NY State Senate Bill 2021-S5221

Senate Bill S5221

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

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 26, 2021	referred to codes

2021-S5221 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.00, add §240.29, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7365
2019-2020: S4789
2023-2024: S6373

2021-S5221 (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-S5221 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5221

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to aggravated harassment in
the third degree

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill defines as aggravated harassment in the third degree photo-
graphing persons entering or leaving reproductive health care services
facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend Section 240.00 of the penal law by adding two new
subdivisions 3 and 4. This bill would also amend the penal law by adding
a new section 240.29 which would define aggravated harassment in the
third degree.

 
JUSTIFICATION:

Outside many women's health clinics, anti-choice protestors have set up
video cameras and cameras to photograph and tape people as they enter
and exit the clinics. This taping and photographing serves no legitimate
purpose other than to intimidate patients receiving care at the clinic.

Often, protestors videotape and photograph people's license plates and
then use the information to track them.  In the wake of clinic violence
and the murder of doctors who work at these facilities, it is vitally
important that the confidentiality of the people who use clinics and the
people who work there be protected by all means. This bill simply seeks
to safeguard patients and workers from those persons who would use any
information to harm them.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.4789 - Referred to CODES

2017-2018: S.7365 - REFERRED TO CODES

2015-2016: A3454

2013-2014: A3368

2012: A2970

2007: A5519

2006: A9353

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2021-S5221 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5221
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03687-02-1

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