BILL NUMBER: S8575

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crimes of
travel to riot in the first degree and travel to riot in the second
degree

 
PURPOSE:

The intent of this legislation is to prevent and deter individuals with
a residence falling outside the State of New York from entering the
state to cause acts of rioting, looting and vandalism during peaceful
and just protests.

 
SUMMARY OF PROVISIONS:

Section 1. The penal law is amended by adding a new section 240.11;
Travel to riot in the second degree.

              

A person is guilty of travel to riot in the second degree when he/she
commits the crime of riot in the second degree as defined in section
240.05 of this article or (b) commits the crime of inciting to riot as
defined in section 240.08 of this article and does not reside in New
York State.

Travel to riot in the second degree is a class E felony, and punishable
by a fine up to one thousand dollars for to first offense, a fine of up
to three thousand dollars for a second offense, and a fine of up to five
thousand dollars for a third offense and subsequent offenses committed
thereafter.

Section 2. The penal law is amended by adding a new section 240.12 to
read; Travel to riot in the first degree.

A person is guilty of travel to riot in the first degree when he/she
commits the crime of riot in the first degree as defined in section
240.06 of this article and does not reside in New York State.

Travel to riot in the first degree is a class D felony, and punishable
by a fine of up to one thousand dollars for the first offense, three
thousand dollars for a second offense and a fine of up to five thousand
dollars for a third offense and subsequent offenses committed thereaft-
er.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

There is no doubt that tensions, emotions, stress and anxiety are at
all-time highs during the COVID-19 pandemic and now, yet another tragic
death by way of excessive force, as in the George Floyd case.

The 1st Amendment of the United States Constitution allows for the Free-
dom of peaceful assembly, sometimes used interchangeably with the free-
dom of association. It grants the individual right or ability of people
to come together and collectively express, promote, pursue, and defend

their collective or shared ideas. The right to freedom of association is
recognized as a human right, a political right and a civil liberty.

However, the 1st Amendment does not invoke protest that result in
violence, property damage, citizen and public safety threats or public
vandalism. We have statutes that enforce civil unrest and crimes of
rioting, looting and property damage however there needs to be increased
measures to prevent and deter these acts of aggression.

This legislation intent is to add travel to riot in the first degree and
travel to riot in the second degree to current penal law to prevent and
deter acts of violent protest, rioting, looting and vandalism for indi-
viduals that travel from other states to cause havoc to New York State
communities. It has been estimated by local and state leaders and law
enforcement agencies that upwards to 60-80% of violators who are enter-
ing and inciting acts of violence are coming in from out-of-state areas,
respectively.

 
PRIOR LEGISLATIVE HISTORY:

2020 Session - New bill

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.