S T A T E O F N E W Y O R K
________________________________________________________________________
8290
2023-2024 Regular Sessions
I N A S S E M B L Y
November 27, 2023
___________
Introduced by M. of A. E. BROWN, ANGELINO, DeSTEFANO, MORINELLO,
BEEPHAN, LEMONDES, HAWLEY, MANKTELOW, JENSEN, CHANG, MCGOWAN, SMULLEN,
MIKULIN, DURSO, GANDOLFO, BLUMENCRANZ, McDONOUGH, TAGUE, BLANKENBUSH,
MILLER, BROOK-KRASNY -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to being masked or disguised
while 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, 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 OR SHE:
[2] 1. Loiters or remains in a public place for the purpose of gambl-
ing with cards, dice or other gambling paraphernalia; or
[5] 2. 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 thousand 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 summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13506-01-3
A. 8290 2
[6] 3. Loiters or remains in any transportation facility, unless
specifically 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
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 SIX OR MORE OTHER PERSONS SO MASKED OR DISGUISED, OR KNOWING-
LY PERMITS OR AIDS SUCH 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 ENTERTAINMENT 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.
Loitering is a violation.
§ 2. This act shall take effect immediately.