Assembly Bill A10915

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10915
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to authorizing the desig-
   nation of active recovery zones within municipalities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The executive law is amended by adding a new section 24-a
 to read as follows:
   § 24-A. ACTIVE RECOVERY ZONES; LOCAL EMERGENCIES. 1. FOR THE  PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ACTIVE  RECOVERY  ZONE" SHALL MEAN AN AREA WITHIN A MUNICIPALITY
 DESIGNATED AS SUCH PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (B) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
   (C) "AFFECTED PERSONS" SHALL MEAN ANY PERSON WHO HAS OR  CURRENTLY  IS
 EXPERIENCING ANY EVENT DESIGNATED BY THE CHIEF EXECUTIVE OF THE RESPOND-
 ING LAW ENFORCEMENT AGENCY PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2.  NOTWITHSTANDING  ANY  LAW,  RULE,  REGULATION, OR ORDINANCE TO THE
 CONTRARY, IN THE EVENT OF  A  NATURAL  OR  MAN-MADE  DISASTER,  RIOTING,
 CATASTROPHE,  ACT  OF  TERRORISM, OR SIMILAR PUBLIC EMERGENCY WITHIN THE
 TERRITORIAL LIMITS OF ANY MUNICIPALITY, OR IN THE  EVENT  OF  REASONABLE
 APPREHENSION  OF  IMMEDIATE  DANGER  THEREOF, THE CHIEF EXECUTIVE OF THE
 RESPONDING LAW ENFORCEMENT AGENCY MAY DESIGNATE  ANY  AREA  WITHIN  SUCH
 MUNICIPALITY  AS  AN ACTIVE RECOVERY ZONE WITHIN WHICH RESIDENTS OF SUCH
 ACTIVE RECOVERY ZONE  AND  OTHER  AFFECTED  PERSONS  SHALL  BE  AFFORDED
 PROTECTIONS  FROM  HARASSMENT  FROM  MEDIA,  THE GENERAL PUBLIC, AND ANY
 OTHER INDIVIDUALS AS DESIGNATED BY SUCH  CHIEF  EXECUTIVE  THAT  POSE  A
 DEMONSTRABLE  RISK OF INTRUSION, COMMUNITY DISRUPTION, OR RE-TRAUMATIZA-
 TION TO THE RESIDENTS OF SUCH ACTIVE RECOVERY  ZONE  OR  OTHER  AFFECTED
 PERSONS.  SUCH  PROCLAMATION  SHALL REMAIN IN EFFECT FOR A PERIOD NOT TO
 EXCEED THIRTY DAYS OR UNTIL RESCINDED BY SUCH CHIEF EXECUTIVE, WHICHEVER
 OCCURS FIRST.  SUCH CHIEF EXECUTIVE MAY ISSUE  ADDITIONAL  PROCLAMATIONS
 TO EXTEND THE STATUS OF SUCH ACTIVE RECOVERY ZONE FOR ADDITIONAL PERIODS
 NOT  TO  EXCEED  THIRTY DAYS. FOLLOWING SUCH PROCLAMATION AND DURING THE
 CONTINUANCE OF SUCH ACTIVE  RECOVERY  ZONE,  SUCH  CHIEF  EXECUTIVE  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13584-02-5
 A. 10915                            2
 
 PROMULGATE  LOCAL  EMERGENCY  ORDERS  TO PROTECT LIFE AND PROPERTY OR TO
 BRING THE EMERGENCY SITUATION UNDER CONTROL. SUCH ORDERS MAY, WITHIN THE
 AREA DESIGNATED AS THE ACTIVE RECOVERY ZONE, PROVIDE FOR, BUT SHALL  NOT
 BE LIMITED TO:
   (A)  THE  DESIGNATION OF SPECIFIC ZONES WITHIN WHICH THE OCCUPANCY AND
 USE OF BUILDINGS AND THE INGRESS AND EGRESS OF VEHICLES AND PERSONS  MAY
 BE PROHIBITED OR REGULATED;
   (B)  THE  PROHIBITION AND CONTROL OF THE PRESENCE OF PERSONS ON PUBLIC
 STREETS AND PLACES; AND
   (C) INCREASES COMMUNITY POLICING AND  OTHER  EFFORTS  TO  ENFORCE  THE
 PROTECTION OF SUCH ACTIVE RECOVERY ZONE.
   3.  ACCESS  TO  AN  ACTIVE RECOVERY ZONE SHALL BE LIMITED TO RESIDENTS
 THEREOF, FIRST RESPONDERS, AND PERSONNEL AUTHORIZED BY THE CHIEF  EXECU-
 TIVE OF THE RESPONDING LAW ENFORCEMENT AGENCY.
   4. FOLLOWING THE DESIGNATION OF AN ACTIVE RECOVERY ZONE WITHIN A MUNI-
 CIPALITY,  THE  CHIEF EXECUTIVE OF THE RESPONDING LAW ENFORCEMENT AGENCY
 SHALL CAUSE SUCH ACTIVE RECOVERY ZONE TO BE  CLEARLY  PARTITIONED,  WITH
 PUBLIC  POSTINGS  MADE ALONG THE PERIMETER CLEARLY STATING THE FOLLOWING
 LANGUAGE:
 
                "ACTIVE RECOVERY ZONE - ACCESS RESTRICTED.
                             RESPECT PRIVACY."
 
   5. ANY PERSON WHO KNOWINGLY VIOLATES  THE  PROVISIONS  OF  SUBDIVISION
 THREE  OF  THIS  SECTION  BY UNLAWFULLY ENTERING AN ACTIVE RECOVERY ZONE
 SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.