Bill Text: NY A08334 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "dialogue and decorum act" which establishes the crime of disruption or disturbance of a lawful assembly; makes such crime a class A misdemeanor.

Spectrum: Strong Partisan Bill (Democrat 28-3)

Status: (Introduced) 2024-01-03 - referred to codes [A08334 Detail]

Download: New_York-2023-A08334-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8334

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. BERGER -- 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:

     1    Section  1.  This act shall be known and may be cited as the "dialogue
     2  and decorum act".
     3    § 2. The penal law is amended by adding a new section 240.22  to  read
     4  as follows:
     5  § 240.22 Disruption or disturbance of a lawful assembly.
     6    1.  A person is guilty of disruption or disturbance of a lawful assem-
     7  bly when he or she, without authority  of  law,  willfully  disturbs  or
     8  breaks up any assembly or meeting that is not unlawful in its character.
     9    2.  For  purposes  of this section, the following terms shall have the
    10  following meanings:
    11    (a) "Willfully disturbs" shall mean:
    12    (i) the conduct substantially impairs the ability to conduct a  lawful
    13  meeting or assembly;
    14    (ii)  the  conduct  disrupting  the meeting or assembly is intended to
    15  cause a disruption; and
    16    (iii) the conduct is in violation of the implicit customs or usage  of
    17  the  specific kind of meeting or assembly, or the explicit rules govern-
    18  ing the meeting or assembly, where the disrupting party knew or  reason-
    19  ably should have known such conduct was in violation.
    20    (b)  "Lawful  assembly"  shall mean a group of two or more individuals
    21  who legally reserve a space or area with an  institution  or  a  munici-
    22  pality  by paying a fee or filing an application, and who use such space
    23  or area to peacefully assemble for any purpose not expressly  prohibited
    24  by law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13729-03-3
        A. 8334                             2

     1    3.  Disregard of a moderator's call to order or a determination that a
     2  person is in violation of the rules of an assembly or meeting  shall  be
     3  proof of an impermissible intent to disrupt.
     4    Disruption  or disturbance of a lawful assembly is a class A misdemea-
     5  nor.
     6    § 3. This act shall take effect immediately.