 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8290
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 27, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  E. BROWN,  ANGELINO,  DeSTEFANO,  MORINELLO,
          BEEPHAN, LEMONDES, HAWLEY, MANKTELOW, JENSEN, CHANG, MCGOWAN, SMULLEN,
          MIKULIN, DURSO, GANDOLFO, BLUMENCRANZ, McDONOUGH, TAGUE,  BLANKENBUSH,
          MILLER,  BROOK-KRASNY  --  read  once and referred to the Committee on
          Codes

        AN ACT to amend the penal law, in relation to being masked or  disguised
          while loitering
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 240.35 of the penal law, subdivision 5 as separate-
     2  ly amended by chapters 350 and 395 of the laws of 2001, subdivision 6 as
     3  renumbered by chapter 446 of the laws of 1978, is  amended  to  read  as
     4  follows:
     5  § 240.35 Loitering.
     6    A person is guilty of loitering when he or she:
     7    [2]  1. Loiters or remains in a public place for the purpose of gambl-
     8  ing with cards, dice or other gambling paraphernalia; or
     9    [5] 2. Loiters or remains in or about school  grounds,  a  college  or
    10  university building or grounds or a children's overnight camp as defined
    11  in  section  one  thousand three hundred ninety-two of the public health
    12  law or a summer day camp  as  defined  in  section  one  thousand  three
    13  hundred  ninety-two  of the public health law, or loiters, remains in or
    14  enters a school bus as defined in section one hundred forty-two  of  the
    15  vehicle and traffic law, not having any reason or relationship involving
    16  custody  of  or  responsibility  for  a  pupil  or student, or any other
    17  specific, legitimate reason for being  there,  and  not  having  written
    18  permission  from  anyone  authorized  to  grant  the  same or loiters or
    19  remains in or about such children's overnight camp or summer day camp in
    20  violation of conspicuously posted rules or regulations  governing  entry
    21  and use thereof; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13506-01-3
        A. 8290                             2
 
     1    [6]  3.  Loiters  or  remains  in  any transportation facility, unless
     2  specifically authorized to do so,  for  the  purpose  of  soliciting  or
     3  engaging in any business, trade or commercial transactions involving the
     4  sale  of  merchandise  or  services,  or for the purpose of entertaining
     5  persons by singing, dancing or playing any musical instrument; or
     6    4.  Being  masked  or  in any manner disguised by unusual or unnatural
     7  attire or facial alteration, loiters, remains or congregates in a public
     8  place with six or more other persons so masked or disguised, or knowing-
     9  ly permits or aids such persons so masked or disguised to congregate  in
    10  a  public place; except that such conduct is not unlawful when it occurs
    11  in connection with a masquerade party or  like  entertainment  if,  when
    12  such  entertainment  is held in a city which has promulgated regulations
    13  in connection with such affairs, permission is first obtained  from  the
    14  police or other appropriate authorities.
    15    Loitering is a violation.
    16    § 2. This act shall take effect immediately.
Relates to loitering while masked or disguised

What's Happening

Why It Matters
