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A08334 Summary:

BILL NOA08334A
 
SAME ASNo Same As
 
SPONSORBerger
 
COSPNSRHevesi, Bichotte Hermelyn, Eichenstein, Lavine, Braunstein, Dinowitz, Pheffer Amato, Williams, Burke, Gunther, Eachus, Cunningham, Stirpe, Jones, Colton, Paulin, Santabarbara, Pretlow, Stern, Rozic, Shimsky, Angelino, Benedetto, Buttenschon, Thiele, Rivera, Zebrowski, Fall, Blumencranz, Flood
 
MLTSPNSR
 
Add §240.22, Pen L
 
Enacts the "dialogue and decorum act" which establishes the crime of disruption or disturbance of a lawful assembly; makes such crime an unclassified misdemeanor.
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A08334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8334--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced  by  M. of A. BERGER, HEVESI, BICHOTTE HERMELYN, EICHENSTEIN,
          LAVINE, BRAUNSTEIN, DINOWITZ, PHEFFER AMATO, WILLIAMS, BURKE, GUNTHER,
          EACHUS, CUNNINGHAM, STIRPE, JONES, COLTON, PAULIN, SANTABARBARA, PRET-
          LOW, STERN, ROZIC, SHIMSKY, ANGELINO, BENEDETTO, BUTTENSCHON,  THIELE,
          RIVERA,  FALL,  BLUMENCRANZ,  FLOOD  --  read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the penal law, in relation to establishing the crime  of
          disruption or disturbance of a lawful assembly
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  the  "dialogue
     2  and decorum act".
     3    §  2.  The penal law is amended by adding a new section 240.22 to read
     4  as follows:
     5  § 240.22 Disruption or disturbance of a lawful assembly.
     6    1. A person is guilty of disruption or disturbance of a lawful  assem-
     7  bly  when  such  person, without authority of law, willfully disturbs or
     8  breaks up any assembly or meeting that is not unlawful in its character.
     9    2. For purposes of this section, the following terms  shall  have  the
    10  following meanings:
    11    (a) "Willfully disturbs" shall mean:
    12    (i)  the conduct substantially impairs the ability to conduct a lawful
    13  meeting or assembly; and
    14    (ii) the conduct is in violation of the implicit customs or  usage  of
    15  the  specific kind of meeting or assembly, or the explicit rules govern-
    16  ing the meeting or assembly, where the disrupting party knew or  reason-
    17  ably should have known such conduct was in violation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13729-05-4

        A. 8334--A                          2
 
     1    (b)  "Lawful  assembly"  shall mean a group of two or more individuals
     2  who legally reserve a space or area with an institution or  other  space
     3  lawfully available to those conducting such assembly or meeting, and who
     4  use  such  space  or  area  to  peacefully  assemble for any purpose not
     5  expressly prohibited by law.
     6    3.  Disregard of a moderator's call to order or a determination that a
     7  person is in violation of the rules of an assembly or meeting  shall  be
     8  proof that a disruption is willful.
     9    4. Nothing contained in this section shall be construed to prohibit:
    10    (i) persons from articulating a particular viewpoint at an assembly or
    11  meeting that is not unlawful in its character; or
    12    (ii) non-disruptive protests of a lawful assembly or meeting;
    13    Disruption  or  disturbance  of  a  lawful assembly is an unclassified
    14  misdemeanor punishable by a fine of not  less  than  two  hundred  fifty
    15  dollars nor more than five hundred dollars.
    16    § 3. This act shall take effect immediately.
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