Assembly Bill A4106

2021-2022 Legislative Session

Defines as aggravated harassment in the third degree photographing persons entering or leaving reproductive health care services facilities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4106 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.29, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1400
2011-2012: A2970
2013-2014: A3368
2015-2016: A3454
2017-2018: A6869
2019-2020: A2260

2021-A4106 (ACTIVE) - Summary

Defines photographing (whether by still or moving pictures) persons entering or leaving reproductive health care services facilities as aggravated harassment in the third degree; exempts constitutionally protected conduct and activities regulated by certain federal labor laws.

2021-A4106 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4106
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee 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 8 and 9 to read as follows:
   8.  "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.
   9. "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.
   § 2. The penal law is amended by adding a new section 240.29  to  read
 as follows:
 § 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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