NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10446a
SPONSOR: Rules (Quart) TITLE OF BILL:
An act to repeal subdivision 4 of section 240.35 of the penal law, in
relation to the crime of loitering
PURPOSE OR GENERAL IDEA OF BILL:
To repeal prohibitions on wearing a mask or possessing gambling
paraphernalia in public.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 repeals paragraph 4 of subsection 35 of section 240 of the
penal law.
Section 2 sets the effective date.
JUSTIFICATION:
Historically, loitering laws have been used for no legitimate public
safety purpose. New York State's statute dates back to the 1845 rent
riots. Since then, the law has been used to criminalize protest, as well
as to arrest New Yorkers "masquerading" as a different gender.
Further, in a time when masks and other face coverings are recommended
for health reasons and the Governor has mandated the use of face
coverings in certain situations, it's necessary to repeal the statute
that prohibits the use of masks in public to avoid confusion. It's
essential to ensure that New Yorkers know that they cannot be prosecuted
for following the Governor's guidance.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Immediately
