Assembly Bill A10043

2023-2024 Legislative Session

Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10043 (ACTIVE) - Details

See Senate Version of this Bill:
S9194
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§190.90 & 190.91, Pen L

2023-A10043 (ACTIVE) - Summary

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.

2023-A10043 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10043
 
                           I N  A S S E M B L Y
 
                                May 2, 2024
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred 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:

   Section 1. The penal law is amended by adding two new sections  190.90
 and 190.91 to read as follows:
 § 190.90 DECEPTIVE WEARING OF A MASK.
   A  PERSON  IS  GUILTY OF DECEPTIVE WEARING OF A MASK WHEN, SUCH PERSON
 BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR  UNNATURAL  ATTIRE
 OR  FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A PUBLIC PLACE
 WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED  IN  A  PROTEST,
 RALLY  OR OTHER PUBLIC ASSEMBLY, OR KNOWINGLY PERMITS OR AIDS PERSONS SO
 MASKED OR DISGUISED TO CONGREGATE IN A PUBLIC PLACE;  EXCEPT  THAT  SUCH
 CONDUCT  IS  NOT  UNLAWFUL  WHEN  IT IS WORN FOR RELIGIOUS OBSERVANCE OR
 CUSTOMS OR WHEN IT OCCURS IN CONNECTION WITH A MASQUERADE PARTY OR  LIKE
 ENTERTAINMENT  IF,  WHEN  SUCH ENTERTAINMENT IS HELD IN A CITY WHICH HAS
 PROMULGATED REGULATIONS IN CONNECTION WITH SUCH AFFAIRS,  PERMISSION  IS
 FIRST OBTAINED FROM THE POLICE OR OTHER APPROPRIATE AUTHORITIES.
   DECEPTIVE WEARING OF A MASK IS A CLASS B MISDEMEANOR.
 § 190.91 AGGRAVATED DECEPTIVE WEARING OF A MASK.
   A  PERSON  IS  GUILTY  OF AGGRAVATED DECEPTIVE WEARING OF A MASK WHEN,
 SUCH PERSON BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR  UNNA-
 TURAL  ATTIRE OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A
 PUBLIC PLACE WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED  IN
 THE  CONDUCT OF DECEPTIVE WEARING OF A MASK AND CAUSE INJURY TO A PERSON
 OR DAMAGE TO PROPERTY OR THEFT OF PROPERTY BELONGING TO ANOTHER  PERSON,
 OR  KNOWINGLY  PERMITS OR AIDS PERSONS SO MASKED OR DISGUISED TO CONGRE-
 GATE IN A PUBLIC PLACE; EXCEPT THAT SUCH CONDUCT IS NOT UNLAWFUL WHEN IT
 IS WORN FOR RELIGIOUS  OBSERVANCE  OR  CUSTOMS  OR  WHEN  IT  OCCURS  IN
 CONNECTION  WITH  A MASQUERADE PARTY OR LIKE ENTERTAINMENT IF, WHEN SUCH
 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

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