S T A T E O F N E W Y O R K
________________________________________________________________________
211
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the wearing of
a mask or headgear in a public setting designed to intimidate a
particular group or groups of people
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.23 to
read as follows:
S 240.23 APPEARING IN PUBLIC PLACES DESIGNED TO THREATEN OR INTIMIDATE.
A PERSON IS GUILTY OF APPEARING IN PUBLIC PLACES DESIGNED TO THREATEN
OR INTIMIDATE WHEN, KNOWING THE CONSEQUENCES OF HIS OR HER ACTIONS, SUCH
PERSON APPEARS AT OR PARTICIPATES IN A MARCH, PARADE OR DEMONSTRATION OR
IN ANY PUBLIC PLACE WHILE WEARING A MASK OR HEADGEAR WHICH IS RECOGNIZED
AS A THREAT OR IS INTIMIDATING TO A PARTICULAR GROUP OR GROUPS OF PEOPLE
BASED ON RELIGIOUS, ETHNIC OR OTHER PRINCIPLES. THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY WHERE SUCH MASK OR HEADGEAR IS WORN IN A THEATRE
OR SPORTING EVENT, OR IN ACKNOWLEDGEMENT OF A PUBLIC HOLIDAY, OR WHERE
SUCH MASK OR HEADGEAR IS NEEDED FOR MEDICAL OR EMERGENCY PURPOSES.
APPEARING IN PUBLIC PLACES DESIGNED TO THREATEN OR INTIMIDATE IS A
CLASS A MISDEMEANOR.
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.
LBD03125-01-9