Bill Text: NY S04173 | 2025-2026 | General Assembly | Introduced
Bill Title: Enacts the reproductive health care facilities and religious worship access act; provides that the crime of criminal interference with health care services or religious worship shall be established by the mens rea of knowingly injuring, intimidating or interfering with a person obtaining or providing or assisting in obtaining or providing reproductive health services or a place of religious worship; includes in the definition of such crime engaging in a course of conduct or repeatedly committing acts within twenty-five feet of the premises of a reproductive health care facility or a place of religious worship; defines such premises; provides for a civil cause of action for any person harmed by conduct constituting such a crime.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-03 - REFERRED TO CODES [S04173 Detail]
Download: New_York-2025-S04173-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4173 2025-2026 Regular Sessions IN SENATE February 3, 2025 ___________ Introduced by Sens. PARKER, MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: 1 Section 1. This act shall be known and may be cited as the "reproduc- 2 tive health care facilities and religious worship access act". 3 § 2. Legislative intent. The legislature finds that the right to 4 obtain reproductive health services and the right to religious worship 5 are essential personal rights protected by state and federal law. Equal- 6 ly, the right to peaceably protest and express one's views is protected 7 by state and federal law. Such actions include, but are not limited to, 8 the right to speak, march, demonstrate, or engage in other activity 9 protected by the First Amendment. 10 The legislature finds that current law does not adequately protect 11 reproductive health care facilities or places of religious worship and 12 those who work in or seek services from or access to such facilities. 13 Therefore, the legislature has determined that it is appropriate for the 14 protection of the public health, safety and welfare, to enact legis- 15 lation to prohibit interference with access to reproductive health care 16 services or places of religious worship, so that persons harmed by such 17 conduct can seek redress in the courts and the state can obtain injunc- 18 tive relief and damages. Furthermore, the legislature has determined 19 that it is appropriate to enact this legislation to: ensure public safe- 20 ty and order; protect freedom to receive reproductive health services; 21 advance medical privacy and the well-being of patients seeking reproduc- 22 tive health care services at facilities; protect the exercise of reli- 23 gious freedom at places of religious worship and the well-being of those EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07766-01-5S. 4173 2 1 exercising their freedom of religion at places of religious worship; and 2 safeguard private property. 3 § 3. Section 240.70 of the penal law, as added by chapter 635 of the 4 laws of 1999, is amended to read as follows: 5 § 240.70 Criminal interference with health care services or religious 6 worship in the second degree. 7 1. A person is guilty of criminal interference with health services or 8 religious worship in the second degree when: 9 (a) by force or threat of force or by physical obstruction, [he or she10intentionally] such person knowingly injures, intimidates or interferes 11 with, or attempts to injure, intimidate or interfere with, another 12 person because such other person was or is obtaining or providing, or 13 assisting in obtaining or providing, reproductive health services; or 14 (b) by force or threat of force or by physical obstruction, [he or she15intentionally] such person knowingly injures, intimidates or interferes 16 with, or attempts to injure, intimidate or interfere with, another 17 person in order to discourage such other person or any other person or 18 persons from obtaining or providing, or assisting in obtaining or 19 providing, reproductive health services; or 20 (c) by force or threat of force or by physical obstruction, [he or she21intentionally] such person knowingly injures, intimidates or interferes 22 with, or attempts to injure, intimidate or interfere with, another 23 person because such person was or is seeking to exercise, or assisting 24 in the exercise of the right of religious freedom at a place of reli- 25 gious worship; or 26 (d) [he or she intentionally] such person knowingly damages the prop- 27 erty of a health care facility, or attempts to do so, because such 28 facility provides reproductive health services, or intentionally damages 29 the property of a place of religious worship[.]; or 30 (e) such person engages in a course of conduct or repeatedly commits 31 acts, or attempts to engage in a course of conduct or repeatedly commit 32 acts, within twenty-five feet of the premises of a reproductive health 33 care facility in order to discourage another person from obtaining or 34 providing, or assisting in obtaining or providing, reproductive health 35 care services when such behavior places such other person in reasonable 36 fear of harm; or 37 (f) such person engages in a course of conduct or repeatedly commits 38 acts, or attempts to engage in a course of conduct or repeatedly commit 39 acts, within twenty-five feet of the premises of a place of religious 40 worship in order to discourage another person from exercising, or 41 assisting in exercising, their right of religion at a place of religious 42 worship when such behavior places such other person in reasonable fear 43 of harm; or 44 (g) within one hundred feet of the entrance to, or within, a reproduc- 45 tive health care services facility, such person intentionally vide- 46 otapes, films, photographs, or records by electronic means, a reproduc- 47 tive health care services patient, person assisting the reproductive 48 health care services patient, provider, or assistant, without that 49 person's consent with specific intent to intimidate the person from 50 becoming or remaining a reproductive health care services patient, 51 person assisting the reproductive health care services patient, provid- 52 er, or assistant, and thereby causes the person to be intimidated; or 53 (h) in any manner or forum, including, but not limited to, internet 54 websites and social media, such person intentionally discloses or 55 distributes a videotape, film, photograph, or recording knowing it was 56 obtained in violation of paragraph (g) of this subdivision with theS. 4173 3 1 specific intent to intimidate the person from becoming or remaining a 2 reproductive health care services patient, person assisting the repro- 3 ductive health care services patient, provider, or assistant, and there- 4 by causes the person to be intimidated; or 5 (i) such person knowingly publicly posts or publicly displays, 6 discloses, or distributes on internet websites or social media, the 7 personal information or image of any reproductive health care services 8 patient, person assisting the reproductive health care services patient, 9 provider, or assistant, or other individuals residing at the same home 10 address with the intent to do either of the following: 11 (i) incite a third person to cause imminent great bodily harm to the 12 reproductive health care services patient, person assisting the repro- 13 ductive health care services patient, provider, or assistant, identified 14 in the posting or display, or to a co-resident of that person, where the 15 third person is likely to commit this harm; or 16 (ii) threatens the reproductive health care services patient, person 17 assisting the reproductive health care services patient, provider, or 18 assistant, identified in the posting or display, or a co-resident of 19 that person, in a manner that places the person identified or the co-re- 20 sident in objectively reasonable fear for their personal safety. 21 2. A parent or legal guardian of a minor shall not be subject to pros- 22 ecution for conduct otherwise prohibited by [paragraph (a) or (b) of] 23 subdivision one of this section which is directed exclusively at such 24 minor. 25 3. For purposes of this section: 26 (a) the term "health care facility" means a hospital, clinic, physi- 27 cian's office or other facility that provides reproductive health 28 services, and includes the building or structure in which the facility 29 is located; 30 (b) the term "image" includes, but is not limited to, a photograph, 31 video footage, sketch, or computer-generated image that provides a means 32 to visually identify the person depicted; 33 (c) the term "interferes with" means to restrict a person's freedom of 34 movement and shall include, but shall not be limited to, activities that 35 restrict or attempt to restrict access to or from a health care facili- 36 ty, the performance of medical procedures at a health care facility or 37 the delivery of goods to such a facility or access to or from a place of 38 religious worship or delivery of goods to a place of religious worship; 39 [(c)] (d) the term "intimidates" means to place a person in reasonable 40 apprehension of physical injury to [himself or herself] themself or to 41 another person; 42 [(d)] (e) the term "personal information" means information that iden- 43 tifies, relates to, describes, or is capable of being associated with a 44 reproductive health care services patient, person assisting the repro- 45 ductive health care services patient, provider, or assistant, including, 46 but not limited to, their name, signature, social security number, phys- 47 ical characteristics or description, address, telephone number, passport 48 number, driver's license or state identification card number, license 49 plate number, employment, employment history, and financial information; 50 (f) the term "physical obstruction" means rendering impassable ingress 51 to or egress from a facility that provides reproductive health services 52 or to or from a place of religious worship, or rendering passage to or 53 from such a facility or place of religious worship unreasonably diffi- 54 cult or hazardous; [andS. 4173 4 1(e)] (g) the term "publicly post" or "publicly display" means to 2 intentionally communicate or otherwise make available to the general 3 public; 4 (h) the term "reproductive health care services" means health care 5 services provided in a hospital, clinic, physician's office or other 6 facility and includes medical, surgical, counseling or referral services 7 relating to the human reproductive system, including services relating 8 to pregnancy or the termination of a pregnancy[.]; 9 (i) the term "premises of a reproductive health care facility" means a 10 health care facility and includes the driveway, entrance, entryway or 11 exit of such facility, any parking lot in which the facility has an 12 ownership or leasehold interest and any public parking lots within two 13 hundred feet of the facility which serve the facility; 14 (j) the term "premises of a place of religious worship" means a struc- 15 ture or space where individuals or a group of people come to exercise 16 their right of religious worship and includes the driveway, entrance, 17 entryway or exit of such structure or space, any parking lot in which 18 the structure or space has an ownership or leasehold interest and any 19 public parking lots within two hundred feet of the structure or space 20 which serves the structure or space; 21 (k) the term "reproductive health care services patient, person 22 assisting the reproductive health care services patient, provider or 23 assistant" means a person or entity, including, but not limited to, 24 employees, staff, volunteers, and third-party vendors, that is or was 25 involved in obtaining, seeking to obtain, providing, seeking to provide, 26 or assisting or seeking to assist another person, at that person's 27 request, to obtain or provide any services in a reproductive health care 28 services facility, or a person or entity that is or was involved in 29 owning or operating or seeking to own or operate a reproductive health 30 care services facility; and 31 (l) the term "social media" means an electronic service or account, 32 or electronic content, including, but not limited to, videos or still 33 photographs, blogs, video blogs, podcasts, instant and text messages, 34 email, online services or accounts, or internet website profiles or 35 locations. 36 Criminal interference with health care services or religious worship 37 in the second degree is a class A misdemeanor. 38 § 4. Section 79-m of the civil rights law, as amended by chapter 566 39 of the laws of 2008, is amended to read as follows: 40 § 79-m. Criminal interference with health care services, religious 41 worship, funeral, burial or memorial service; injunction; civil action. 42 1. Whenever the attorney general or district attorney of the county 43 where the affected health care facility, place of religious worship, or 44 site of a funeral, burial or memorial service is located has reasonable 45 cause to believe that any person or group of persons is being, has been, 46 or may be injured by conduct constituting a violation of section 240.21, 47 240.70 [or], 240.71, 240.72 or 240.73 of the penal law, the attorney 48 general or district attorney may bring an action in the name of the 49 people of the state of New York to permanently enjoin such violation. In 50 such action preliminary and temporary relief may be granted under arti- 51 cle sixty-three of the civil practice law and rules. 52 2. A civil claim or cause of action to recover from a defendant as 53 hereinafter defined, for physical, psychological or other injury or 54 condition suffered by a person, including any person whose ability to 55 access the premises of a health care facility or premises of a place of 56 religious worship has been interfered with or any owner or operator ofS. 4173 5 1 such a facility or owner of a building in which such facility is located 2 or any employee or volunteer working for such a facility, as a result 3 of acts by such defendant of criminal interference with health care 4 services or religious worship in the second degree as defined in section 5 240.70 of the penal law, criminal interference with health care services 6 or religious worship in the first degree as defined in section 240.71 of 7 the penal law, aggravated interference with health care services in the 8 second degree as defined in section 240.72 of the penal law, or aggra- 9 vated interference with health care services in the first degree as 10 defined in section 240.73 of the penal law may be brought within five 11 years. As used in this subdivision, the term "defendant" shall mean only 12 a person who commits the acts described in this subdivision or who, in a 13 criminal proceeding, could be charged with criminal liability for the 14 commission of such acts pursuant to section 20.00 of the penal law and 15 shall not apply to any related civil claim or cause of action arising 16 from such acts. Nothing in this section shall be construed to require 17 that a criminal charge be brought or a criminal conviction be obtained 18 as a condition of bringing a civil cause of action or receiving a civil 19 judgment pursuant to this subdivision or be construed to require that 20 any of the rules governing a criminal proceeding be applicable to any 21 such civil action. A plaintiff in a civil cause or action brought pursu- 22 ant to this subdivision may seek any relief available consistent with 23 the civil practice law and rules, including injunctive relief. 24 § 5. Severability. If any clause, sentence, paragraph, section or part 25 of this act shall be adjudged by any court of competent jurisdiction to 26 be invalid and after exhaustion of all further judicial review, the 27 judgment shall not affect, impair or invalidate the remainder thereof, 28 but shall be confined in its operation to the clause, sentence, para- 29 graph, section or part of this act directly involved in the controversy 30 in which the judgment shall have been rendered. 31 § 6. This act shall take effect on the first of November next succeed- 32 ing the date on which it shall have become a law.
