Bill Text: NY S00534 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated disorderly conduct; designates such crime as a specified offense for the purposes of hate crimes.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00534 Detail]
Download: New_York-2025-S00534-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 534 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. MARTINS, CANZONERI-FITZPATRICK, GRIFFO, MATTERA, OBERACKER, PALUMBO, RHOADS, ROLISON, WEBER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crime of aggravated disorderly conduct The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 240.20-a 2 to read as follows: 3 § 240.20-a Aggravated disorderly conduct. 4 A person is guilty of aggravated disorderly conduct when, with intent 5 to cause public inconvenience, annoyance or alarm, or recklessly creat- 6 ing a risk thereof the person obstructs vehicular or pedestrian traffic 7 or prevents the public from entering or exiting buildings during an 8 unpermitted or unlawful protest, demonstration, or assembly. 9 Aggravated disorderly conduct is a class A misdemeanor. 10 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 11 section 2 of part C of chapter 55 of the laws of 2024, is amended to 12 read as follows: 13 3. A "specified offense" is an offense defined by any of the following 14 provisions of this chapter: section 120.00 (assault in the third 15 degree); section 120.05 (assault in the second degree); section 120.06 16 (gang assault in the second degree); section 120.07 (gang assault in the 17 first degree); section 120.10 (assault in the first degree); section 18 120.12 (aggravated assault upon a person less than eleven years old); 19 section 120.13 (menacing in the first degree); section 120.14 (menacing 20 in the second degree); section 120.15 (menacing in the third degree); 21 section 120.20 (reckless endangerment in the second degree); section 22 120.25 (reckless endangerment in the first degree); section 121.11 23 (criminal obstruction of breathing or blood circulation); section 121.12 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01754-01-5S. 534 2 1 (strangulation in the second degree); section 121.13 (strangulation in 2 the first degree); subdivision one of section 125.15 (manslaughter in 3 the second degree); subdivision one, two or four of section 125.20 4 (manslaughter in the first degree); section 125.25 (murder in the second 5 degree); section 125.26 (aggravated murder); section 125.27 (murder in 6 the first degree); section 120.45 (stalking in the fourth degree); 7 section 120.50 (stalking in the third degree); section 120.55 (stalking 8 in the second degree); section 120.60 (stalking in the first degree); 9 section 130.20 (sexual misconduct); section 130.25 (rape in the third 10 degree); section 130.30 (rape in the second degree); section 130.35 11 (rape in the first degree); former section 130.40; former section 12 130.45; former section 130.50; section 130.52 (forcible touching); 13 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 14 in the third degree); section 130.60 (sexual abuse in the second 15 degree); section 130.65 (sexual abuse in the first degree); section 16 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 17 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 18 vated sexual abuse in the second degree); section 130.70 (aggravated 19 sexual abuse in the first degree); section 135.05 (unlawful imprisonment 20 in the second degree); section 135.10 (unlawful imprisonment in the 21 first degree); section 135.20 (kidnapping in the second degree); section 22 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 23 third degree); section 135.61 (coercion in the second degree); section 24 135.65 (coercion in the first degree); section 140.10 (criminal trespass 25 in the third degree); section 140.15 (criminal trespass in the second 26 degree); section 140.17 (criminal trespass in the first degree); section 27 140.20 (burglary in the third degree); section 140.25 (burglary in the 28 second degree); section 140.30 (burglary in the first degree); section 29 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 30 nal mischief in the third degree); section 145.10 (criminal mischief in 31 the second degree); section 145.12 (criminal mischief in the first 32 degree); section 150.05 (arson in the fourth degree); section 150.10 33 (arson in the third degree); section 150.15 (arson in the second 34 degree); section 150.20 (arson in the first degree); section 155.25 35 (petit larceny); section 155.30 (grand larceny in the fourth degree); 36 section 155.35 (grand larceny in the third degree); section 155.40 37 (grand larceny in the second degree); section 155.42 (grand larceny in 38 the first degree); section 160.05 (robbery in the third degree); section 39 160.10 (robbery in the second degree); section 160.15 (robbery in the 40 first degree); section 240.20-a (aggravated disorderly conduct); section 41 230.34 (sex trafficking); section 230.34-a (sex trafficking of a child); 42 section 240.25 (harassment in the first degree); subdivision one, two or 43 four of section 240.30 (aggravated harassment in the second degree); 44 section 240.50 (falsely reporting an incident in the third degree); 45 section 240.55 (falsely reporting an incident in the second degree); 46 section 240.60 (falsely reporting an incident in the first degree); 47 subdivision one of section 265.03 (criminal possession of a weapon in 48 the second degree); subdivision one of section 265.04 (criminal 49 possession of a weapon in the first degree); section 490.10 (soliciting 50 or providing support for an act of terrorism in the second degree); 51 section 490.15 (soliciting or providing support for an act of terrorism 52 in the first degree); section 490.20 (making a terroristic threat); 53 section 490.25 (crime of terrorism); section 490.30 (hindering prose- 54 cution of terrorism in the second degree); section 490.35 (hindering 55 prosecution of terrorism in the first degree); section 490.37 (criminal 56 possession of a chemical weapon or biological weapon in the thirdS. 534 3 1 degree); section 490.40 (criminal possession of a chemical weapon or 2 biological weapon in the second degree); section 490.45 (criminal 3 possession of a chemical weapon or biological weapon in the first 4 degree); section 490.47 (criminal use of a chemical weapon or biological 5 weapon in the third degree); section 490.50 (criminal use of a chemical 6 weapon or biological weapon in the second degree); section 490.55 (crim- 7 inal use of a chemical weapon or biological weapon in the first degree); 8 or any attempt or conspiracy to commit any of the foregoing offenses. 9 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 10 criminal procedure law, paragraph (t) as amended and paragraph (u) as 11 added by section 2 of subpart B of part UU of chapter 56 of the laws of 12 2022, are amended and a new paragraph (v) is added to read as follows: 13 (t) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, or any charge of criminal possession of a 15 firearm as defined in section 265.01-b of the penal law, where such 16 charge arose from conduct occurring while the defendant was released on 17 [his or her] such defendant's own recognizance, released under condi- 18 tions, or had yet to be arraigned after the issuance of a desk appear- 19 ance ticket for a separate felony or class A misdemeanor involving harm 20 to an identifiable person or property, or any charge of criminal 21 possession of a firearm as defined in section 265.01-b of the penal law, 22 provided, however, that the prosecutor must show reasonable cause to 23 believe that the defendant committed the instant crime and any underly- 24 ing crime. For the purposes of this subparagraph, any of the underlying 25 crimes need not be a qualifying offense as defined in this subdivision. 26 For the purposes of this paragraph, "harm to an identifiable person or 27 property" shall include but not be limited to theft of or damage to 28 property. However, based upon a review of the facts alleged in the accu- 29 satory instrument, if the court determines that such theft is negligible 30 and does not appear to be in furtherance of other criminal activity, the 31 principal shall be released on [his or her] such principal's own recog- 32 nizance or under appropriate non-monetary conditions; [or] 33 (u) criminal possession of a weapon in the third degree as defined in 34 subdivision three of section 265.02 of the penal law or criminal sale of 35 a firearm to a minor as defined in section 265.16 of the penal law[.]; 36 or 37 (v) aggravated disorderly conduct as defined in section 240.20-a of 38 the penal law. 39 § 4. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 40 section 530.20 of the criminal procedure law, subparagraph (xx) as 41 amended and subparagraph (xxi) as added by section 4 of subpart C of 42 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 43 agraph (xxii) is added to read as follows: 44 (xx) any felony or class A misdemeanor involving harm to an identifi- 45 able person or property, or any charge of criminal possession of a 46 firearm as defined in section 265.01-b of the penal law where such 47 charge arose from conduct occurring while the defendant was released on 48 [his or her] such defendant's own recognizance, released under condi- 49 tions, or had yet to be arraigned after the issuance of a desk appear- 50 ance ticket for a separate felony or class A misdemeanor involving harm 51 to an identifiable person or property, provided, however, that the 52 prosecutor must show reasonable cause to believe that the defendant 53 committed the instant crime and any underlying crime. For the purposes 54 of this subparagraph, any of the underlying crimes need not be a quali- 55 fying offense as defined in this subdivision. For the purposes of this 56 paragraph, "harm to an identifiable person or property" shall includeS. 534 4 1 but not be limited to theft of or damage to property. However, based 2 upon a review of the facts alleged in the accusatory instrument, if the 3 court determines that such theft is negligible and does not appear to be 4 in furtherance of other criminal activity, the principal shall be 5 released on [his or her] such principal's own recognizance or under 6 appropriate non-monetary conditions; [or] 7 (xxi) criminal possession of a weapon in the third degree as defined 8 in subdivision three of section 265.02 of the penal law or criminal sale 9 of a firearm to a minor as defined in section 265.16 of the penal 10 law[.]; or 11 (xxii) aggravated disorderly conduct as defined in section 240.20-a of 12 the penal law. 13 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 14 criminal procedure law, paragraph (t) as amended and paragraph (u) as 15 added by section 4 of subpart B of part UU of chapter 56 of the laws of 16 2022, are amended and a new paragraph (v) is added to read as follows: 17 (t) any felony or class A misdemeanor involving harm to an identifi- 18 able person or property, or any charge of criminal possession of a 19 firearm as defined in section 265.01-b of the penal law, where such 20 charge arose from conduct occurring while the defendant was released on 21 [his or her] such defendant's own recognizance, released under condi- 22 tions, or had yet to be arraigned after the issuance of a desk appear- 23 ance ticket for a separate felony or class A misdemeanor involving harm 24 to an identifiable person or property, or any charge of criminal 25 possession of a firearm as defined in section 265.01-b of the penal law, 26 provided, however, that the prosecutor must show reasonable cause to 27 believe that the defendant committed the instant crime and any underly- 28 ing crime. For the purposes of this subparagraph, any of the underlying 29 crimes need not be a qualifying offense as defined in this subdivision. 30 For the purposes of this paragraph, "harm to an identifiable person or 31 property" shall include but not be limited to theft of or damage to 32 property. However, based upon a review of the facts alleged in the accu- 33 satory instrument, if the court determines that such theft is negligible 34 and does not appear to be in furtherance of other criminal activity, the 35 principal shall be released on [his or her] such principal's own recog- 36 nizance or under appropriate non-monetary conditions; [or] 37 (u) criminal possession of a weapon in the third degree as defined in 38 subdivision three of section 265.02 of the penal law or criminal sale of 39 a firearm to a minor as defined in section 265.16 of the penal law[.]; 40 or 41 (v) aggravated disorderly conduct as defined in section 240.20-a of 42 the penal law. 43 § 6. This act shall take effect immediately.
