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History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a person may be guilty of the crime disorderly conduct when he makes unreasonable noise which is disturbing to one or more persons
In Senate Committee · Codes · Sponsor Kenneth P. LaValle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A232
Title of bill
An act to amend the penal law, in relation to making unreasonable noise
Purpose
This legislation would overturn existing judicial precedents that provide that to sustain a charge of unreasonable noise, there must be at least three (3) complaining witnesses.
Summary of provisions
This legislation amends subdivision 2 of Section 240.20 of the Penal Law by providing that a charge of unreasonable noise may be sustained with only one (1) complainant.
Justification
A key element of local government efforts to protect the peace and good order of their communities is the enforcement of noise ordinances. Under existing law, state courts have rules that no charge of unreasonable noise may be sustained unless there are at least three (3) complaining witnesses. The magic number of three has been determined by the courts to be necessary for a disturbance to be "public" and therefore prosecut- able under the law.
Unreasonable noise is unreasonable noise, whether it adversely impacts one person or one hundred. Further, objective standards exist in the form of decibel standards to determine whether noise is unreasonable. Given these objective standards, the number of people complaining should be irrelevant.
This legislation would correct the mistake of these court decisions by clearly stating that one complainant of unreasonable noise is sufficient to sustain a charge under the penal law when unreasonable noise is involved.
Legislative history
2007-08, S.135; 2005-06, S.586; 2003-04, S.840; 2001-02, S.6639.
Fiscal implications
None.
Effective date
November 1st next succeeding the date after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.