NY State Senate Bill 2025-S723

Senate Bill S723

2025-2026 Legislative Session

Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask

download bill text pdf

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
Jan 08, 2025	referred to codes

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2025-S723 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§190.90 & 190.91, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S9194

2025-S723 (ACTIVE) - Summary

Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.

2025-S723 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S723

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crimes of
deceptive wearing of a mask and aggravated deceptive wearing of a mask

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill addresses the growing concern surrounding the deceptive wear-
ing of masks during public protests, rallies, and assemblies.

 
SUMMARY OF PROVISIONS:  Section 1 amends the penal law by adding two
new sections: 190.90 adds the crime of deceptive mask wearing; 190.91
adds the crime of aggravated deceptive mask wearing.

Section 1 subdivision 2 contains the effective date.

 
JUSTIFICATION:

The recent surge in mass protests at colleges and universities and in
public streets underscores the urgent need for measurers to ensure
public safety and accountability. While the right to peaceful assembly
is core to our nation's values, the deceptive use of masks poses a
significant risk to both individuals and property.

Under this proposal, deceptive mask wearing would be charged as a Class
B misdemeanor while aggravated deceptive mask wearing would face
elevated charges as a Class A misdemeanor. This would ensure that indi-
viduals are held accountable for their actions and may even deter indi-
viduals from using masks to conceal their identities while engaging in
disruptive or unlawful behavior during public gatherings.  Religious
attire and costumes associated with permitted events are exempt.

By prohibiting the deceptive wearing of masks during protests, rallies,
and other public assemblies, this legislation strikes a balance between
protecting first amendment rights and maintaining public order. It sends
a clear message that while peaceful protest is welcomed and protected,
deceptive tactics aimed at inciting violence or causing harm will not be
tolerated.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2025-S723 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    723
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  RHOADS, BORRELLO, CANZONERI-FITZPATRICK, MARTINS,
   MATTERA, MURRAY, OBERACKER, WEBER, WEIK  --  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 establishing the crimes of
   deceptive wearing of a mask and aggravated deceptive wearing of a mask
 
   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 two new sections  190.90
 and 190.91 to read as follows:
 § 190.90 DECEPTIVE WEARING OF A MASK.
   A  PERSON  IS  GUILTY OF DECEPTIVE WEARING OF A MASK WHEN, SUCH PERSON
 BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR  UNNATURAL  ATTIRE
 OR  FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A PUBLIC PLACE
 WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED  IN  A  PROTEST,
 RALLY  OR OTHER PUBLIC ASSEMBLY, OR KNOWINGLY PERMITS OR AIDS PERSONS SO
 MASKED OR DISGUISED TO CONGREGATE IN A PUBLIC PLACE;  EXCEPT  THAT  SUCH
 CONDUCT  IS  NOT  UNLAWFUL  WHEN  IT IS WORN FOR RELIGIOUS OBSERVANCE OR
 CUSTOMS OR 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.
   DECEPTIVE WEARING OF A MASK IS A CLASS B MISDEMEANOR.
 § 190.91 AGGRAVATED DECEPTIVE WEARING OF A MASK.
   A  PERSON  IS  GUILTY  OF AGGRAVATED DECEPTIVE WEARING OF A MASK WHEN,
 SUCH PERSON BEING MASKED OR IN ANY MANNER DISGUISED BY UNUSUAL OR  UNNA-
 TURAL  ATTIRE OR FACIAL ALTERATION, LOITERS, REMAINS OR CONGREGATES IN A
 PUBLIC PLACE WITH OTHER PERSONS SO MASKED OR DISGUISED WHILE ENGAGED  IN
 THE  CONDUCT OF DECEPTIVE WEARING OF A MASK AND CAUSE INJURY TO A PERSON
 OR DAMAGE TO PROPERTY OR THEFT OF PROPERTY BELONGING TO ANOTHER  PERSON,
 OR  KNOWINGLY  PERMITS OR AIDS PERSONS SO MASKED OR DISGUISED TO CONGRE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02637-01-5
 S. 723                              2
 
 GATE IN A PUBLIC PLACE; EXCEPT THAT SUCH CONDUCT IS NOT UNLAWFUL WHEN IT
 IS WORN FOR RELIGIOUS  OBSERVANCE  OR  CUSTOMS  OR  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.
   AGGRAVATED DECEPTIVE WEARING OF A MASK IS A CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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