 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4773
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  E. BROWN,  ANGELINO,  DeSTEFANO,  MORINELLO,
          BEEPHAN, LEMONDES, HAWLEY, MANKTELOW, JENSEN, CHANG, SMULLEN, MIKULIN,
          DURSO, GANDOLFO, BLUMENCRANZ, McDONOUGH, TAGUE,  BLANKENBUSH,  MILLER,
          BROOK-KRASNY, RA, FRIEND -- 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] such person:
     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.
                                                                   LBD07284-01-5
        A. 4773                             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

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