A03454 Summary:

BILL NOA03454
 
SAME ASNo Same As
 
SPONSORWright
 
COSPNSR
 
MLTSPNSR
 
Amd S240.00, add S240.29, Pen L
 
Defines photographing (whether by still or moving pictures) persons entering or leaving reproductive health care services facilities as aggravated harassment in the third degree; exempts constitutionally protected conduct and activities regulated by certain federal labor laws.
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A03454 Actions:

BILL NOA03454
 
01/22/2015referred to codes
01/06/2016referred to codes
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A03454 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3454
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced by M. of A. WRIGHT -- 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  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  240.00 of the penal law is amended by adding two
     2  new subdivisions 7 and 8 to read as follows:
     3    7. "Reproductive health care  services"  means  health  care  services
     4  provided in a hospital, clinic, physician's office or other facility and
     5  includes  medical, surgical, counseling or referral services relating to
     6  the human reproductive system, including services relating to  pregnancy
     7  or the termination of a pregnancy.
     8    8.  "Facility"  means  a hospital, clinic, physician's office or other
     9  facility that provides reproductive health care services,  and  includes
    10  the building or structure in which the facility is located.
    11    §  2.  The penal law is amended by adding a new section 240.29 to read
    12  as follows:
    13  § 240.29 Aggravated harassment in the third degree.
    14    A person is guilty of aggravated harassment in the third  degree  when
    15  he  or  she photographs, whether by still or moving pictures, any person
    16  entering or leaving a facility that provides  reproductive  health  care
    17  services.
    18    This  section  does  not  apply  to  any expressive conduct (including
    19  peaceful picketing or other peaceful demonstration) protected from legal
    20  prohibition by the first amendment to the United States constitution  or
    21  section  eight of article one of the state constitution or to activities
    22  regulated by the national labor relations act, as amended,  the  railway
    23  labor  act,  as amended, or the federal employment labor management act,
    24  as amended.
    25    Aggravated harassment in the third degree is a class B misdemeanor.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05063-01-5
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