A03133 Summary:

BILL NOA03133
 
SAME ASSAME AS S03070
 
SPONSORDinowitz
 
COSPNSRBerger, Paulin, Rozic, Stern, Lasher, Eichenstein, Hevesi, Kay, Yeger, Levenberg, Glick, Steck, Buttenschon, Lavine
 
MLTSPNSR
 
Add §240.12, amd §240.30, Pen L
 
Establishes masked harassment when a person wears a mask or other face covering that intentionally hides or conceals their face for the primary purpose of menacing or threatening another person or placing another person or group of persons in reasonable fear for their physical safety.
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A03133 Actions:

BILL NOA03133
 
01/23/2025referred to codes
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A03133 Committee Votes:

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A03133 Floor Votes:

There are no votes for this bill in this legislative session.
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A03133 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3133REVISED 1/24/25
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the penal law, in relation to the crime of masked harassment and aggravated harassment   PURPOSE: Creates the crime of masked harassment as a• violation. Amends the crime of aggravated harassment in the second degree to account for masked harassment.   SUMMARY OF PROVISIONS: Section one of the bill provides the legislative intent. Section two of the bill adds section 240.12 to the penal law to make a person is guilty of the crime of masked harassment when they wear a mask or other face covering that intentionally hides or conceals their face for the primary purpose of menacing or threatening violence against another person or placing another person or group of persons in reason- able fear for their physical safety. This section specifies that it does not constitute an offense of masked harassment where a person is not wearing a mask or face covering for the primary purpose of menacing primary purpose of menacing or threatening violence against another person or placing another person or group of persons in reasonable fear for their physical safety, including while wearing a mask or face cover- ing on or near the occasion of a holiday, celebration, or other event involving costumes, to ensure their physical safety because of their occupation, trade, or profession, for protection against weather elements or participation in winter sports, for artistic or theatrical production or celebration, for protection during or related to an emer- gency situation or during emergency management drills, with the inten- tion of ensuring one's physical health and safety or the healt h and safety of others, including but not limited to limiting the spread of airborne illnesses, or for religious purposes.This section states that masked harassment is a violation. Section three of the bill amends subdivision 3 of § 240.30 of the penal law to additionally make a person guilty of aggravated harassment in the second degree when while wearing a mask or face covering to inten- tionally conceal their identity and for the primary purpose of placing such person or group in reasonable fear for their physical safety, they strike, shove, kick, or otherwise subject another person to physical contact, including by removing a religious clothing article or headdress from such person, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, gender identity or expression, religion, reli- gious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct. This section specifies that it does not constitute an offense of aggravated harassment in the second degree where a person is not wearing a mask or face covering for the primary purpose of mask or face covering for the primary purpose of placing another person or group in reasonable fear for their physical safety while striking, shoving, kicking, or otherwise subjecting another person to physical contact, including removing a religious clothing article or headdress from such person, or attempting or threatening to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, including while wearing a mask or face covering on or near the occasion of a holiday, celebration, or other event involving costumes, to ensure their physical safety because of their occupation, trade, or profession, for protection against weather elements or participation in winter sports, for artistic or theatrical production or celebration, for protection during or related to an emergency situation or during emer- gency management drills, with the intention of ensuring one's physical health and safety or the health and safety of others, including but not limited to limiting the spread of airborne illnesses, or for religious purposes. Aggravated harassment in the second degree is a class A misde- meanor. Section four of the bill provides the effective date.   JUSTIFICATION: In the State of New York, there has been a resurgence of masked harass- ment and intimidation in which individuals have intentionally hidden their identities with face coverings in order to menace, harass, threat- en, and place others in fear for their physical safety. Anti-masked harassment laws, which were previously codified in New York, were an effective deterrent against this conduct. The purpose of this bill is to prioritize once again public safety by reintroducing the crime of masked harassment and ensuring that existing aggravated harassment laws cover this conduct. The new prohibition of masked harassment is limited to the intentional concealment of a person's face and identity with the intent to menace, threaten, or place another person or group in reasonable fear for their physical safety. This bill also amends the crime of aggravated harassment in the second degree to include provisions related to masked harassment. This bill is intended to adhere to and uphold free speech protections enshrined in the U.S. and New York Constitutions and provides specific carveouts for face coverings worn for, among other reasons, the protection of one's health and safety or religious reasons. Nothing in this bill is intended to be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States or Article I of the Constitution of the State of New York.   PRIOR LEGISLATIVE HISTORY: 2023-24: A.10057-A - Codes / S.9867 - Rules   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
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A03133 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3133
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2025
                                       ___________
 
        Introduced by M. of A. DINOWITZ, BERGER -- read once and referred to the
          Committee on Codes
 
        AN  ACT  to  amend  the  penal  law,  in relation to the crime of masked
          harassment and aggravated harassment
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent.  During  the COVID-19 pandemic, when
     2  masks became essential  for  public  health  reasons,  many  anti-masked
     3  harassment  laws  across the country were suspended, modified, or in New
     4  York state's case, completely repealed.
     5    The original intent behind these late 19th and early 20th century laws
     6  - to prevent masked individuals  and  groups  from  engaging  in  public
     7  intimidation  or  violence  -  remains wholly relevant today.   New York
     8  state currently faces a new era of masked harassment  and  intimidation.
     9  Individuals  who are targeting others with violence and intimidation are
    10  using masks and other face coverings as a tool to place their targets in
    11  fear of physical harm.   This anti-masked harassment  legislation  would
    12  reinstate  an  anti-masked  harassment  law  in New York   following its
    13  repeal because of  public  health  considerations  during  the  COVID-19
    14  pandemic,  and  has  been  modified  to  address these health and safety
    15  concerns.
    16    The recent insurrection at the U.S. Capitol in 2021, is a  quintessen-
    17  tial  example  of  how  individuals  who  threaten  and intimidate their
    18  targets have worn masks to place others in fear for their physical safe-
    19  ty, including during the commission of violent criminal  acts.    Masked
    20  actors,  like the KKK in the past, frequently rely on their anonymity to
    21  intimidate, provoke violence, and carry out acts of terrorism.
    22    Anti-masked harassment  laws  can  serve  as  an  effective  deterrent
    23  against such identity-based violence.
    24    In  the effort to continue to uphold free speech protections enshrined
    25  in the U.S. and New York Constitutions  --  while  also  protecting  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02066-05-5

        A. 3133                             2
 
     1  safety  of  all  New Yorkers -- this legislation acknowledges that masks
     2  are worn for many lawful purposes, including to protect one's health and
     3  safety or for religious reasons, and  accordingly  provides  appropriate
     4  carveouts.
     5    This  measure is not only a legal necessity, but a moral imperative to
     6  ensure the rights of all New Yorkers are protected to the fullest extent
     7  of the law. With this legislation, New York will send a  clear  message:
     8  masked harassment and violence will not be tolerated in our state.
     9    §  2.  The penal law is amended by adding a new section 240.12 to read
    10  as follows:
    11  § 240.12 Masked harassment.
    12    1.  A person is guilty of the crime of  masked  harassment  when  such
    13  person   wears a mask or other face covering that intentionally hides or
    14  conceals their face for the primary purpose of menacing  or  threatening
    15  violence  against  another  person or placing another person or group of
    16  persons in reasonable fear for their physical safety.
    17    2. It shall not constitute an offense of masked harassment under  this
    18  section  where  a  person is not wearing a mask or face covering for the
    19  primary purpose of menacing  or  threatening  violence  against  another
    20  person  or placing another person or group of persons in reasonable fear
    21  for their physical safety, including:
    22    (a) wearing a mask or face covering on or near the occasion of a holi-
    23  day, celebration or other event involving costumes;
    24    (b) wearing a mask or face covering for the purpose  of  ensuring  the
    25  physical  safety  of the wearer or because of the nature of the person's
    26  occupation, trade, or profession;
    27    (c) wearing a mask or face covering for the purpose of protection from
    28  the weather elements or while participating in a winter sport;
    29    (d) wearing a mask or face  covering  in  an  artistic  or  theatrical
    30  production or celebration;
    31    (e)  wearing  a  gas  mask or other protective facial covering for the
    32  purposes of protection during or related to an emergency  situation,  or
    33  during emergency management drills;
    34    (f)  wearing a medical mask, face shield, or other similar face cover-
    35  ing with the intention of ensuring one's physical health and  safety  or
    36  the  health  and safety of others, including but not limited to limiting
    37  the spread of airborne illnesses; or
    38    (g) wearing a mask or face covering for religious purposes.
    39    Masked harassment is a violation.
    40    § 3.  Subdivision 3 of section 240.30 of the penal law, as amended  by
    41  chapter 545 of the laws of 2024, is amended to read as follows:
    42    3.  (a)  With  the  intent to harass, annoy, threaten or alarm another
    43  person, or while wearing  a  mask  or  face  covering  to  intentionally
    44  conceal  one's  identity  and for the primary purpose of placing another
    45  person or group in reasonable fear for their  physical  safety,  [he  or
    46  she]  such  person strikes, shoves, kicks, or otherwise subjects another
    47  person to physical contact,  including  removing  a  religious  clothing
    48  article  or  headdress  from such person, or attempts or threatens to do
    49  the same because of a belief or perception regarding such person's race,
    50  color, national origin, ancestry, gender, gender identity or expression,
    51  religion, religious practice, age,  disability  or  sexual  orientation,
    52  regardless of whether the belief or perception is correct.
    53    (b)  It  shall  not constitute the offense of aggravated harassment in
    54  the second degree under this section where a person  is  not  wearing  a
    55  mask  or face covering for the primary purpose of placing another person
    56  or group in reasonable fear for their physical  safety  while  striking,

        A. 3133                             3
 
     1  shoving,  kicking,  or  otherwise  subjecting another person to physical
     2  contact, including removing a religious clothing  article  or  headdress
     3  from such person, or attempting or threatening to do the same because of
     4  a  belief  or  perception  regarding such person's race, color, national
     5  origin, ancestry, gender, gender identity or expression, religion, reli-
     6  gious practice, age, disability or  sexual  orientation,  regardless  of
     7  whether the belief or perception is correct, including:
     8    (i) wearing a mask or face covering on or near the occasion of a holi-
     9  day, celebration or other event involving costumes;
    10    (ii)  wearing  a mask or face covering for the purpose of ensuring the
    11  physical safety of the wearer or because of the nature of  the  person's
    12  occupation, trade, or profession;
    13    (iii)  wearing  a  mask or face covering for the purpose of protection
    14  from the weather elements or while participating in a winter sport;
    15    (iv) wearing a mask or face covering  in  an  artistic  or  theatrical
    16  production or celebration;
    17    (v)  wearing  a  gas  mask or other protective facial covering for the
    18  purposes of protection during or related to an emergency  situation,  or
    19  during emergency management drills;
    20    (vi) wearing a medical mask, face shield, or other similar face cover-
    21  ing  with  the intention of ensuring one's physical health and safety or
    22  the health and safety of others, including but not limited  to  limiting
    23  the spread of airborne illnesses; or
    24    (vii) wearing a mask or face covering for religious purposes; or
    25    § 4. This act shall take effect immediately.
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