BILL NUMBER: S6746

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the penal law, in relation to unlawful concealment of
identity during a protest

 
PURPOSE:

To prevent the anonymity of individuals who commit aggressive actions or
crimes during a protest.

 
SUMMARY OF PROVISIONS:

  Section  one  of  the bill adds section 240.11 to the penal law estab-
lishing the crime of concealment of identity during a protest when  such
person,  while involved in a lawful assembly, unlawful assembly, protest
or riot, wears a mask or facial covering to conceal their  identity.  It
also creates several exemptions.

  Section two of the bill provides the effective date.
              

 
JUSTIFICATION:

Protests  and  demonstrations  are  an  important part of our democracy.
While some protests are peaceful, we have seen too many recent  examples
of  protests  escalating  into  violent  or  unlawful  activities.   The
concealment of identity has been linked  to  illegal  actions,  such  as
vandalism,  assault,  and destruction of property, as it allows individ-
uals to act anonymously and avoid  identification  by  law  enforcement.
This  bill  would  help  stop individuals who wish to anonymously commit
crimes, while still preserving individuals' rights  to  free  expression
and assembly.

This  bill  allows  law  enforcement  to effectively manage protests and
public gatherings, ensuring that demonstrators can express  their  views
safely,  while  preventing others from using anonymity to commit crimes.
It strikes a balance between public safety and the right to free  speech
and  assembly.  This  bill  also provides exceptions for individuals who
have a valid reason for concealing their identity, such as  for  health-
related  reasons  or  cultural practices, ensuring that it is not overly
restrictive.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act would take effect immediately.