A10057 Summary:

BILL NOA10057A
 
SAME ASSAME AS S09867
 
SPONSORDinowitz
 
COSPNSRBerger, Glick, Hevesi, Lavine, Paulin, Stern, Sillitti, Eichenstein
 
MLTSPNSR
 
Add §240.12, Pen L
 
Establishes the offense of concealment of identity in a lawful assembly, unlawful assembly or riot.
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A10057 Actions:

BILL NOA10057A
 
05/02/2024referred to codes
05/08/2024amend and recommit to codes
05/08/2024print number 10057a
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A10057 Committee Votes:

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A10057 Floor Votes:

There are no votes for this bill in this legislative session.
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A10057 Memo:

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.
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A10057 Text:



 
                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
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