Establishes the crime of aggravated interference with health care services in the first and second degrees

15 Co-sponsors

• Richard Brodsky
• Ellen C. Jaffee
• Joan Christensen
• Joan Millman
• James F. Brennan
• Rory Lancman
• Jonathan Bing
• Steven Englebright
• Susan John
• Barbara Lifton
• Albert A. Stirpe
• Michelle Schimel
• Linda Rosenthal
• Richard Gottfried
• Alan Maisel

6 Multi-sponsors

• Michael Gianaris
• Deborah Glick
• Micah Kellner
• Fred Thiele
• David Townsend
• David Weprin

BILL NUMBER:A8924

Title of bill

An act to amend the penal law, in relation to the crime of aggravated interference with health care services

Purpose or general idea of bill

To protect doctors and other clinic workers from acts of violence intended

Summary of specific provisions

This bill does several things. First, it creates a new class E felony ("Aggravated interference with health care services in the second degree") to cause physical injury to someone who is obtaining, providing or assisting someone to obtain or provide repro- ductive health services. Causing physical injury is typically a class A misdemeanor.

2. It creates a new class C felony ("Aggravated interference with health care services in the first degree") to cause serious physical injury to someone who is obtaining, providing, or assisting someone to obtain or provide reproductive health services. Causing serious physical injury is typically a class D felony.

3. It makes certain conforming changes to the law to ensure that repeat offenders of offenses involving interfering with reproductive health care services are properly punished.

4. For the first time, it makes it a crime to cause such physical injury and serious physical injury to volunteers who are assisting others to obtain or to provide reproductive health care services rather than just the actual provider of those services. It also recognizes the harm caused to all others when exercising their constitutional rights in this context by making the assault crimes higher than they would otherwise be under the Penal Law.

Justification

Doctors and other staff who provide reproductive plan- ning services have been targeted by those who would seek to stop them from providing these constitutionally protected services. Doctor George Tiller was recently murdered in Kansas by an assailant who disagreed with his choice to provide family planning services and abortions in his medical practice. Sadly this was not the first time that Doctor Tiller had been attacked. He had in the past been shot several times because of his medical practice.

Dr. Tiller's murder is not an isolated incident. In 1998, here in New York, Dr. Barnett Slepian was targeted and murdered by a criminal who gunned down Dr. Slepian because he provided legal abortion services. He left behind a wife and family. Another Doctor John Britton and clinic escort were both killed in 1994. Dr. David Gunn was killed in 1993 during a protest. Robert Sanderson, a security guard at a clinic was also killed in 1998. Two receptionists at clinics were killed in 1994. The list of casualties goes on. A total list of all incidents targeting practitioners and health clinics is more than four pages long.

In order to provide for sustained access to legal services it is impor- tant that state law provide for the protection of doctors and other support staff. This bill, should it be passed, will provide just that.

Prior legislative history

NONE

Fiscal implications

NONE.

Effective date

90 days after it shall become law