S T A T E   O F   N E W   Y O R K
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                                  8334--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M. of A. BERGER, HEVESI, BICHOTTE HERMELYN, EICHENSTEIN,
   LAVINE, BRAUNSTEIN, DINOWITZ, PHEFFER AMATO, WILLIAMS, BURKE, GUNTHER,
   EACHUS, CUNNINGHAM, STIRPE, JONES, COLTON, PAULIN, SANTABARBARA, PRET-
   LOW, STERN, ROZIC, SHIMSKY, ANGELINO, BENEDETTO, BUTTENSCHON,  THIELE,
   RIVERA,  FALL,  BLUMENCRANZ,  FLOOD  --  read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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  SUCH  PERSON, 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; AND
   (II) 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13729-05-4
 A. 8334--A                          2
              
             
                          
                 
   (B)  "LAWFUL  ASSEMBLY"  SHALL MEAN A GROUP OF TWO OR MORE INDIVIDUALS
 WHO LEGALLY RESERVE A SPACE OR AREA WITH AN INSTITUTION OR  OTHER  SPACE
 LAWFULLY AVAILABLE TO THOSE CONDUCTING SUCH ASSEMBLY OR MEETING, AND WHO
 USE  SUCH  SPACE  OR  AREA  TO  PEACEFULLY  ASSEMBLE FOR ANY PURPOSE NOT
 EXPRESSLY PROHIBITED BY LAW.
   3.  DISREGARD OF A MODERATOR'S CALL TO ORDER OR A DETERMINATION THAT A
 PERSON IS IN VIOLATION OF THE RULES OF AN ASSEMBLY OR MEETING  SHALL  BE
 PROOF THAT A DISRUPTION IS WILLFUL.
   4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT:
   (I) PERSONS FROM ARTICULATING A PARTICULAR VIEWPOINT AT AN ASSEMBLY OR
 MEETING THAT IS NOT UNLAWFUL IN ITS CHARACTER; OR
   (II) NON-DISRUPTIVE PROTESTS OF A LAWFUL ASSEMBLY OR MEETING;
   DISRUPTION  OR  DISTURBANCE  OF  A  LAWFUL ASSEMBLY IS AN UNCLASSIFIED
 MISDEMEANOR PUNISHABLE BY A FINE OF NOT  LESS  THAN  TWO  HUNDRED  FIFTY
 DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.