senate Bill S804

Provides that a person may be guilty of the crime disorderly conduct when he makes unreasonable noise which is disturbing to one or more persons

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Provides that a person may be guilty of the crime disorderly conduct when he makes unreasonable noise which is disturbing to one or more persons.

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Bill Details

See Assembly Version of this Bill:
A531
Versions:
S804
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.20, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S231, A232
2007-2008: A170

Sponsor Memo

BILL NUMBER:S804

TITLE OF BILL:
An act
to amend the penal law, in relation to making unreasonable noise

PURPOSE:
This legislation would overturn existing judicial precedents that
provide that to sustain a charge of unreasonable noise, there must be
at least three (3) complaining witnesses.

SUMMARY OF PROVISIONS:
This legislation amends subdivision 2 of Section 240.20 of the Penal
Law by providing that a charge of unreasonable noise may be sustained
with only one (1) complainant.

JUSTIFICATION:
A key element of local government efforts to protect the peace and
good order of their communities is the enforcement of noise
ordinances. Under existing law, state courts have rules that no
charge of unreasonable noise may be sustained unless there are at
least three (3) complaining witnesses. The magic number of three has
been determined by the courts to be necessary for a disturbance to be
"public" and therefore prosecutable under the law.

Unreasonable noise is unreasonable noise, whether it adversely impacts
one person or one hundred. Further, objective standards exist in the
form of decibel standards to determine whether noise is unreasonable.
Given these objective standards, the number of people complaining
should be irrelevant.

This legislation would correct the mistake of these court decisions by
clearly stating that one complainant of unreasonable noise is
sufficient to sustain a charge under the penal law when unreasonable
noise is involved.

LEGISLATIVE HISTORY:
2009-10: S.231
2007-08: S.135
2005-06: S.586
2003-04: S.840
2001-02: S.6639

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1st next succeeding the date after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 804                                                    A. 531

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal law, in relation to making unreasonable noise

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 240.20 of the penal law is amended
to read as follows:
  2.  He  makes  unreasonable  noise  WHICH IS DISTURBING TO ONE OR MORE
PERSONS; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03721-01-1

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