senate Bill S231

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 07, 2009 referred to codes

S231 - Bill Details

See Assembly Version of this Bill:
A232
Current Committee:
Law Section:
Penal Law

S231 - Bill Texts

view summary

view sponsor memo
BILL NUMBER: S231

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 :
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 full text
The Bill text is not available.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.