What's happening
This bill makes it a class B misdemeanor to photograph anyone entering or leaving a reproductive health care facility.
Why it matters
Protects privacy and safety. By criminalizing photography of individuals entering or leaving reproductive health care facilities, the bill aims to shield patients and staff from being identified, harassed, or publicly shamed, which has been a tactic used to intimidate those seeking or providing such services.
Clarifies what is covered. The bill defines “reproductive health care services” broadly—including medical, surgical, counseling, or referral services related to the human reproductive system, such as pregnancy and its termination—meaning the protection applies to a wide range of reproductive health scenarios.
Limits on the law’s reach. The bill explicitly exempts expressive conduct protected by the First Amendment, such as peaceful picketing or demonstration, and activities covered by federal labor laws, balancing privacy protection with constitutional rights to free speech and labor actions.
Introduces criminal penalties. By making this conduct a class B misdemeanor, the bill provides for tangible legal consequences (such as potential jail time or fines), signaling the seriousness of privacy and harassment concerns around reproductive health care access.
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Who cares
Headline styles
Ban Clinic Entrance Photos
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2260
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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.
LBD06494-01-9
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.