physical obstruction, he or  she
 [intentionally]  KNOWINGLY  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 obtaining or providing, OR ASSISTING  IN  OBTAINING  OR  PROVIDING,
 reproductive health services; or
   (c)  by force or threat of force or by physical obstruction, he or she
 [intentionally] KNOWINGLY injures, intimidates or  interferes  with,  or
 attempts to injure, intimidate or interfere with, another person because
 such  person was or is seeking to exercise, OR ASSISTING IN THE EXERCISE
 OF the right of religious freedom at a place of religious worship; or
   (d) he or she [intentionally] KNOWINGLY  damages  the  property  of  a
 health  care  facility,  or  attempts  to  do  so, because such facility
 provides reproductive health  services,  or  intentionally  damages  the
 property of a place of religious worship[.]; OR
   (E)  HE  OR  SHE  ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY COMMITS
 ACTS, OR ATTEMPTS TO ENGAGE IN A COURSE OF CONDUCT OR REPEATEDLY  COMMIT
 ACTS,  WITHIN  TWENTY-FIVE FEET OF THE PREMISES OF A REPRODUCTIVE HEALTH
 CARE FACILITY IN ORDER TO DISCOURAGE ANOTHER PERSON  FROM  OBTAINING  OR
 PROVIDING,  OR  ASSISTING IN OBTAINING OR PROVIDING, REPRODUCTIVE HEALTH
 CARE SERVICES WHEN SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN  REASONABLE
 FEAR OF HARM; OR
   (F)  HE  OR  SHE  ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY COMMITS
 ACTS, OR ATTEMPTS TO ENGAGE IN A COURSE OF CONDUCT OR REPEATEDLY  COMMIT
 ACTS,  WITHIN  TWENTY-FIVE  FEET OF THE PREMISES OF A PLACE OF RELIGIOUS
 WORSHIP IN ORDER  TO  DISCOURAGE  ANOTHER  PERSON  FROM  EXERCISING,  OR
 ASSISTING IN EXERCISING, THEIR RIGHT OF RELIGION AT A PLACE OF RELIGIOUS
 WORSHIP  WHEN  SUCH BEHAVIOR PLACES SUCH OTHER PERSON IN REASONABLE FEAR
 OF HARM; OR
   (G) WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO, OR WITHIN, A REPRODUC-
 TIVE HEALTH CARE SERVICES FACILITY, HE OR SHE INTENTIONALLY  VIDEOTAPES,
 FILMS,  PHOTOGRAPHS,  OR  RECORDS  BY  ELECTRONIC  MEANS, A REPRODUCTIVE
 HEALTH CARE SERVICES PATIENT, PERSON ASSISTING THE  REPRODUCTIVE  HEALTH
 CARE  SERVICES  PATIENT,  PROVIDER,  OR ASSISTANT, WITHOUT THAT PERSON'S
 CONSENT WITH SPECIFIC INTENT TO INTIMIDATE THE PERSON FROM  BECOMING  OR
 REMAINING  A REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PERSON ASSISTING
 THE REPRODUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER,  OR  ASSISTANT,
 AND THEREBY CAUSES THE PERSON TO BE INTIMIDATED; OR
   (H)  IN  ANY  MANNER OR FORUM, INCLUDING, BUT NOT LIMITED TO, INTERNET
 WEBSITES AND SOCIAL MEDIA, HE OR SHE INTENTIONALLY DISCLOSES OR DISTRIB-
 A. 3902--A                          3
 
 UTES A VIDEOTAPE, FILM, PHOTOGRAPH, OR RECORDING KNOWING IT WAS OBTAINED
 IN VIOLATION OF PARAGRAPH (G) OF  THIS  SUBDIVISION  WITH  THE  SPECIFIC
 INTENT  TO  INTIMIDATE THE PERSON FROM BECOMING OR REMAINING A REPRODUC-
 TIVE  HEALTH  CARE  SERVICES  PATIENT, PERSON ASSISTING THE REPRODUCTIVE
 HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, AND THEREBY CAUSES
 THE PERSON TO BE INTIMIDATED; OR
   (I)  HE  OR  SHE  KNOWINGLY  PUBLICLY  POSTS  OR  PUBLICLY   DISPLAYS,
 DISCLOSES,  OR  DISTRIBUTES  ON  INTERNET  WEBSITES OR SOCIAL MEDIA, THE
 PERSONAL INFORMATION OR IMAGE OF ANY REPRODUCTIVE HEALTH  CARE  SERVICES
 PATIENT, PERSON ASSISTING THE REPRODUCTIVE HEALTH CARE SERVICES PATIENT,
 PROVIDER,  OR  ASSISTANT, OR OTHER INDIVIDUALS RESIDING AT THE SAME HOME
 ADDRESS WITH THE INTENT TO DO EITHER OF THE FOLLOWING:
   (I) INCITE A THIRD PERSON TO CAUSE IMMINENT GREAT BODILY HARM  TO  THE
 REPRODUCTIVE  HEALTH  CARE SERVICES PATIENT, PERSON ASSISTING THE REPRO-
 DUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, IDENTIFIED
 IN THE POSTING OR DISPLAY, OR TO A CO-RESIDENT OF THAT PERSON, WHERE THE
 THIRD PERSON IS LIKELY TO COMMIT THIS HARM; OR
   (II) THREATENS THE REPRODUCTIVE HEALTH CARE SERVICES  PATIENT,  PERSON
 ASSISTING  THE  REPRODUCTIVE  HEALTH CARE SERVICES PATIENT, PROVIDER, OR
 ASSISTANT, IDENTIFIED IN THE POSTING OR DISPLAY,  OR  A  CO-RESIDENT  OF
 THAT PERSON, IN A MANNER THAT PLACES THE PERSON IDENTIFIED OR THE CO-RE-
 SIDENT IN OBJECTIVELY REASONABLE FEAR FOR THEIR PERSONAL SAFETY.
   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 "IMAGE" INCLUDES, BUT IS NOT LIMITED  TO,  A  PHOTOGRAPH,
 VIDEO FOOTAGE, SKETCH, OR COMPUTER-GENERATED IMAGE THAT PROVIDES A MEANS
 TO VISUALLY IDENTIFY THE PERSON DEPICTED;
   (C) the term "interferes with" means to restrict a person's freedom of
 movement AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ACTIVITIES THAT
 RESTRICT  OR ATTEMPT TO RESTRICT ACCESS TO OR FROM A HEALTH CARE FACILI-
 TY, THE PERFORMANCE OF MEDICAL PROCEDURES AT A HEALTH CARE  FACILITY  OR
 THE DELIVERY OF GOODS TO SUCH A FACILITY OR ACCESS TO OR FROM A PLACE OF
 RELIGIOUS WORSHIP OR DELIVERY OF GOODS TO A PLACE OF RELIGIOUS WORSHIP;
   [(c)] (D) the term "intimidates" means to place a person in reasonable
 apprehension  of  physical  injury  to  himself or herself or to another
 person;
   [(d)] (E) THE TERM "PERSONAL INFORMATION" MEANS INFORMATION THAT IDEN-
 TIFIES, RELATES TO, DESCRIBES, OR IS CAPABLE OF BEING ASSOCIATED WITH  A
 REPRODUCTIVE  HEALTH  CARE SERVICES PATIENT, PERSON ASSISTING THE REPRO-
 DUCTIVE HEALTH CARE SERVICES PATIENT, PROVIDER, OR ASSISTANT, INCLUDING,
 BUT NOT LIMITED TO, THEIR NAME, SIGNATURE, SOCIAL SECURITY NUMBER, PHYS-
 ICAL CHARACTERISTICS OR DESCRIPTION, ADDRESS, TELEPHONE NUMBER, PASSPORT
 NUMBER, DRIVER'S LICENSE OR STATE IDENTIFICATION  CARD  NUMBER,  LICENSE
 PLATE NUMBER, EMPLOYMENT, EMPLOYMENT HISTORY, AND FINANCIAL INFORMATION;
   (F) 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
 A. 3902--A                          4

   (e)] (G) THE TERM "PUBLICLY  POST"  OR  "PUBLICLY  DISPLAY"  MEANS  TO
 INTENTIONALLY  COMMUNICATE  OR  OTHERWISE  MAKE AVAILABLE TO THE GENERAL
 PUBLIC;
   (H)  the  term  "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[.];
   (I) THE TERM "PREMISES OF A REPRODUCTIVE HEALTH CARE FACILITY" MEANS A
 HEALTH CARE FACILITY AND INCLUDES THE DRIVEWAY,  ENTRANCE,  ENTRYWAY  OR
 EXIT  OF  SUCH  FACILITY,  ANY  PARKING LOT IN WHICH THE FACILITY HAS AN
 OWNERSHIP OR LEASEHOLD INTEREST AND ANY PUBLIC PARKING LOTS  WITHIN  TWO
 HUNDRED FEET OF THE FACILITY WHICH SERVE THE FACILITY;
   (J) THE TERM "PREMISES OF A PLACE OF RELIGIOUS WORSHIP" MEANS A STRUC-
 TURE  OR  SPACE  WHERE INDIVIDUALS OR A GROUP OF PEOPLE COME TO EXERCISE
 THEIR RIGHT OF RELIGIOUS WORSHIP AND INCLUDES  THE  DRIVEWAY,  ENTRANCE,
 ENTRYWAY  OR  EXIT  OF SUCH STRUCTURE OR SPACE, ANY PARKING LOT IN WHICH
 THE STRUCTURE OR SPACE HAS AN OWNERSHIP OR LEASEHOLD  INTEREST  AND  ANY
 PUBLIC  PARKING  LOTS  WITHIN TWO HUNDRED FEET OF THE STRUCTURE OR SPACE
 WHICH SERVES THE STRUCTURE OR SPACE;
   (K) THE  TERM  "REPRODUCTIVE  HEALTH  CARE  SERVICES  PATIENT,  PERSON
 ASSISTING  THE  REPRODUCTIVE  HEALTH  CARE SERVICES PATIENT, PROVIDER OR
 ASSISTANT" MEANS A PERSON OR ENTITY,  INCLUDING,  BUT  NOT  LIMITED  TO,
 EMPLOYEES,  STAFF,  VOLUNTEERS,  AND THIRD-PARTY VENDORS, THAT IS OR WAS
 INVOLVED IN OBTAINING, SEEKING TO OBTAIN, PROVIDING, SEEKING TO PROVIDE,
 OR ASSISTING OR SEEKING TO  ASSIST  ANOTHER  PERSON,  AT  THAT  PERSON'S
 REQUEST, TO OBTAIN OR PROVIDE ANY SERVICES IN A REPRODUCTIVE HEALTH CARE
 SERVICES  FACILITY,  OR  A  PERSON  OR ENTITY THAT IS OR WAS INVOLVED IN
 OWNING OR OPERATING OR SEEKING TO OWN OR OPERATE A  REPRODUCTIVE  HEALTH
 CARE SERVICES FACILITY; AND
   (L)  THE  TERM "SOCIAL MEDIA" MEANS AN ELECTRONIC  SERVICE OR ACCOUNT,
 OR ELECTRONIC CONTENT, INCLUDING, BUT NOT LIMITED  TO, VIDEOS  OR  STILL
 PHOTOGRAPHS,  BLOGS,  VIDEO BLOGS, PODCASTS, INSTANT  AND TEXT MESSAGES,
 EMAIL, ONLINE SERVICES OR ACCOUNTS, OR INTERNET    WEBSITE  PROFILES  OR
 LOCATIONS.
   Criminal  interference  with health care services or religious worship
 in the second degree is a class A misdemeanor.
   § 4. Section 79-m of the civil rights law, as amended by  chapter  566
 of the laws of 2008, is amended to read as follows:
   §  79-m.  Criminal  interference  with health care services, religious
 worship, funeral, burial or memorial service; injunction; CIVIL  ACTION.
 1.  Whenever  the  attorney  general  or district attorney of the county
 where the affected health care facility, place of religious worship,  or
 site  of a funeral, burial or memorial 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, 240.72 OR 240.73 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  arti-
 cle sixty-three of the civil practice law and rules.
   2.  A  CIVIL  CLAIM  OR CAUSE OF ACTION TO RECOVER FROM A DEFENDANT AS
 HEREINAFTER DEFINED, 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
 A. 3902--A                          5
 
 SUCH A FACILITY OR OWNER OF A BUILDING IN WHICH SUCH FACILITY IS LOCATED
 OR ANY EMPLOYEE OR VOLUNTEER WORKING FOR SUCH A FACILITY,  AS  A  RESULT
 OF  ACTS  BY  SUCH  DEFENDANT  OF CRIMINAL INTERFERENCE WITH HEALTH CARE
 SERVICES OR RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN SECTION
 240.70 OF THE PENAL LAW, CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES
 OR RELIGIOUS WORSHIP IN THE FIRST DEGREE AS DEFINED IN SECTION 240.71 OF
 THE  PENAL LAW, AGGRAVATED INTERFERENCE WITH HEALTH CARE SERVICES IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.72 OF THE PENAL LAW,  OR  AGGRA-
 VATED  INTERFERENCE  WITH  HEALTH  CARE  SERVICES IN THE FIRST DEGREE AS
 DEFINED IN SECTION 240.73 OF THE PENAL LAW MAY BE BROUGHT   WITHIN  FIVE
 YEARS. AS USED IN THIS SUBDIVISION, THE TERM "DEFENDANT" SHALL MEAN ONLY
 A PERSON WHO COMMITS THE ACTS DESCRIBED IN THIS SUBDIVISION OR WHO, IN A
 CRIMINAL  PROCEEDING,  COULD  BE CHARGED WITH CRIMINAL LIABILITY FOR THE
 COMMISSION OF SUCH ACTS PURSUANT TO SECTION 20.00 OF THE PENAL  LAW  AND
 SHALL  NOT  APPLY  TO ANY RELATED CIVIL CLAIM OR CAUSE OF ACTION ARISING
 FROM SUCH ACTS. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  REQUIRE
 THAT  A  CRIMINAL CHARGE BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED
 AS A CONDITION OF BRINGING A CIVIL CAUSE OF ACTION OR RECEIVING A  CIVIL
 JUDGMENT  PURSUANT  TO  THIS SUBDIVISION OR BE CONSTRUED TO REQUIRE THAT
 ANY OF THE RULES GOVERNING A CRIMINAL PROCEEDING BE  APPLICABLE  TO  ANY
 SUCH CIVIL ACTION. A PLAINTIFF IN A CIVIL CAUSE OR ACTION BROUGHT PURSU-
 ANT  TO  THIS  SUBDIVISION MAY SEEK ANY RELIEF AVAILABLE CONSISTENT WITH
 THE CIVIL PRACTICE LAW AND RULES, INCLUDING INJUNCTIVE RELIEF.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.