NY State Senate Bill 2023-S6373

Senate Bill S6373

2023-2024 Legislative Session

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

download bill text pdf

Current 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 03, 2024	referred to codes
Apr 18, 2023	referred to codes

2023-S6373 (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
2021-2022: S5221

2023-S6373 (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.

2023-S6373 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6373

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:

Section 1: Section 240.00 of the penal law is amended by adding two new
subdivisions 8 and 9.

Section 2: The penal law is amended by adding a new section 240.29.

Section 3: This act shall take effect on the one hundred eightieth day

after it shall have become a law.

 
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:

2021-22: S5221 - Referred to Codes

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.

2023-S6373 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6373
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 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.
                                                            LBD03107-01-3

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