STATE OF NEW YORK
________________________________________________________________________
11086
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee 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:
1 Section 1. The penal law is amended by adding a new section 240.20-a
2 to read as follows:
3 § 240.20-a Aggravated disorderly conduct.
4 A person is guilty of aggravated disorderly conduct when, with intent
5 to cause public inconvenience, annoyance or alarm, or recklessly creat-
6 ing a risk thereof the person obstructs vehicular or pedestrian traffic
7 or prevents the public from entering or exiting buildings during an
8 unpermitted or unlawful protest, demonstration, or assembly.
9 Aggravated disorderly conduct is a class A misdemeanor.
10 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by
11 section 2 of part C of chapter 55 of the laws of 2024, is amended to
12 read as follows:
13 3. A "specified offense" is an offense defined by any of the following
14 provisions of this chapter: section 120.00 (assault in the third
15 degree); section 120.05 (assault in the second degree); section 120.06
16 (gang assault in the second degree); section 120.07 (gang assault in the
17 first degree); section 120.10 (assault in the first degree); section
18 120.12 (aggravated assault upon a person less than eleven years old);
19 section 120.13 (menacing in the first degree); section 120.14 (menacing
20 in the second degree); section 120.15 (menacing in the third degree);
21 section 120.20 (reckless endangerment in the second degree); section
22 120.25 (reckless endangerment in the first degree); section 121.11
23 (criminal obstruction of breathing or blood circulation); section 121.12
24 (strangulation in the second degree); section 121.13 (strangulation in
25 the first degree); subdivision one of section 125.15 (manslaughter in
26 the second degree); subdivision one, two or four of section 125.20
27 (manslaughter in the first degree); section 125.25 (murder in the second
28 degree); section 125.26 (aggravated murder); section 125.27 (murder in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01754-01-5
A. 11086 2
1 the first degree); section 120.45 (stalking in the fourth degree);
2 section 120.50 (stalking in the third degree); section 120.55 (stalking
3 in the second degree); section 120.60 (stalking in the first degree);
4 section 130.20 (sexual misconduct); section 130.25 (rape in the third
5 degree); section 130.30 (rape in the second degree); section 130.35
6 (rape in the first degree); former section 130.40; former section
7 130.45; former section 130.50; section 130.52 (forcible touching);
8 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
9 in the third degree); section 130.60 (sexual abuse in the second
10 degree); section 130.65 (sexual abuse in the first degree); section
11 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
12 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
13 vated sexual abuse in the second degree); section 130.70 (aggravated
14 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
15 in the second degree); section 135.10 (unlawful imprisonment in the
16 first degree); section 135.20 (kidnapping in the second degree); section
17 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
18 third degree); section 135.61 (coercion in the second degree); section
19 135.65 (coercion in the first degree); section 140.10 (criminal trespass
20 in the third degree); section 140.15 (criminal trespass in the second
21 degree); section 140.17 (criminal trespass in the first degree); section
22 140.20 (burglary in the third degree); section 140.25 (burglary in the
23 second degree); section 140.30 (burglary in the first degree); section
24 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
25 nal mischief in the third degree); section 145.10 (criminal mischief in
26 the second degree); section 145.12 (criminal mischief in the first
27 degree); section 150.05 (arson in the fourth degree); section 150.10
28 (arson in the third degree); section 150.15 (arson in the second
29 degree); section 150.20 (arson in the first degree); section 155.25
30 (petit larceny); section 155.30 (grand larceny in the fourth degree);
31 section 155.35 (grand larceny in the third degree); section 155.40
32 (grand larceny in the second degree); section 155.42 (grand larceny in
33 the first degree); section 160.05 (robbery in the third degree); section
34 160.10 (robbery in the second degree); section 160.15 (robbery in the
35 first degree); section 240.20-a (aggravated disorderly conduct); section
36 230.34 (sex trafficking); section 230.34-a (sex trafficking of a child);
37 section 240.25 (harassment in the first degree); subdivision one, two or
38 four of section 240.30 (aggravated harassment in the second degree);
39 section 240.50 (falsely reporting an incident in the third degree);
40 section 240.55 (falsely reporting an incident in the second degree);
41 section 240.60 (falsely reporting an incident in the first degree);
42 subdivision one of section 265.03 (criminal possession of a weapon in
43 the second degree); subdivision one of section 265.04 (criminal
44 possession of a weapon in the first degree); section 490.10 (soliciting
45 or providing support for an act of terrorism in the second degree);
46 section 490.15 (soliciting or providing support for an act of terrorism
47 in the first degree); section 490.20 (making a terroristic threat);
48 section 490.25 (crime of terrorism); section 490.30 (hindering prose-
49 cution of terrorism in the second degree); section 490.35 (hindering
50 prosecution of terrorism in the first degree); section 490.37 (criminal
51 possession of a chemical weapon or biological weapon in the third
52 degree); section 490.40 (criminal possession of a chemical weapon or
53 biological weapon in the second degree); section 490.45 (criminal
54 possession of a chemical weapon or biological weapon in the first
55 degree); section 490.47 (criminal use of a chemical weapon or biological
56 weapon in the third degree); section 490.50 (criminal use of a chemical
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1 weapon or biological weapon in the second degree); section 490.55 (crim-
2 inal use of a chemical weapon or biological weapon in the first degree);
3 or any attempt or conspiracy to commit any of the foregoing offenses.
4 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
5 criminal procedure law, paragraph (t) as amended and paragraph (u) as
6 added by section 2 of subpart B of part UU of chapter 56 of the laws of
7 2022, are amended and a new paragraph (v) is added to read as follows:
8 (t) any felony or class A misdemeanor involving harm to an identifi-
9 able person or property, or any charge of criminal possession of a
10 firearm as defined in section 265.01-b of the penal law, where such
11 charge arose from conduct occurring while the defendant was released on
12 [his or her] such defendant's own recognizance, released under condi-
13 tions, or had yet to be arraigned after the issuance of a desk appear-
14 ance ticket for a separate felony or class A misdemeanor involving harm
15 to an identifiable person or property, or any charge of criminal
16 possession of a firearm as defined in section 265.01-b of the penal law,
17 provided, however, that the prosecutor must show reasonable cause to
18 believe that the defendant committed the instant crime and any underly-
19 ing crime. For the purposes of this subparagraph, any of the underlying
20 crimes need not be a qualifying offense as defined in this subdivision.
21 For the purposes of this paragraph, "harm to an identifiable person or
22 property" shall include but not be limited to theft of or damage to
23 property. However, based upon a review of the facts alleged in the accu-
24 satory instrument, if the court determines that such theft is negligible
25 and does not appear to be in furtherance of other criminal activity, the
26 principal shall be released on [his or her] such principal's own recog-
27 nizance or under appropriate non-monetary conditions; [or]
28 (u) criminal possession of a weapon in the third degree as defined in
29 subdivision three of section 265.02 of the penal law or criminal sale of
30 a firearm to a minor as defined in section 265.16 of the penal law[.];
31 or
32 (v) aggravated disorderly conduct as defined in section 240.20-a of
33 the penal law.
34 § 4. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
35 section 530.20 of the criminal procedure law, subparagraph (xx) as
36 amended and subparagraph (xxi) as added by section 4 of subpart C of
37 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
38 agraph (xxii) is added to read as follows:
39 (xx) any felony or class A misdemeanor involving harm to an identifi-
40 able person or property, or any charge of criminal possession of a
41 firearm as defined in section 265.01-b of the penal law where such
42 charge arose from conduct occurring while the defendant was released on
43 [his or her] such defendant's own recognizance, released under condi-
44 tions, or had yet to be arraigned after the issuance of a desk appear-
45 ance ticket for a separate felony or class A misdemeanor involving harm
46 to an identifiable person or property, provided, however, that the
47 prosecutor must show reasonable cause to believe that the defendant
48 committed the instant crime and any underlying crime. For the purposes
49 of this subparagraph, any of the underlying crimes need not be a quali-
50 fying offense as defined in this subdivision. For the purposes of this
51 paragraph, "harm to an identifiable person or property" shall include
52 but not be limited to theft of or damage to property. However, based
53 upon a review of the facts alleged in the accusatory instrument, if the
54 court determines that such theft is negligible and does not appear to be
55 in furtherance of other criminal activity, the principal shall be
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1 released on [his or her] such principal's own recognizance or under
2 appropriate non-monetary conditions; [or]
3 (xxi) criminal possession of a weapon in the third degree as defined
4 in subdivision three of section 265.02 of the penal law or criminal sale
5 of a firearm to a minor as defined in section 265.16 of the penal
6 law[.]; or
7 (xxii) aggravated disorderly conduct as defined in section 240.20-a of
8 the penal law.
9 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
10 criminal procedure law, paragraph (t) as amended and paragraph (u) as
11 added by section 4 of subpart B of part UU of chapter 56 of the laws of
12 2022, are amended and a new paragraph (v) is added to read as follows:
13 (t) any felony or class A misdemeanor involving harm to an identifi-
14 able person or property, or any charge of criminal possession of a
15 firearm as defined in section 265.01-b of the penal law, where such
16 charge arose from conduct occurring while the defendant was released on
17 [his or her] such defendant's own recognizance, released under condi-
18 tions, or had yet to be arraigned after the issuance of a desk appear-
19 ance ticket for a separate felony or class A misdemeanor involving harm
20 to an identifiable person or property, or any charge of criminal
21 possession of a firearm as defined in section 265.01-b of the penal law,
22 provided, however, that the prosecutor must show reasonable cause to
23 believe that the defendant committed the instant crime and any underly-
24 ing crime. For the purposes of this subparagraph, any of the underlying
25 crimes need not be a qualifying offense as defined in this subdivision.
26 For the purposes of this paragraph, "harm to an identifiable person or
27 property" shall include but not be limited to theft of or damage to
28 property. However, based upon a review of the facts alleged in the accu-
29 satory instrument, if the court determines that such theft is negligible
30 and does not appear to be in furtherance of other criminal activity, the
31 principal shall be released on [his or her] such principal's own recog-
32 nizance or under appropriate non-monetary conditions; [or]
33 (u) criminal possession of a weapon in the third degree as defined in
34 subdivision three of section 265.02 of the penal law or criminal sale of
35 a firearm to a minor as defined in section 265.16 of the penal law[.];
36 or
37 (v) aggravated disorderly conduct as defined in section 240.20-a of
38 the penal law.
39 § 6. This act shall take effect immediately.
