S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10446
 
                           I N  A S S E M B L Y
 
                               May 18, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Quart) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the crime of loitering
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.35 of the penal law, subdivision 5 as separate-
 ly amended by chapters 350 and 395 of the laws of 2001 and subdivision 6
 as  renumbered by chapter 446 of the laws of 1978, is amended to read as
 follows:
 § 240.35 Loitering.
   A person is guilty of loitering when he[:
   2. Loiters or remains in a public place for the  purpose  of  gambling
 with cards, dice or other gambling paraphernalia; or
   4.  Being  masked  or  in any manner disguised by unusual or unnatural
 attire or facial alteration, loiters, remains or congregates in a public
 place with other persons so masked or disguised, or knowingly permits or
 aids persons so masked or disguised to congregate  in  a  public  place;
 except  that  such  conduct is not unlawful when it occurs in connection
 with a masquerade party or  like  entertainment  if,  when  such  enter-
 tainment  is  held  in  a  city  which  has  promulgated  regulations in
 connection with such affairs, permission  is  first  obtained  from  the
 police or other appropriate authorities; or
   5.  Loiters]  OR  SHE LOITERS or remains in or about school grounds, a
 college or university building or grounds or a children's overnight camp
 as defined in section one  thousand  three  hundred  ninety-two  of  the
 public  health  law or a summer day camp as defined in section one thou-
 sand three hundred ninety-two of the  public  health  law,  or  loiters,
 remains  in  or  enters  a  school bus as defined in section one hundred
 forty-two of the vehicle and traffic  law,  not  having  any  reason  or
 relationship  involving  custody  of  or  responsibility  for a pupil or
 student, or any other specific, legitimate reason for being  there,  and
 not  having  written permission from anyone authorized to grant the same
 or loiters or remains in or about  such  children's  overnight  camp  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16256-01-0

 A. 10446                            2
 
 summer  day  camp  in  violation  of conspicuously posted rules or regu-
 lations governing entry and use thereof[; or
   6.  Loiters  or remains in any transportation facility, unless specif-
 ically authorized to do so, for the purpose of soliciting or engaging in
 any business, trade or commercial transactions  involving  the  sale  of
 merchandise  or  services, or for the purpose of entertaining persons by
 singing, dancing or playing any musical instrument; or].
   Loitering is a violation.
   § 2. This act shall take effect immediately.