Bill Text: NY A06869 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A06869 Detail]

Download: New_York-2017-A06869-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6869
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 22, 2017
                                       ___________
        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:
     1    Section 1. Section 240.00 of the penal law is amended  by  adding  two
     2  new subdivisions 7 and 8 to read as follows:
     3    7.  "Reproductive  health  care  services"  means health care services
     4  provided in a hospital, clinic, physician's office or other facility and
     5  includes medical, surgical, counseling or referral services relating  to
     6  the  human reproductive system, including services relating to pregnancy
     7  or the termination of a pregnancy.
     8    8. "Facility" means a hospital, clinic, physician's  office  or  other
     9  facility  that  provides reproductive health care services, and includes
    10  the building or structure in which the facility is located.
    11    § 2. The penal law is amended by adding a new section 240.29  to  read
    12  as follows:
    13  § 240.29 Aggravated harassment in the third degree.
    14    A  person  is guilty of aggravated harassment in the third degree when
    15  he or she photographs, whether by still or moving pictures,  any  person
    16  entering  or  leaving  a facility that provides reproductive health care
    17  services.
    18    This section does not  apply  to  any  expressive  conduct  (including
    19  peaceful picketing or other peaceful demonstration) protected from legal
    20  prohibition  by the first amendment to the United States constitution or
    21  section eight of article one of the state constitution or to  activities
    22  regulated  by  the national labor relations act, as amended, the railway
    23  labor act, as amended, or the federal employment labor  management  act,
    24  as amended.
    25    Aggravated harassment in the third degree is a class B misdemeanor.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08248-01-7