NY State Senate Bill 2023-S9891

Current Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2024	referred to rules

co-Sponsors

View additional co-sponsors

2023-S9891 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add Title Y-3 Art 498 §§498.00 & 498.05, Pen L

2023-S9891 (ACTIVE) - Summary

Establishes the crime of aggravated criminal concealment of identity.

2023-S9891 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9891

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
aggravated concealment of identity

 
PURPOSE:

This bill establishes the crime of aggravated criminal concealment of
identity.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes new Title Y-3, Article 498, within NYS
Penal Law. This Section creates § 498.00 related to defining the new
crime of aggravated criminal concealment of identity by wearing of a
mask or face covering, and § 498.05 related to enhanced criminal penal-
ties for specified offenses when those offenses are done while commit-
ting this new crime.

Specifically, Paragraph 1 of Section 1 of the bill adds § 498.00 to the
NYS Penal law to establish a new crime of aggravated concealment of
identity when a specified offense is committed while wearing a mask or
face covering.  Paragraph 2 of Section 1 of the bill provides a list of
"specified offenses" consisting of misdemeanor and felony offenses to
which t his chapter is applicable.

Paragraph 3 of Section 1 of the bill defines mask or face covering to
mean "any face covering, face mask, face shield, or other material worn
whether standalone or part of another item of clothing or equipment that
conceals a person's identity, either partially or w holly, whereby the
face or voice is disguised by being masked or in any manner is disguised
by unusual or unnatural attire or facial alteration."

Section 1 of the bill also creates new § 498.05 that lays out sentencing
terms for the new crime of aggravated concealment of identity that would
apply to persons committing any of the specified misdemeanors and/or
felonies.

Section 2 of the bill sets an immediate effective date.

 
JUSTIFICATION:

Criminals who commit serious misdemeanors and felonies while in disguise
should be subject to increased penalties for their actions.  This bill
will establish new criminal penalties to serve as deterrence to anony-
mous crimes. It also will allow victims to seek justice when hurt by
criminals who are emboldened by the lack of consequences in state law
for concealing their identity while they commit these serious crimes.

This bill will, by creating a new crime of aggravated concealment of
identity, provide an elevation of penalty of misdemeanors and felonies
by bumping up existing penalties of specified offenses by one degree,
when it is evident that the perpetrator of a serious crime me committed
such crime while disguising themself using a mask or face covering.


There currently is no prohibition in state law or mechanism by which to
hold people accountable for the menacing behavior of intentional
concealment of identity during a criminal act. This bill will fill that
gap in state law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9891 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9891
 
                             I N  S E N A T E
 
                              August 19, 2024
                                ___________
 
 Introduced  by  Sens.  MURRAY, CANZONERI-FITZPATRICK, OBERACKER, RHOADS,
   TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   aggravated concealment of identity
 
   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 a new title Y-3 to read
 as follows:
                                  TITLE Y-3
                     CRIMINAL CONCEALMENT OF IDENTITY
 
                                ARTICLE 498
                     CRIMINAL CONCEALMENT OF IDENTITY
 SECTION 498.00 AGGRAVATED CRIMINAL CONCEALMENT OF IDENTITY.
         498.05 SENTENCING.
 § 498.00 AGGRAVATED CRIMINAL CONCEALMENT OF IDENTITY.
   1. A PERSON COMMITS THE CRIME OF AGGRAVATED  CRIMINAL  CONCEALMENT  OF
 IDENTITY  WHEN  SUCH  PERSON COMMITS A SPECIFIED OFFENSE WHILE WEARING A
 MASK OR FACE COVERING.
   2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE  THIRD
 DEGREE);  SECTION  120.05 (ASSAULT IN THE SECOND DEGREE); SECTION 120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST DEGREE); SECTION 120.10 (ASSAULT IN  THE  FIRST  DEGREE);  SECTION
 120.12  (AGGRAVATED  ASSAULT  UPON A PERSON LESS THAN ELEVEN YEARS OLD);
 SECTION 120.13 (MENACING IN THE FIRST DEGREE); SECTION 120.14  (MENACING
 IN  THE  SECOND  DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);
 SECTION 120.20 (RECKLESS ENDANGERMENT IN  THE  SECOND  DEGREE);  SECTION
 120.25  (RECKLESS  ENDANGERMENT  IN  THE  FIRST  DEGREE); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SECTION 121.12
 (STRANGULATION IN THE SECOND DEGREE); SECTION 121.13  (STRANGULATION  IN
 THE  FIRST  DEGREE);  SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN
 THE SECOND DEGREE); SUBDIVISION ONE,  TWO  OR  FOUR  OF  SECTION  125.20
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16039-02-4
 S. 9891                             2
 
 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND
 DEGREE);  SECTION  125.26 (AGGRAVATED MURDER); SECTION 125.27 (MURDER IN
 THE FIRST DEGREE); SECTION  120.45  (STALKING  IN  THE  FOURTH  DEGREE);
 SECTION  120.50 (STALKING IN THE THIRD DEGREE); SECTION 120.55 (STALKING
 IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN  THE  FIRST  DEGREE);
 SECTION  130.20  (SEXUAL  MISCONDUCT); SECTION 130.25 (RAPE IN THE THIRD
 DEGREE); SECTION 130.30 (RAPE IN  THE  SECOND  DEGREE);  SECTION  130.35
 (RAPE  IN  THE  FIRST  DEGREE);  FORMER  SECTION  130.40; FORMER SECTION
 130.45; FORMER  SECTION  130.50;  SECTION  130.52  (FORCIBLE  TOUCHING);
 SECTION  130.53  (PERSISTENT SEXUAL ABUSE); SECTION 130.55 (SEXUAL ABUSE
 IN THE THIRD  DEGREE);  SECTION  130.60  (SEXUAL  ABUSE  IN  THE  SECOND
 DEGREE);  SECTION  130.65  (SEXUAL  ABUSE  IN THE FIRST DEGREE); SECTION
 130.65-A (AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE); SECTION  130.66
 (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67 (AGGRA-
 VATED SEXUAL ABUSE IN THE SECOND  DEGREE);  SECTION  130.70  (AGGRAVATED
 SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT
 IN  THE  SECOND  DEGREE);  SECTION  135.10 (UNLAWFUL IMPRISONMENT IN THE
 FIRST DEGREE); SECTION 135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION
 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE
 THIRD DEGREE); SECTION 135.61 (COERCION IN THE SECOND  DEGREE);  SECTION
 135.65 (COERCION IN THE FIRST DEGREE); SECTION 140.10 (CRIMINAL TRESPASS
 IN  THE  THIRD  DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN THE SECOND
 DEGREE); SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION
 140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY  IN  THE
 SECOND  DEGREE);  SECTION 140.30 (BURGLARY IN THE FIRST DEGREE); SECTION
 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05  (CRIMI-
 NAL  MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN
 THE SECOND DEGREE); SECTION  145.12  (CRIMINAL  MISCHIEF  IN  THE  FIRST
 DEGREE);  SECTION  150.05  (ARSON  IN THE FOURTH DEGREE); SECTION 150.10
 (ARSON IN THE  THIRD  DEGREE);  SECTION  150.15  (ARSON  IN  THE  SECOND
 DEGREE);  SECTION  150.20  (ARSON  IN  THE FIRST DEGREE); SECTION 155.25
 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);
 SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD DEGREE); SECTION 155.40
 (GRAND LARCENY IN THE SECOND DEGREE); SECTION 155.42 (GRAND  LARCENY  IN
 THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION
 160.10  (ROBBERY  IN  THE SECOND DEGREE); SECTION 160.15 (ROBBERY IN THE
 FIRST DEGREE); SECTION 230.34 (SEX TRAFFICKING); SECTION  230.34-A  (SEX
 TRAFFICKING  OF  A  CHILD);  SECTION  240.25  (HARASSMENT  IN  THE FIRST
 DEGREE); SUBDIVISION ONE, TWO OR  FOUR  OF  SECTION  240.30  (AGGRAVATED
 HARASSMENT  IN  THE SECOND DEGREE); SECTION 240.50 (FALSELY REPORTING AN
 INCIDENT IN THE THIRD DEGREE);  SECTION  240.55  (FALSELY  REPORTING  AN
 INCIDENT  IN  THE  SECOND  DEGREE); SECTION 240.60 (FALSELY REPORTING AN
 INCIDENT IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 265.03 (CRIMI-
 NAL POSSESSION OF A WEAPON IN THE SECOND  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  265.04  (CRIMINAL  POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF  TERRORISM
 IN  THE  SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT
 FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20  (MAKING  A
 TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30
 (HINDERING  PROSECUTION  OF  TERRORISM  IN  THE  SECOND DEGREE); SECTION
 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION
 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
 THE THIRD DEGREE); SECTION 490.40 (CRIMINAL  POSSESSION  OF  A  CHEMICAL
 WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM-
 INAL  POSSESSION  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 S. 9891                             3
 
 WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A  CHEMICAL
 WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM-
 INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
 OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
   3.  FOR THE PURPOSES OF THIS SECTION, THE TERM "MASK OR FACE COVERING"
 SHALL MEAN ANY FACE COVERING, FACE MASK, FACE SHIELD, OR OTHER  MATERIAL
 WORN WHETHER STANDALONE OR PART OF ANOTHER ITEM OF CLOTHING OR EQUIPMENT
 THAT  CONCEALS  A PERSON'S IDENTITY, EITHER PARTIALLY OR WHOLLY, WHEREBY
 THE FACE OR VOICE IS DISGUISED BY BEING  MASKED  OR  IN  ANY  MANNER  IS
 DISGUISED BY UNUSUAL OR UNNATURAL ATTIRE OR FACIAL ALTERATION.
 § 498.05 SENTENCING.
   1.  WHEN  A  PERSON  IS  CONVICTED OF THE CRIME OF AGGRAVATED CRIMINAL
 CONCEALMENT OF IDENTITY PURSUANT TO  THIS  ARTICLE,  AND  THE  SPECIFIED
 OFFENSE IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS
 CHAPTER,  THE CRIME OF AGGRAVATED CRIMINAL CONCEALMENT OF IDENTITY SHALL
 BE DEEMED A VIOLENT FELONY OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF  THE  CRIME  OF  AGGRAVATED  CRIMINAL
 CONCEALMENT  OF  IDENTITY  PURSUANT  TO  THIS  ARTICLE AND THE SPECIFIED
 OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE
 DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE  DEFEND-
 ANT  COMMITTED, OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE
 TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO  COMMIT  A
 SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF THE CRIME OF AGGRAVATED CRIMINAL  CONCEALMENT  OF  IDENTITY
 PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY:
   (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
 THIS CHAPTER;
   (B)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
 THIS CHAPTER; AND
   (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
 DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   4. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF  THE  CRIME OF AGGRAVATED CRIMINAL CONCEALMENT OF IDENTITY
 PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS A-1  FELO-
 NY,  THE  MINIMUM PERIOD OF THE INDETERMINATE SENTENCE SHALL BE NOT LESS
 THAN TWENTY YEARS.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S9891

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

2023-S9891 (ACTIVE) - Details

2023-S9891 (ACTIVE) - Summary

2023-S9891 (ACTIVE) - Sponsor Memo

2023-S9891 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9891

Share this bill

Sponsored By

Dean Murray

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

George M. Borrello

Patricia Canzoneri-Fitzpatrick

Joseph A. Griffo

Peter Oberacker

2023-S9891 (ACTIVE) - Details

2023-S9891 (ACTIVE) - Summary

2023-S9891 (ACTIVE) - Sponsor Memo

2023-S9891 (ACTIVE) - Bill Text download pdf

Comments