NY State Senate Bill 2025-S534

Current Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to codes

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2025-S534 (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
Versions Introduced in 2023-2024 Legislative Session:: S8646

2025-S534 (ACTIVE) - Summary

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

2025-S534 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S534

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
310.10 of the criminal procedure law

Section 5 amends subparagraphs (xz) and (xxi) of paragraph (b) of subdi-
vision 1 of seCticm 530.20 of the criminal procedure law, subparagraph
(:.:x) 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
(xrii) 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:

S.S646; Referred to Codes
 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S534 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    534
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  MARTINS,  CANZONERI-FITZPATRICK, GRIFFO, MATTERA,
   OBERACKER, PALUMBO, RHOADS, ROLISON, 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  2  of  part  C of chapter 55 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 120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first 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 endangerment in  the  second  degree);  section
 120.25  (reckless  endangerment  in  the  first  degree); section 121.11
 (criminal obstruction of breathing or blood circulation); section 121.12
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01754-01-5
 S. 534                              2
 
 (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  125.26 (aggravated murder); section 125.27 (murder in
 the first 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);
 section  130.20  (sexual  misconduct); section 130.25 (rape in the third
 degree); section 130.30 (rape in  the  second  degree);  section  130.35
 (rape  in  the  first  degree);  former  section  130.40; former section
 130.45; former  section  130.50;  section  130.52  (forcible  touching);
 section  130.53  (persistent sexual abuse); section 130.55 (sexual abuse
 in the third  degree);  section  130.60  (sexual  abuse  in  the  second
 degree);  section  130.65  (sexual  abuse  in the first degree); section
 130.65-a (aggravated sexual abuse in the fourth degree); section  130.66
 (aggravated  sexual  abuse  in the third degree); section 130.67 (aggra-
 vated sexual abuse in the second  degree);  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  (crimi-
 nal  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
 230.34 (sex trafficking); section 230.34-a (sex trafficking of a child);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four of section 240.30 (aggravated harassment  in  the  second  degree);
 section  240.50  (falsely  reporting  an  incident in the third degree);
 section 240.55 (falsely reporting an incident  in  the  second  degree);
 section  240.60  (falsely  reporting  an  incident in the first degree);
 subdivision one of section 265.03 (criminal possession of  a  weapon  in
 the   second  degree);  subdivision  one  of  section  265.04  (criminal
 possession of a weapon in the first 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 terroristic threat);
 section 490.25 (crime of terrorism); section  490.30  (hindering  prose-
 cution  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
 S. 534                              3
 
 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 (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. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 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]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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  underly-
 ing  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 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 accu-
 satory 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] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary 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.
   § 4. 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]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 S. 534                              4

 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] SUCH  PRINCIPAL'S  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
   (XXII) AGGRAVATED DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20-A OF
 THE PENAL LAW.
   §  5. 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] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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 underly-
 ing 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 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 accu-
 satory 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] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary 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.
   § 6. This act shall take effect immediately.

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Senate Bill S534

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Current Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2025-S534 (ACTIVE) - Details

2025-S534 (ACTIVE) - Summary

2025-S534 (ACTIVE) - Sponsor Memo

2025-S534 (ACTIVE) - Bill Text download pdf

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2025-S534 (ACTIVE) - Details

2025-S534 (ACTIVE) - Summary

2025-S534 (ACTIVE) - Sponsor Memo

2025-S534 (ACTIVE) - Bill Text download pdf

Comments