NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4594
SPONSOR: Fall TITLE OF BILL:
An act to amend the penal law, in relation to imposing increased fines
on certain individuals who commit riot in the first degree during a
state disaster emergency
PURPOSE:
The intent of this legislation is to prevent and deter individuals with
a residence falling outside the State of New York from entering the
state to cause acts of rioting, looting and vandalism during peaceful
and just protests.
SUMMARY OF PROVISIONS:
Section 1. Section 80.00 of the penal law is amended by adding a new
subdivision 8 to read as follows.
When a defendant is to be sentenced for riot in the first degree as
defined in subdivision one of section 240.06 of this chapter, occurring
during a state disaster emergency declared pursuant to article two-A of
the executive law, and where such defendant has previously been
convicted of riot in the first degree as defined in subdivision one of
section 240.06 of this chapter two more times, the amount of the fine
specified in paragraph (a) of subdivision one of this section may be
increased by up to an additional two thousand dollars.
Section 2. This act shall take effect immediately.
JUSTIFICATION:
There is no doubt that tensions, emotions, stress and anxiety are at
all-time highs during the COVID-19 pandemic and now, yet another tragic
death by way of excessive force, as in the George Floyd case.
The 1st Amendment of the United States Constitution allows for the Free-
dom of peaceful assembly, sometimes used interchangeably with the free-
dom of association. It grants the individual right or ability of people
to come together and collectively express, promote, pursue, and defend
their collective or shared ideas. The right to freedom of association is
recognized as a human right, a political right and a civil liberty.
However, the 1st Amendment does not invoke protest that result in
violence, property damage, citizen and public safety threats or public
vandalism. We have statutes that enforce civil unrest and crimes of
rioting, looting and property damage however there needs to be increased
measures to prevent and deter these acts of aggression. This legis-
lation intent is to add travel to riot in the first degree and travel to
riot in the second degree to current penal law to prevent and deter acts
of violent protest, rioting, looting and vandalism for individuals that
travel from other states to cause havoc to New York State communities.
It has been estimated by local and state leaders and law enforcement
agencies that upwards to 60-80% of violators who are entering and incit-
ing acts of violence are coming in from out-of-state areas, respective-
Ly.
PRIOR LEGISLATIVE HISTORY:
01/26/23 referred to codes
01/03/24 referred to codes
FISCAL IMPACT:
None.
EFFECTIVE DATE:
This act shalt take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4594
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to imposing increased fines
on certain individuals who commit riot in the first degree during a
state disaster emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 80.00 of the penal law is amended by adding a new
2 subdivision 8 to read as follows:
3 8. When a defendant is to be sentenced for riot in the first degree as
4 defined in subdivision one of section 240.06 of this chapter, occurring
5 during a state disaster emergency declared pursuant to article two-A of
6 the executive law, and where such defendant has previously been
7 convicted of riot in the first degree as defined in subdivision one of
8 section 240.06 of this chapter two or more times, the amount of the fine
9 specified in paragraph (a) of subdivision one of this section may be
10 increased by up to an additional two thousand dollars.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08710-01-5
