S 4244: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4244 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ 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 Assem- bly, do enact as follows: 1 Section 1. Section 240.00 of the penal law is amended by adding two 2 new subdivisions 8 and 9 to read as follows: 3 8. "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 9. "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 such person 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. LBD07933-01-5