What's happening
This bill makes it a misdemeanor to photograph people entering or leaving reproductive health care facilities, with exceptions for protected expressive conduct.
Why it matters
Seeks to protect the privacy and safety of individuals accessing reproductive health care services. by making it a misdemeanor to photograph people entering or leaving such facilities, potentially reducing the risk of harassment, intimidation, or public shaming.
Defines “reproductive health care services” and “facility” broadly. , ensuring that protections extend to a wide range of locations and services, not just abortion clinics, which could impact both patients and providers seeking or offering diverse reproductive health care.
Includes explicit exemptions for activities protected by the First Amendment and labor laws. , meaning peaceful protests, demonstrations, or labor actions would not be criminalized, which addresses constitutional concerns and aims to avoid infringing on protected expressive conduct.
Establishes a new category of “aggravated harassment in the third degree” as a class B misdemeanor. , signaling an increased state commitment to deter targeted harassment at reproductive health care sites, which may influence broader debates over clinic access, protest, and privacy rights.
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Who cares
Headline styles
Ban Clinic Entrance Photos
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Clinic Entry Photos
In Senate Committee · Codes · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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 Assembly, do enact as follows:
Section 1. Section 240.00 of the penal law is amended by adding two new subdivisions 7 and 8 to read as follows:
7. "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.
8. "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.
LBD08248-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.