S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4773
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A.  E. BROWN,  ANGELINO,  DeSTEFANO,  MORINELLO,
   BEEPHAN, LEMONDES, HAWLEY, MANKTELOW, JENSEN, CHANG, SMULLEN, MIKULIN,
   DURSO, GANDOLFO, BLUMENCRANZ, McDONOUGH, TAGUE,  BLANKENBUSH,  MILLER,
   BROOK-KRASNY, RA, FRIEND -- read once and referred to the Committee on
   Codes

 AN  ACT to amend the penal law, in relation to being masked or disguised
   while loitering
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.35 of the penal law, subdivision 5 as separate-
 ly amended by chapters 350 and 395 of the laws of 2001, subdivision 6 as
 renumbered  by  chapter  446  of the laws of 1978, is amended to read as
 follows:
 § 240.35 Loitering.
   A person is guilty of loitering when [he] SUCH PERSON:
   [2] 1. Loiters or remains in a public place for the purpose of  gambl-
 ing with cards, dice or other gambling paraphernalia; or
   [5]  2.  Loiters  or  remains in or about school grounds, a college or
 university building or grounds or a children's overnight camp as defined
 in section one thousand three hundred ninety-two of  the  public  health
 law  or  a  summer  day  camp  as  defined in section one thousand three
 hundred ninety-two of the public health law, or loiters, remains  in  or
 enters  a  school bus as defined in section one hundred forty-two of the
 vehicle and traffic law, not having any reason or relationship involving
 custody of or responsibility for  a  pupil  or  student,  or  any  other
 specific,  legitimate  reason  for  being  there, and not having written
 permission from anyone authorized  to  grant  the  same  or  loiters  or
 remains in or about such children's overnight camp or summer day camp in
 violation  of  conspicuously posted rules or regulations governing entry
 and use thereof; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07284-01-5
 A. 4773                             2
              

 
   [6] 3. Loiters or  remains  in  any  transportation  facility,  unless
 specifically  authorized  to  do  so,  for  the purpose of soliciting or
 engaging in any business, trade or commercial transactions involving the
 sale of merchandise or services, or  for  the  purpose  of  entertaining
 persons by singing, dancing or playing any musical instrument; or
   4.  BEING  MASKED  OR  IN ANY MANNER DISGUISED BY UNUSUAL OR UNNATURAL
 ATTIRE OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A PUBLIC
 PLACE WITH SIX OR MORE OTHER PERSONS SO MASKED OR DISGUISED, OR KNOWING-
 LY PERMITS OR AIDS SUCH PERSONS SO MASKED OR DISGUISED TO CONGREGATE  IN
 A  PUBLIC PLACE; EXCEPT THAT SUCH CONDUCT IS NOT UNLAWFUL 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.
   Loitering is a violation.
   § 2. This act shall take effect immediately.