NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10057A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the penal law, in relation to unlawful concealment of
identity
PURPOSE:
To remove the cloak of anonymity from individuals who commit aggressive
actions against others during a lawful or unlawful assembly or riot.
SUMMARY OF PROVISIONS:
Section one of the bill adds section 240.12 to the penal law establish-
ing that it shall be unlawful for any person or person's involved in an
lawful assembly, unlawful assembly, or riot to conceal their identity in
public, unless they are wearing a personal protective equipment during a
declared public health emergency or are wearing attire that conceals
their identity if the attire is worn for religious observance or
customs. This section also defines personal protective equipment, and
makes concealment of identity in a lawful assembly, unlawful assembly,
or riot a violation.
Section two of the bill provides the effective date.
JUSTIFICATION:
There is no doubt that people can be more apt to act irresponsibly when
their conduct cannot be traced back to them. This is especially true
during times of high volatility and civil unrest, where people are more
predisposed to act contemptibly when they feel their actions are unat-
tributable to them. This legislation will minimize the likelihood of
those individuals committing despicable acts.
On January 20, 2004, in Church of the American Knights of the KKK v.
Kerik, the United States Court of Appeals for the Second Circuit found §
240.35(4) of the New York Penal Law, which prohibited persons "{b}eing
masked or in any manner disguised by unusual or unnatural attire or
facial alteration" with others in public, to be constitutional. The
Court reasoned, contra the Church of the American Knights of the KKK,
that masks and disguises that conceal one's identity, such as the menac-
ing white hoods that members of the Klan sought to wear during a public
demonstration in New York City a couple of years prior, did not consti-
tute "expressive conduct," and, thus, did not run afoul of the First
Amendment. When the Department of Health mandated the wearing of masks
in public spaces in 2020 to stop the spread of COVID-19, § 240.35(4) of
the New York Penal Law was repealed to avoid confusion amongst the
public.
Everyone has a right to protest and express themselves freely, it is one
of the central tenets of our society, but they do not have a right to
conceal their identity while doing so.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
10057--A
IN ASSEMBLY
May 2, 2024
___________
Introduced by M. of A. DINOWITZ, BERGER, GLICK, HEVESI, DAVILA -- read
once and referred to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the penal law, in relation to unlawful concealment of
identity
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 240.12 to
2 read as follows:
3 § 240.12 Concealment of identity in a lawful assembly, unlawful assem-
4 bly, or riot.
5 1. It shall be unlawful for any person or persons, involved in a
6 lawful assembly, unlawful assembly, or riot, to wear a hood, mask, or
7 device whereby the person or the person's face is disguised so as to
8 conceal the identity of the wearer. This section shall not apply to any
9 person or persons wearing personal protective equipment for the purpose
10 of ensuring the physical health or safety of the wearer or others during
11 a declared public health emergency, nor shall it apply to any person or
12 persons wearing attire that conceals their identity if the attire is
13 worn for religious observance or customs.
14 2. For the purposes of this section, "personal protective equipment"
15 shall mean all equipment worn or used to minimize exposure to a communi-
16 cable disease, including but not limited to face coverings designed to
17 minimize exposure to a communicable disease and face shields.
18 Concealment of identity in a lawful assembly, unlawful assembly, or
19 riot is a violation.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15380-02-4
