What's happening
This bill makes it a misdemeanor to photograph people entering or leaving reproductive health care facilities, with certain free speech exceptions.
Why it matters
Addresses privacy and safety concerns. for individuals seeking reproductive health care by making it a criminal offense to photograph them entering or leaving such facilities, which targets intimidation or harassment tactics sometimes used by protestors.
Specifically defines “reproductive health care services” and “facility,”. ensuring that the law is clear about what locations and types of care are protected, which may help with enforcement and limit ambiguity.
Includes explicit free speech and labor law exceptions,. meaning peaceful protests, demonstrations, and activities protected by the First Amendment and labor laws are not criminalized—aiming to balance privacy with constitutional rights.
Establishes aggravated harassment in the third degree as a class B misdemeanor,. meaning violators could face up to three months in jail or other penalties, signaling a serious but not felony-level response to this form of harassment.
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Who cares
Headline styles
Ban Clinic Entrance Photography
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4789
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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 8 and 9 to read as follows:
8. "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.
9. "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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06494-02-9
S. 4789 2
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggra- vated harassment in the third degree
Purpose or general idea of bill
This bill defines as aggravated harassment in the third degree photo- graphing persons entering or leaving reproductive health care services facilities.
Summary of specific provisions
This bill would amend Section 240.00 of the penal law by adding two new subdivisions 3 and 4. This bill would also amend the penal law by adding a new section 240.29 which would define aggravated harassment in the third degree.
Justification
Outside many women's health clinics, anti-choice protestors have set up video cameras and cameras to photograph and tape people as they enter and exit the clinics. This taping and photographing serves no legitimate purpose other than to intimidate patients receiving care at the clinic. Often, protestors videotape and photograph people's license plates and then use the information to track them.
In the wake of clinic violence and the murder of doctors who work at these facilities, it is vitally important that the confidentiality of the people who use clinics and the people who work there be protected by all means. This bill simply seeks to safeguard patients and workers from those persons who would use any information to harm them.
Prior legislative history
2017-2018: S7365 - REFERRED TO CODES 2015-2016: A3454 2013-2014: A3368 2012: A2970 2007: A5519 2006: A9353
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.