NY State Senate Bill 2023-S9194

Senate Bill S9194

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2024	referred to codes

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2023-S9194 (ACTIVE) - Details

See Assembly Version of this Bill:: A10043
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§190.90 & 190.91, Pen L

2023-S9194 (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-S9194 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9194

SPONSOR: RHOADS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill addresses the growing concern surrounding the deceptive wear-
ing of masks during public protests, rallies, and assemblies.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections: 190.90 adds
the crime of deceptive mask wearing; 190.91 adds the crime of aggravated
deceptive mask wearing.

Section 1 subdivision 2 contains the effective date.

JUSTIFICATION:

The recent surge in mass protests at colleges and universities and in
public streets underscores the urgent need for measurers to ensure
public safety and accountability. While the right to peaceful assembly
is core to our nation's values, the deceptive use of masks poses a
significant risk to both individuals and property.

Under this proposal, deceptive mask wearing would be charged as a Class
B misdemeanor while aggravated deceptive mask wearing would face
elevated charges as a Class A misdemeanor. This would ensure that indi-
viduals are held accountable for their actions and may even deter indi-
viduals from using masks to conceal their identities while engaging in
disruptive or unlawful behavior during public gatherings.  Religious
attire and costumes associated with permitted events are exempt.

By prohibiting the deceptive wearing of masks during protests, rallies,
and other public assemblies, this legislation strikes a balance between
protecting first amendment rights and maintaining public order. It sends
a clear message that while peaceful protest is welcomed and protected,
deceptive tactics aimed at inciting violence or causing harm will not be
tolerated.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2023-S9194 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9194
 
                             I N  S E N A T E
 
                                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:

   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

 S. 9194                             2
 
 CONNECTION WITH SUCH AFFAIRS, PERMISSION  IS  FIRST  OBTAINED  FROM  THE
 POLICE OR OTHER APPROPRIATE AUTHORITIES.
   AGGRAVATED DECEPTIVE WEARING OF A MASK IS A CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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jaysorid

7 months ago

This piece of legislation is not reinventing the wheel.
It is simply bringing back the old anti-KKK Group Mask Law ( N.Y. Penal Law 240.35(4).) that worked well since 1845, but was repealed during COVID. Recent events have shown how public safety at protests requires transparency to insure individual accountability. Otherwise, individuals will be at the mercy of the mob.
S8415S through out the baby with the bath water and was not narrowly tailored for its purpose. If there is a Public Health Emergency (PHE) declared, NYS laws can be curtailed accordingly., so this law could be temporarily suspended if need be, which would go against any COVID 19 counter arguments.

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