Establishes the crime of unlawful use of violence or intimidation in pursuit of political aims; includes blocking of a public road, bridge, transportation facility or tunnel as when, acting with the intent to cause the deliberate blocking of every class of a public road, bridge, transportation facility or tunnel that interferes with traffic and public safety; makes such crime a class A misdemeanor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8951B
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
unlawful use of violence or intimidation in pursuit of political aims;
blocking of a public road, bridge, transportation facility or tunnel
SUMMARY OF PROVISIONS:
Section 1 amends the penal law by adding section 270.45 which outlines
the crime of unlawful use of violence or intimidation in pursuit of
political aims; blocking of a public road, ridge or tunnel. For the
purpose of this section, "public road" shall include: a street, avenue,
road, alley, lane, highway, boulevard, concourse, parkway, driveway,
culvert, sidewalk, crosswalk, boardwalk and viaduct, and every class of
public road, square and place.
Section 2 sets an effective date, immediately
JUSTIFICATION:
The U.S. Constitution enshrines our right to freely assemble which is a
beautiful cornerstone of our democracy. However, when those who protest
directly hinder the ability for pedestrians and motorists to freely
move, impacting their ability to arrive at a location, or seek aid, that
is unacceptable. The purposeful blocking of bridges, tunnels and road-
ways which results in cars being stopped, sick people not being able to
get medical attention, or any attempt to prevent innocent people from
getting from Point A to Point B is not appropriate or fair - in fact it
is flat out dangerous.
This bill would create a new section of law that when a person (or
persons) deliberately block a bridge, tunnel or. public road, they are
engaging in an act of unlawful use of violence or intimidation in
pursuit of political aims, which shall be deemed a class A misdemeanor.
While people have the right to protest, they do not have the right to
cause fear, panic and put the lives of other people in danger.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8951--B
IN ASSEMBLY
January 30, 2024
___________
Introduced by M. of A. PHEFFER AMATO, BERGER, BUTTENSCHON, DINOWITZ --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to establishing the crime of
unlawful use of violence or intimidation in pursuit of political aims;
blocking of a public road, bridge, transportation facility or tunnel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 270.45 to
2 read as follows:
3 § 270.45 Unlawful use of violence or intimidation in pursuit of poli-
4 tical aims; blocking of a public road, bridge, transportation
5 facility or tunnel.
6 1. A person is guilty of the crime of unlawful use of violence or
7 intimidation in pursuit of political aims; blocking of a public road,
8 bridge, transportation facility or tunnel when such person acts with the
9 intent to cause the deliberate blocking of every class of a public road,
10 bridge, transportation facility or tunnel that interferes with traffic
11 and public safety.
12 2. For the purposes of this section, the following terms shall have
13 the following meanings:
14 (a) "Public road" shall include a street, avenue, road, alley, lane,
15 highway, boulevard, concourse, parkway, driveway, culvert, sidewalk,
16 crosswalk, boardwalk and viaduct, and every class of public road, square
17 and place.
18 (b) "Transportation facility" means any conveyance, premises, or place
19 used for or in connection with public passenger transportation, whether
20 by air, railroad, motor vehicle or any other method. It includes
21 aircraft, watercraft, railroad cars, subway cars, buses, school buses as
22 defined in section one hundred forty-two of the vehicle and traffic law,
23 and air, boat, subway, railroad and bus terminals and stations and all
24 appurtenances thereto.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14088-03-4
A. 8951--B 2
1 Unlawful use of violence or intimidation in pursuit of political aims;
2 blocking of a public road, bridge, transportation facility or tunnel is
3 a class A misdemeanor.
4 § 2. This act shall take effect immediately.
