A 9227: Relates to the definition of "reproductive health services" for purposes of the offense of criminal interference with health care services or religious worship in the second degree; defines "legally protected health activity"; increases the penalties for the criminal interference with health care services or religious worship in the first and second degrees, and for aggravated interference with health care services in the second degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 9227 2025-2026 Regular Sessions  IN ASSEMBLY November 3, 2025 ___________ Introduced by M. of A. LASHER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to certain crimes of inter- ference with health care services or religious worship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.70 of the penal law, as added by chapter 635 2 of the laws of 1999, is amended to read as follows: 3 § 240.70 Criminal interference with health care services or religious 4 worship in the second degree. 5 1. A person is guilty of criminal interference with health services or 6 religious worship in the second degree when: 7 (a) by force or threat of force or by physical obstruction, [he or 8 she] such person intentionally injures, intimidates or interferes with, 9 or attempts to injure, intimidate or interfere with, another person 10 because such other person was or is [obtaining or providing reproductive 11 health services] engaging in legally protected health activity; or 12 (b) by force or threat of force or by physical obstruction, [he or 13 she] such person intentionally injures, intimidates or interferes with, 14 or attempts to injure, intimidate or interfere with, another person in 15 order to discourage such other person or any other person or persons 16 from [obtaining or providing reproductive health services] engaging in 17 legally protected health activity; or 18 (c) by force or threat of force or by physical obstruction, [he or 19 she] such person intentionally injures, intimidates or interferes with, 20 or attempts to injure, intimidate or interfere with, another person 21 because such person was or is seeking to exercise the right of religious 22 freedom at a place of religious worship; or 23 (d) [he or she] such person intentionally damages the property of a 24 health care facility, or the physical location from which a person 25 engages in legally protected health activity, or attempts to do so, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13774-02-5 
 A. 9227 2 1 because such facility provides reproductive health services or the 2 location is the site of legally protected health activity, or inten- 3 tionally damages the property of a place of religious worship. 4 2. A parent or legal guardian of a minor shall not be subject to pros- 5 ecution for conduct otherwise prohibited by paragraph (a) or (b) of 6 subdivision one of this section which is directed exclusively at such 7 minor. 8 3. For purposes of this section: 9 (a) the term "health care facility" means a hospital, clinic, physi- 10 cian's office or other facility that provides reproductive health 11 services, and includes the building or structure in which the facility 12 is located; 13 (b) the term "interferes with" means to restrict a person's freedom of 14 movement; 15 (c) the term "intimidates" means to place a person in reasonable 16 apprehension of physical injury to [himself or herself] themself or to 17 another person; 18 (d) the term "physical obstruction" means rendering impassable ingress 19 to or egress from a facility that provides reproductive health services 20 or to or from a place of religious worship, or rendering passage to or 21 from such a facility or place of religious worship unreasonably diffi- 22 cult or hazardous; [and] 23 (e) the term "reproductive health services" [means health care 24 services provided in a hospital, clinic, physician's office or other 25 facility and includes medical, surgical, counseling or referral services 26 relating to the human reproductive system, including services relating 27 to pregnancy or the termination of a pregnancy.] shall mean and include 28 all services, care, or products of a medical, surgical, psychiatric, 29 therapeutic, diagnostic, mental health, behavioral health, preventative, 30 rehabilitative, supportive, consultative, referral, prescribing, or 31 dispensing nature relating to the human reproductive system provided in 32 accordance with the constitution and the laws of this state, whether 33 provided in person or by means of telehealth or telehealth services, 34 which includes, but is not limited to, all services, care and products 35 relating to pregnancy, assisted reproduction, contraception, miscarriage 36 management or the termination of a pregnancy, and self-managed termi- 37 nations; and 38 (f) the term "legally protected health activity" shall mean and 39 include the following acts and omissions by providers and facilitators 40 of reproductive health services, to the extent they are not in 41 violation of the constitution or the laws of this state, provided that 42 such provider is physically present in the state: 43 (i) the exercise or attempted exercise by any person of rights to 44 reproductive health services as secured by the constitution or laws of 45 this state or the provision of insurance coverage for such services or 46 care; and 47 (ii) any act or omission undertaken to aid or encourage, or attempt to 48 aid or encourage, any person in the exercise or attempted exercise of 49 rights to reproductive health services as secured by the constitution or 50 laws of this state, or to provide insurance coverage for such services 51 or care; provided, however, that the provision of such reproductive 52 health services by a person duly licensed under the laws of this state 53 and physically present in this state and the provision of insurance 54 coverage for such services or care shall be a legally protected health 55 activity if the service or care is permitted under the laws of this 56 state, regardless of the patient's location. 
 A. 9227 3 1 Criminal interference with health care services or religious worship 2 in the second degree is a class [A misdemeanor] E felony. 3 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the 4 laws of 2009, is amended to read as follows: 5 § 240.71 Criminal interference with health care services or religious 6 worship in the first degree. 7 A person is guilty of criminal interference with health care services 8 or religious worship in the first degree when [he or she] such person 9 commits the crime of criminal interference with health care services or 10 religious worship in the second degree and has been previously convicted 11 of the crime of criminal interference with health care services or reli- 12 gious worship in the first or second degree or aggravated interference 13 with health care services in the first or second degree. 14 Criminal interference with health care services or religious worship 15 in the first degree is a class [E] D felony. 16 § 3. Section 240.72 of the penal law, as added by chapter 493 of the 17 laws of 2009, is amended to read as follows: 18 § 240.72 Aggravated interference with health care services in the second 19 degree. 20 A person is guilty of the crime of aggravated interference with health 21 care services in the second degree when [he or she] such person commits 22 the crime of criminal interference with health care services or reli- 23 gious worship in violation of paragraph (a) of subdivision one of 24 section 240.70 of this article and thereby causes physical injury to 25 such other person who was obtaining or providing, or was assisting 26 another person to obtain or provide reproductive health services. 27 Aggravated interference with health care services in the second degree 28 is a class [E] D felony. 29 § 4. This act shall take effect on the sixtieth day after it shall 30 have become a law.