Bill Text: NY A10446 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the crime of loitering.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2020-06-13 - SIGNED CHAP.98 [A10446 Detail]

Download: New_York-2019-A10446-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10446

                   IN ASSEMBLY

                                      May 18, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Quart) --
          read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to the crime of loitering

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 240.35 of the penal law, subdivision 5 as separate-
     2  ly amended by chapters 350 and 395 of the laws of 2001 and subdivision 6
     3  as  renumbered by chapter 446 of the laws of 1978, is amended to read as
     4  follows:
     5  § 240.35 Loitering.
     6    A person is guilty of loitering when he[:
     7    2. Loiters or remains in a public place for the  purpose  of  gambling
     8  with cards, dice or other gambling paraphernalia; or
     9    4.  Being  masked  or  in any manner disguised by unusual or unnatural
    10  attire or facial alteration, loiters, remains or congregates in a public
    11  place with other persons so masked or disguised, or knowingly permits or
    12  aids persons so masked or disguised to congregate  in  a  public  place;
    13  except  that  such  conduct is not unlawful when it occurs in connection
    14  with a masquerade party or  like  entertainment  if,  when  such  enter-
    15  tainment  is  held  in  a  city  which  has  promulgated  regulations in
    16  connection with such affairs, permission  is  first  obtained  from  the
    17  police or other appropriate authorities; or
    18    5.  Loiters]  or  she loiters or remains in or about school grounds, a
    19  college or university building or grounds or a children's overnight camp
    20  as defined in section one  thousand  three  hundred  ninety-two  of  the
    21  public  health  law or a summer day camp as defined in section one thou-
    22  sand three hundred ninety-two of the  public  health  law,  or  loiters,
    23  remains  in  or  enters  a  school bus as defined in section one hundred
    24  forty-two of the vehicle and traffic  law,  not  having  any  reason  or
    25  relationship  involving  custody  of  or  responsibility  for a pupil or
    26  student, or any other specific, legitimate reason for being  there,  and
    27  not  having  written permission from anyone authorized to grant the same
    28  or loiters or remains in or about  such  children's  overnight  camp  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16256-01-0

        A. 10446                            2

     1  summer  day  camp  in  violation  of conspicuously posted rules or regu-
     2  lations governing entry and use thereof[; or
     3    6.  Loiters  or remains in any transportation facility, unless specif-
     4  ically authorized to do so, for the purpose of soliciting or engaging in
     5  any business, trade or commercial transactions  involving  the  sale  of
     6  merchandise  or  services, or for the purpose of entertaining persons by
     7  singing, dancing or playing any musical instrument; or].
     8    Loitering is a violation.
     9    § 2. This act shall take effect immediately.
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