BILL NUMBER: S5873

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to imposing increased fines
on certain individuals who commit riot in the first degree during a
state disaster emergency

 
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. Section 80.00 of the penal law is amended by adding a new
subdivision 8 to read as follows.  When a defendant is to be sentenced
for riot in the first degree as defined in subdivision one of section
              

240.06 of this chapter, occurring during a state disaster emergency
declared pursuant to article two-A of the executive law, and where such
defendant has previously been convicted of riot in the first degree as
defined in subdivision one of section 240.06 of this chapter two more
times, the amount of the fine specified in paragraph (a) of subdivision
one of this section may be increased by up to an additional two thousand
dollars.

Section 2. 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 Freedom of peaceful
assembly, sometimes used interchangeably with the freedom of associ-
ation. 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 - S8575 - referred to Codes

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.