NY State Senate Bill 2023-S8646

Current Bill Status - In Senate Committee Codes Committee

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- In Committee Assembly
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Feb 26, 2024	referred to codes

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2023-S8646 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.20-a, amd §485.05, Pen L; amd §§510.10, 530.20 & 530.40, CP L

2023-S8646 (ACTIVE) - Summary

Establishes the crime of aggravated disorderly conduct; designates such crime as a specified offense for the purposes of hate crimes.

2023-S8646 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8646

SPONSOR: MARTINS
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to establishing the crime of aggravated disorderly conduct

 
PURPOSE:

To make it unlawful for individuals to cause public inconveniences,
annoyance or alarm, or recklessly create a risk where a person obstructs
vehicular or pedestrian traffic or prevents the public from entering or
exiting buildings during an unpermitted or unlawful protest, demon-
stration or assembly.  Summary of Provisions:

Section 1. amends the penal law by adding a new section 240.20-a

Section 2. amends subdivision 3 of section 485.05 of the penal law by
amending section 3 of part R of chapter 55 of the laws of 2020.

Section 3. amends subdivision 3 or section 485.05 of the penal law by
amending chapter 23 of the laws of 2024.

Section 4. amends paragraphs (t) and (u) of subdivision 4 of section
510.10 of the criminal procedure law

Section 5 amends subparagraphs (xx) and (xxi) of paragraph (b) of subdi-
vision 1 of section 530.20 of the criminal procedure law, subparagraph
(xx) and subparagraph (xxi) as added by section 4 of subpart c of part
uu of chapter 56 of the laws of 2022, are amended and a new subparagraph
(xxii) is added.

Section 6. amends paragraph (t) and (u) of subdivision 4 of section
530.0 of the criminal procedure law, paragraph (t) is amended and para-
graph (u) is amended by section 4 of subpart b of uu of chapter 56 of
the laws of 2022.

Section 7. effective date.

 
JUSTIFICATION:

There have been several high-profile instances where individuals
involved in non-permitted demonstrations have blocked access to build-
ings, as well as entrances to roads and bridges. In New York City, on
more than one occasion, activists locked arms and held banners that
brought traffic to a standstill. Many New Yorkers have seen the impact
of unpermitted protests on our communities, and on our residents. These
protests affect individuals in residential buildings, those going to
work, those who are trying to travel roads, bridges and tunnels, and
those trying to access train stations. These types of actions put every
resident at risk by preventing emergency services from getting to people
who need them.  There must be consequences for these kinds of actions.
This bill is intended to improve the safety and the security of every
resident who calls New York home.

 
LEGISLATIVE HISTORY:

None.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
three of this at shall take effect on the same date and in the same
manner as section 66 of chapter 777 of the laws of 2023 takes effect.

2023-S8646 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8646
 
                             I N  S E N A T E
 
                             February 26, 2024
                                ___________
 
 Introduced  by  Sens. MARTINS, CANZONERI-FITZPATRICK, GRIFFO, OBERACKER,
   WEBER -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to establishing the crime of aggravated disorderly conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
    Section  1. The penal law is amended by adding a new section 240.20-a
 to read as follows:
 § 240.20-A AGGRAVATED DISORDERLY CONDUCT.
   A PERSON IS GUILTY OF AGGRAVATED DISORDERLY CONDUCT WHEN, WITH  INTENT
 TO  CAUSE PUBLIC INCONVENIENCE, ANNOYANCE OR ALARM, OR RECKLESSLY CREAT-
 ING A RISK THEREOF THE PERSON OBSTRUCTS VEHICULAR OR PEDESTRIAN  TRAFFIC
 OR  PREVENTS  THE  PUBLIC  FROM  ENTERING OR EXITING BUILDINGS DURING AN
 UNPERMITTED OR UNLAWFUL PROTEST, DEMONSTRATION, OR ASSEMBLY.
   AGGRAVATED DISORDERLY CONDUCT IS A CLASS A MISDEMEANOR.
   § 2. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); section 120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person less than eleven years old);  section  120.13  (menacing  in  the
 first  degree);  section 120.14 (menacing in the second degree); section
 120.15 (menacing in the third degree); section 120.20  (reckless  endan-
 germent  in the second degree); section 120.25 (reckless endangerment in
 the first degree); section 121.12 (strangulation in the second  degree);
 section  121.13  (strangulation in the first degree); subdivision one of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or four of section 125.20 (manslaughter in the  first  degree);  section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14541-02-4
 S. 8646                             2
 
 first degree); subdivision one of section  130.35  (rape  in  the  first
 degree);  subdivision  one of section 130.50 (criminal sexual act in the
 first degree); subdivision one of section 130.65 (sexual  abuse  in  the
 first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
 (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
 vision  one  of  section  130.70  (aggravated  sexual abuse in the first
 degree); section 135.05 (unlawful imprisonment in  the  second  degree);
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the third degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in the first degree); section 140.10 (criminal  trespass  in  the  third
 degree);  section  140.15  (criminal  trespass  in  the  second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 SECTION   240.20-A   (AGGRAVATED  DISORDERLY  CONDUCT);  section  240.25
 (harassment in the first  degree);  subdivision  one,  two  or  four  of
 section  240.30  (aggravated  harassment  in the second degree); section
 490.10 (soliciting or providing support for an act of terrorism  in  the
 second  degree);  section 490.15 (soliciting or providing support for an
 act of terrorism in the first degree); section 490.20 (making a  terror-
 istic  threat);  section  490.25  (crime  of  terrorism); section 490.30
 (hindering prosecution of  terrorism  in  the  second  degree);  section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the  third  degree);  section  490.40 (criminal possession of a chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal possession of a chemical weapon or biological weapon in  the  first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon  in the third degree); section 490.50 (criminal use of a chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 chapter 23 of the laws of 2024, is amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 S. 8646                             3
 
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25  (murder  in  the second degree); section 120.45 (stalking in the
 fourth degree); section 120.50 (stalking in the third  degree);  section
 120.55  (stalking in the second degree); section 120.60 (stalking in the
 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
 vision two and paragraph (a) of  subdivision  three  of  section  130.35
 (rape  in  the  first  degree); former subdivision one of section 130.35
 (rape in the first degree); subdivision one of  former  section  130.50;
 subdivision  one  of  section 130.65 (sexual abuse in the first degree);
 paragraph (a) of subdivision one of section  130.67  (aggravated  sexual
 abuse in the second degree); paragraph (a) of subdivision one of section
 130.70  (aggravated  sexual  abuse  in the first degree); section 135.05
 (unlawful imprisonment in the second degree); section  135.10  (unlawful
 imprisonment  in  the  first  degree); section 135.20 (kidnapping in the
 second degree); section 135.25 (kidnapping in the first degree); section
 135.60 (coercion in the third degree); section 135.61 (coercion  in  the
 second  degree);  section 135.65 (coercion in the first degree); section
 140.10 (criminal trespass in the third degree); section 140.15 (criminal
 trespass in the second degree); section 140.17 (criminal trespass in the
 first degree); section 140.20 (burglary in the  third  degree);  section
 140.25  (burglary in the second degree); section 140.30 (burglary in the
 first degree); section 145.00 (criminal mischief in the fourth  degree);
 section  145.05  (criminal mischief in the third degree); section 145.10
 (criminal mischief in  the  second  degree);  section  145.12  (criminal
 mischief  in  the  first  degree);  section  150.05 (arson in the fourth
 degree); section 150.10 (arson in  the  third  degree);  section  150.15
 (arson  in  the  second  degree);  section  150.20  (arson  in the first
 degree); section 155.25 (petit larceny); section 155.30  (grand  larceny
 in  the  fourth  degree);  section  155.35  (grand  larceny in the third
 degree); section 155.40 (grand larceny in the  second  degree);  section
 155.42  (grand  larceny in the first degree); section 160.05 (robbery in
 the third degree);  section  160.10  (robbery  in  the  second  degree);
 section  160.15  (robbery in the first degree); SECTION 240.20-A (AGGRA-
 VATED DISORDERLY CONDUCT);  section  240.25  (harassment  in  the  first
 degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
 harassment in the second degree); section 490.10 (soliciting or  provid-
 ing  support  for  an  act  of  terrorism in the second degree); section
 490.15 (soliciting or providing support for an act of terrorism  in  the
 first  degree);  section  490.20  (making a terroristic threat); section
 490.25 (crime of terrorism); section 490.30  (hindering  prosecution  of
 terrorism  in  the second degree); section 490.35 (hindering prosecution
 of terrorism in the first degree); section 490.37  (criminal  possession
 of  a chemical weapon or biological weapon in the third degree); section
 490.40 (criminal possession of a chemical weapon or biological weapon in
 the second degree); section 490.45 (criminal possession  of  a  chemical
 weapon or biological weapon in the first degree); section 490.47 (crimi-
 nal  use of a chemical weapon or biological weapon in the third degree);
 section 490.50 (criminal use of a chemical weapon or  biological  weapon
 in the second degree); section 490.55 (criminal use of a chemical weapon
 or  biological weapon in the first degree); or any attempt or conspiracy
 to commit any of the foregoing offenses.
   § 4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 S. 8646                             4

 added by section 2 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) AGGRAVATED DISORDERLY CONDUCT AS DEFINED IN  SECTION  240.20-A  OF
 THE PENAL LAW.
   § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
 S. 8646                             5
 
   (XXII) AGGRAVATED DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20-A OF
 THE PENAL LAW.
   §  6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  AGGRAVATED  DISORDERLY  CONDUCT AS DEFINED IN SECTION 240.20-A OF
 THE PENAL LAW.
   § 7. This act shall take effect immediately; provided,  however,  that
 section  three of this act shall take effect on the same date and in the
 same manner as section 66 of chapter 777 of  the  laws  of  2023,  takes
 effect.

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Senate Bill S8646

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S8646 (ACTIVE) - Details

2023-S8646 (ACTIVE) - Summary

2023-S8646 (ACTIVE) - Sponsor Memo

2023-S8646 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8646

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S8646 (ACTIVE) - Details

2023-S8646 (ACTIVE) - Summary

2023-S8646 (ACTIVE) - Sponsor Memo

2023-S8646 (ACTIVE) - Bill Text download pdf

Comments