S T A T E   O F   N E W   Y O R K
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                                    196
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. BERGER, HEVESI, BICHOTTE HERMELYN, EICHENSTEIN,
   BRAUNSTEIN, DINOWITZ,  PHEFFER AMATO,  WILLIAMS,  EACHUS,  CUNNINGHAM,
   STIRPE,  JONES,  COLTON,  PAULIN, SANTABARBARA, STERN, ROZIC, SHIMSKY,
   ANGELINO, BENEDETTO, BUTTENSCHON, RIVERA, FALL,  BLUMENCRANZ  --  read
   once and referred to the Committee on Codes
 
 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:
 
   Section  1.  This act shall be known and may be cited as the "dialogue
 and decorum act".
   § 2. The penal law is amended by adding a new section 240.22  to  read
 as follows:
 § 240.22 DISRUPTION OR DISTURBANCE OF A LAWFUL ASSEMBLY.
   1.  A PERSON IS GUILTY OF DISRUPTION OR DISTURBANCE OF A LAWFUL ASSEM-
 BLY WHEN SUCH PERSON, WITHOUT AUTHORITY OF LAW,  WILLFULLY  DISTURBS  OR
 BREAKS UP ANY ASSEMBLY OR MEETING THAT IS NOT UNLAWFUL IN ITS CHARACTER.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "WILLFULLY DISTURBS" SHALL MEAN:
   (I) THE CONDUCT SUBSTANTIALLY IMPAIRS THE ABILITY TO CONDUCT A  LAWFUL
 MEETING OR ASSEMBLY; AND
   (II)  THE  CONDUCT IS IN VIOLATION OF THE IMPLICIT CUSTOMS OR USAGE OF
 THE SPECIFIC KIND OF MEETING OR ASSEMBLY, OR THE EXPLICIT RULES  GOVERN-
 ING  THE MEETING OR ASSEMBLY, WHERE THE DISRUPTING PARTY KNEW OR REASON-
 ABLY SHOULD HAVE KNOWN SUCH CONDUCT WAS IN VIOLATION.
   (B) "LAWFUL ASSEMBLY" SHALL MEAN A GROUP OF TWO  OR  MORE  INDIVIDUALS
 WHO  LEGALLY  RESERVE A SPACE OR AREA WITH AN INSTITUTION OR OTHER SPACE
 LAWFULLY AVAILABLE TO THOSE CONDUCTING SUCH ASSEMBLY OR MEETING, AND WHO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00823-01-5
              

 A. 196                              2
 
 USE SUCH SPACE OR AREA  TO  PEACEFULLY  ASSEMBLE  FOR  ANY  PURPOSE  NOT
 EXPRESSLY PROHIBITED BY LAW.
   3.  DISREGARD OF A MODERATOR'S CALL TO ORDER OR A DETERMINATION THAT A
 PERSON IS IN VIOLATION OF THE RULES OF AN ASSEMBLY OR MEETING  SHALL  BE
 PROOF THAT A DISRUPTION IS WILLFUL.
   4. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT:
   (I) PERSONS FROM ARTICULATING A PARTICULAR VIEWPOINT AT AN ASSEMBLY OR
 MEETING THAT IS NOT UNLAWFUL IN ITS CHARACTER; OR
   (II) NON-DISRUPTIVE PROTESTS OF A LAWFUL ASSEMBLY OR MEETING;
   DISRUPTION  OR  DISTURBANCE  OF  A  LAWFUL ASSEMBLY IS AN UNCLASSIFIED
 MISDEMEANOR PUNISHABLE BY A FINE OF NOT  LESS  THAN  TWO  HUNDRED  FIFTY
 DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.