Bill Text: NY S09194 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2024-05-03 - REFERRED TO CODES [S09194 Detail]

Download: New_York-2023-S09194-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9194

                    IN SENATE

                                       May 3, 2024
                                       ___________

        Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to establishing the crimes of
          deceptive wearing of a mask and aggravated deceptive wearing of a mask

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding two new sections 190.90
     2  and 190.91 to read as follows:
     3  § 190.90 Deceptive wearing of a mask.
     4    A person is guilty of deceptive wearing of a mask  when,  such  person
     5  being  masked  or in any manner disguised by unusual or unnatural attire
     6  or facial alteration, loiters, remains or congregates in a public  place
     7  with  other  persons  so masked or disguised while engaged in a protest,
     8  rally or other public assembly, or knowingly permits or aids persons  so
     9  masked  or  disguised  to congregate in a public place; except that such
    10  conduct is not unlawful when it is  worn  for  religious  observance  or
    11  customs  or when it occurs in connection with a masquerade party or like
    12  entertainment if, when such entertainment is held in a  city  which  has
    13  promulgated  regulations  in connection with such affairs, permission is
    14  first obtained from the police or other appropriate authorities.
    15    Deceptive wearing of a mask is a class B misdemeanor.
    16  § 190.91 Aggravated deceptive wearing of a mask.
    17    A person is guilty of aggravated deceptive wearing  of  a  mask  when,
    18  such  person being masked or in any manner disguised by unusual or unna-
    19  tural attire or facial alteration, loiters, remains or congregates in  a
    20  public  place with other persons so masked or disguised while engaged in
    21  the conduct of deceptive wearing of a mask and cause injury to a  person
    22  or  damage to property or theft of property belonging to another person,
    23  or knowingly permits or aids persons so masked or disguised  to  congre-
    24  gate in a public place; except that such conduct is not unlawful when it
    25  is  worn  for  religious  observance  or  customs  or  when it occurs in
    26  connection with a masquerade party or like entertainment if,  when  such
    27  entertainment  is  held  in  a city which has promulgated regulations in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15268-03-4
        S. 9194                             2

     1  connection with such affairs, permission  is  first  obtained  from  the
     2  police or other appropriate authorities.
     3    Aggravated deceptive wearing of a mask is a class A misdemeanor.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.