NY State Senate Bill 2025-S5555

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
Feb 24, 2025	referred to codes

co-Sponsors

2025-S5555 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.20, Pen L

2025-S5555 (ACTIVE) - Summary

Adds offenses to disorderly conduct, including urination and defecation in a public place; smoking any substance in a prohibited area; possessing an open container of alcohol in a public place; smoking marijuana in a public place

2025-S5555 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5555

SPONSOR: CHAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to disorderly conduct

 
PURPOSE:

To enhance public safety and maintain order by updating the definition
of disorderly conduct to include public urination and defecation, smok-
ing in prohibited areas, possession of an open container of alcohol in
public, smoking marijuana in public, and disobeying signage in NYC or
State public parks. The bill also clarifies that littering falls under
the category of creating hazardous or physically offensive conditions
and includes jaywalking under the obstruction of vehicular or pedestri-
an, traffic.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 240.20 of the Penal Law to include: - Subdivi-
sion 5 is amended to explicitly include but not limit jaywalking as an

obstruction of vehicular or pedestrian traffic.

- Subdivision 7 is amended to explicitly include the following offenses:
littering, public urination and defecation, smoking any substance in a
prohibited area, possession of an open container of alcohol in a public
place, smoking marijuana in a public place and disobeying signage in a
municipal or State public park as examples of creating a hazardous or
physically offensive condition.

 
JUSTIFICATION:

Public disorderly conduct is a growing concern in New York State.
Current statutes do not adequately address certain behaviors that
contribute to public nuisance and quality-of-life issues.  1. Public
Urination and Defecation: These actions create unsanitary and offensive
conditions in public spaces, posing a health risk to residents and
-visitors.

2. Smoking in Prohibited Areas: Many areas, such as parks and transit
stations, have clear restrictions on smoking, yet enforcement remains
difficult without explicit statutory authority.

3. Open Container of Alcohol in Public: Public drinking contributes to
disorderly behavior and disturbances, increasing the burden on law
enforcement.

4. Smoldng Marijuana in Public: While marijuana is now legal in New
York, it should be prohibited in public spaces except where specifically
designated. This provision ensures that members of the public will not
be exposed to offensive secondhand smoke.

5. Disobeying Signage in Public Parks: Public parks have regulations
designed to ensure safety and enjoyment for all visitors. Violations of
posted signage undermine these efforts.



6. Littering as a Hazardous Condition: Littering negatively impacts the
environment, property values, and public health. Explicitly including
littering in subdivision 7 strengthens enforcement

7. Jaywalking as an Obstruction: Jaywalking increases pedestrian acci-
dents and traffic congestion. Adding it to subdivision 5 clarifies its
place within disorderly conduct.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal. The bill may reduce enforcement costs by providing clearer
legal authority for addressing these offenses.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after being signed into
law.

2025-S5555 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5555
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2025
                                ___________
 
 Introduced  by  Sens.  CHAN, BORRELLO, MATTERA -- 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 disorderly conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  240.20  of  the  penal law is amended to read as
 follows:
 § 240.20 Disorderly conduct.
   A person is guilty of disorderly conduct when, with  intent  to  cause
 public  inconvenience, annoyance or alarm, or recklessly creating a risk
 thereof SUCH PERSON:
   1. [He] engages in fighting or in violent, tumultuous  or  threatening
 behavior; or
   2. [He] makes unreasonable noise; or
   3.  [In]  IN a public place, [he] uses abusive or obscene language, or
 makes an obscene gesture; or
   4. [Without] WITHOUT lawful authority, [he] disturbs any lawful assem-
 bly or meeting of persons; or
   5. [He] obstructs vehicular or pedestrian traffic; or
   6. [He] congregates with other persons in a public place  and  refuses
 to comply with a lawful order of the police to disperse; or
   7.  [He]  creates a hazardous or physically offensive condition by any
 act which serves no legitimate purpose[.], INCLUDING, BUT  NOT  LIMITED,
 LITTERING; OR
   8. URINATES OR DEFECATES IN A PUBLIC PLACE; OR
   9. SMOKES ANY SUBSTANCE IN A PROHIBITED AREA; OR
   10. POSSESSES AN OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE; OR
   11. SMOKES MARIHUANA IN A PUBLIC PLACE; OR
   12. DISOBEYS SIGNAGE IN ANY MUNICIPAL OR STATE PARK, INCLUDING BUT NOT
 LIMITED TO, PRINTED NOTICES AND PLACARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09415-01-5
 S. 5555                             2

 
   FOR THE PURPOSES OF THIS SECTION, THE TERM "PUBLIC PLACE" SHALL MEAN A
 PLACE  TO  WHICH THE PUBLIC OR A SUBSTANTIAL GROUP OF PERSONS HAS ACCESS
 INCLUDING, BUT NOT LIMITED TO,  ANY  HIGHWAY,  STREET,  ROAD,  SIDEWALK,
 PARKING  AREA,  SHOPPING  AREA,  PLACE OF AMUSEMENT, PLAYGROUND, PARK OR
 BEACH,  EXCEPT  THAT  THE DEFINITION OF A PUBLIC PLACE SHALL NOT INCLUDE
 THOSE PREMISES DULY LICENSED FOR THE SALE AND CONSUMPTION  OF  ALCOHOLIC
 BEVERAGES  ON  THE  PREMISES  OR WITHIN THEIR OWN PRIVATE PROPERTY. SUCH
 PUBLIC PLACE SHALL ALSO INCLUDE THE INTERIOR  OF  ANY  STATIONARY  MOTOR
 VEHICLE  WHICH  IS  ON ANY HIGHWAY, STREET, ROAD, PARKING AREA, SHOPPING
 AREA, PLAYGROUND, PARK OR BEACH LOCATED WITHIN THE CITY.
   Disorderly conduct is a violation.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S5555

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S5555 (ACTIVE) - Details

2025-S5555 (ACTIVE) - Summary

2025-S5555 (ACTIVE) - Sponsor Memo

2025-S5555 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5555

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Sponsored By

Stephen T. Chan

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

George M. Borrello

Mario R. Mattera

Anthony H. Palumbo

2025-S5555 (ACTIVE) - Details

2025-S5555 (ACTIVE) - Summary

2025-S5555 (ACTIVE) - Sponsor Memo

2025-S5555 (ACTIVE) - Bill Text download pdf

Comments