Assembly Bill A8334

2023-2024 Legislative Session

Enacts the "dialogue and decorum act" which establishes the crime of disruption or disturbance of a lawful assembly

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8334 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.22, Pen L

2023-A8334 (ACTIVE) - Summary

Enacts the "dialogue and decorum act" which establishes the crime of disruption or disturbance of a lawful assembly; makes such crime a class A misdemeanor.

2023-A8334 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8334
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   disruption or disturbance of a lawful assembly
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This act shall be known and may be cited as the "dialogue
 and decorum act".
   § 2. The penal law is amended by adding a new section 240.22  to  read
 as follows:
 § 240.22 DISRUPTION OR DISTURBANCE OF A LAWFUL ASSEMBLY.
   1.  A PERSON IS GUILTY OF DISRUPTION OR DISTURBANCE OF A LAWFUL ASSEM-
 BLY WHEN HE OR SHE, WITHOUT AUTHORITY  OF  LAW,  WILLFULLY  DISTURBS  OR
 BREAKS UP ANY ASSEMBLY OR MEETING THAT IS NOT UNLAWFUL IN ITS CHARACTER.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "WILLFULLY DISTURBS" SHALL MEAN:
   (I) THE CONDUCT SUBSTANTIALLY IMPAIRS THE ABILITY TO CONDUCT A  LAWFUL
 MEETING OR ASSEMBLY;
   (II)  THE  CONDUCT  DISRUPTING  THE MEETING OR ASSEMBLY IS INTENDED TO
 CAUSE A DISRUPTION; AND
   (III) THE CONDUCT IS IN VIOLATION OF THE IMPLICIT CUSTOMS OR USAGE  OF
 THE  SPECIFIC KIND OF MEETING OR ASSEMBLY, OR THE EXPLICIT RULES GOVERN-
 ING THE MEETING OR ASSEMBLY, WHERE THE DISRUPTING PARTY KNEW OR  REASON-
 ABLY SHOULD HAVE KNOWN SUCH CONDUCT WAS IN VIOLATION.
   (B)  "LAWFUL  ASSEMBLY"  SHALL MEAN A GROUP OF TWO OR MORE INDIVIDUALS
 WHO LEGALLY RESERVE A SPACE OR AREA WITH AN  INSTITUTION  OR  A  MUNICI-
 PALITY  BY PAYING A FEE OR FILING AN APPLICATION, AND WHO USE SUCH SPACE
 OR AREA TO PEACEFULLY ASSEMBLE FOR ANY PURPOSE NOT EXPRESSLY  PROHIBITED
 BY LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13729-03-3
 A. 8334                             2

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