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

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 reproductive 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 planning services have been targeted by those who would seek to stop them from providing these constitutionally protected services. Doctor George Tiller was murdered in Kansas in May of 2009, 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 been shot several times in the past 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. According to the National Abortion Federation, since 1977 in the United States and Canada, property crimes committed against abortion providers have included 41 bombings, 173 arsons, 91 attempted bombings or arsons, 619 bomb threats, 1630 incidents of trespassing, 1264 incidents of vandalism, and 100 attacks with butyric acid ("stink bombs"). In that same 32 year period, there have been 17 attempted murders, 383 death threats, 153 incidents of assault or battery, and 3 kidnappings committed against abortion providers.

In order to provide for sustained access to legal services it is important 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.