| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 03, 2024 |
referred to codes |
Senate Bill S9194
2023-2024 Legislative Session
Sponsored By
(R, C) 5th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
co-Sponsors
(R, C) 57th Senate District
(R, C) 9th Senate District
(R, C) 7th Senate District
(R, C) 2nd Senate District
2023-S9194 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10043
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§190.90 & 190.91, Pen L
- Versions Introduced in 2025-2026 Legislative Session:
-
S723, A3826
2023-S9194 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9194
SPONSOR: RHOADS
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crimes of
deceptive wearing of a mask and aggravated deceptive wearing of a mask
PURPOSE OR GENERAL IDEA OF BILL:
This bill addresses the growing concern surrounding the deceptive wear-
ing of masks during public protests, rallies, and assemblies.
SUMMARY OF PROVISIONS:
Section 1 amends the penal law by adding two new sections: 190.90 adds
the crime of deceptive mask wearing; 190.91 adds the crime of aggravated
deceptive mask wearing.
Section 1 subdivision 2 contains the effective date.
2023-S9194 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
9194
I N S E N A T E
May 3, 2024
___________
Introduced by Sen. RHOADS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
deceptive wearing of a mask and aggravated deceptive wearing of a mask
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 two new sections 190.90
and 190.91 to read as follows:
§ 190.90 DECEPTIVE WEARING OF A MASK.
A PERSON IS GUILTY OF DECEPTIVE WEARING OF A MASK WHEN, SUCH PERSON
BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR UNNATURAL ATTIRE
OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A PUBLIC PLACE
WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED IN A PROTEST,
RALLY OR OTHER PUBLIC ASSEMBLY, OR KNOWINGLY PERMITS OR AIDS PERSONS SO
MASKED OR DISGUISED TO CONGREGATE IN A PUBLIC PLACE; EXCEPT THAT SUCH
CONDUCT IS NOT UNLAWFUL WHEN IT IS WORN FOR RELIGIOUS OBSERVANCE OR
CUSTOMS OR 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.
DECEPTIVE WEARING OF A MASK IS A CLASS B MISDEMEANOR.
§ 190.91 AGGRAVATED DECEPTIVE WEARING OF A MASK.
A PERSON IS GUILTY OF AGGRAVATED DECEPTIVE WEARING OF A MASK WHEN,
SUCH PERSON BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR UNNA-
TURAL ATTIRE OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A
PUBLIC PLACE WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED IN
THE CONDUCT OF DECEPTIVE WEARING OF A MASK AND CAUSE INJURY TO A PERSON
OR DAMAGE TO PROPERTY OR THEFT OF PROPERTY BELONGING TO ANOTHER PERSON,
OR KNOWINGLY PERMITS OR AIDS PERSONS SO MASKED OR DISGUISED TO CONGRE-
GATE IN A PUBLIC PLACE; EXCEPT THAT SUCH CONDUCT IS NOT UNLAWFUL WHEN IT
IS WORN FOR RELIGIOUS OBSERVANCE OR CUSTOMS OR 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15268-03-4
Comments
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This piece of legislation is not reinventing the wheel.
It is simply bringing back the old anti-KKK Group Mask Law ( N.Y. Penal Law 240.35(4).) that worked well since 1845, but was repealed during COVID. Recent events have shown how public safety at protests requires transparency to insure individual accountability. Otherwise, individuals will be at the mercy of the mob.
S8415S through out the baby with the bath water and was not narrowly tailored for its purpose. If there is a Public Health Emergency (PHE) declared, NYS laws can be curtailed accordingly., so this law could be temporarily suspended if need be, which would go against any COVID 19 counter arguments.