STATE OF NEW YORK ________________________________________________________________________ 8646 IN SENATE February 26, 2024 ___________ Introduced by Sens. MARTINS, CANZONERI-FITZPATRICK, GRIFFO, OBERACKER, 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 3 of part R of chapter 55 of the laws of 2020, 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 120.10 16 (assault in the first degree); section 120.12 (aggravated assault upon a 17 person less than eleven years old); section 120.13 (menacing in the 18 first degree); section 120.14 (menacing in the second degree); section 19 120.15 (menacing in the third degree); section 120.20 (reckless endan- 20 germent in the second degree); section 120.25 (reckless endangerment in 21 the first degree); section 121.12 (strangulation in the second degree); 22 section 121.13 (strangulation in the first degree); subdivision one of 23 section 125.15 (manslaughter in the second degree); subdivision one, two 24 or four of section 125.20 (manslaughter in the first degree); section 25 125.25 (murder in the second degree); section 120.45 (stalking in the 26 fourth degree); section 120.50 (stalking in the third degree); section 27 120.55 (stalking in the second degree); section 120.60 (stalking in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14541-02-4
S. 8646 2 1 first degree); subdivision one of section 130.35 (rape in the first 2 degree); subdivision one of section 130.50 (criminal sexual act in the 3 first degree); subdivision one of section 130.65 (sexual abuse in the 4 first degree); paragraph (a) of subdivision one of section 130.67 5 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 6 vision one of section 130.70 (aggravated sexual abuse in the first 7 degree); section 135.05 (unlawful imprisonment in the second degree); 8 section 135.10 (unlawful imprisonment in the first degree); section 9 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 10 the first degree); section 135.60 (coercion in the third degree); 11 section 135.61 (coercion in the second degree); section 135.65 (coercion 12 in the first degree); section 140.10 (criminal trespass in the third 13 degree); section 140.15 (criminal trespass in the second degree); 14 section 140.17 (criminal trespass in the first degree); section 140.20 15 (burglary in the third degree); section 140.25 (burglary in the second 16 degree); section 140.30 (burglary in the first degree); section 145.00 17 (criminal mischief in the fourth degree); section 145.05 (criminal 18 mischief in the third degree); section 145.10 (criminal mischief in the 19 second degree); section 145.12 (criminal mischief in the first degree); 20 section 150.05 (arson in the fourth degree); section 150.10 (arson in 21 the third degree); section 150.15 (arson in the second degree); section 22 150.20 (arson in the first degree); section 155.25 (petit larceny); 23 section 155.30 (grand larceny in the fourth degree); section 155.35 24 (grand larceny in the third degree); section 155.40 (grand larceny in 25 the second degree); section 155.42 (grand larceny in the first degree); 26 section 160.05 (robbery in the third degree); section 160.10 (robbery in 27 the second degree); section 160.15 (robbery in the first degree); 28 section 240.20-a (aggravated disorderly conduct); section 240.25 29 (harassment in the first degree); subdivision one, two or four of 30 section 240.30 (aggravated harassment in the second degree); section 31 490.10 (soliciting or providing support for an act of terrorism in the 32 second degree); section 490.15 (soliciting or providing support for an 33 act of terrorism in the first degree); section 490.20 (making a terror- 34 istic threat); section 490.25 (crime of terrorism); section 490.30 35 (hindering prosecution of terrorism in the second degree); section 36 490.35 (hindering prosecution of terrorism in the first degree); section 37 490.37 (criminal possession of a chemical weapon or biological weapon in 38 the third degree); section 490.40 (criminal possession of a chemical 39 weapon or biological weapon in the second degree); section 490.45 (crim- 40 inal possession of a chemical weapon or biological weapon in the first 41 degree); section 490.47 (criminal use of a chemical weapon or biological 42 weapon in the third degree); section 490.50 (criminal use of a chemical 43 weapon or biological weapon in the second degree); section 490.55 (crim- 44 inal use of a chemical weapon or biological weapon in the first degree); 45 or any attempt or conspiracy to commit any of the foregoing offenses. 46 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by 47 chapter 23 of the laws of 2024, is amended to read as follows: 48 3. A "specified offense" is an offense defined by any of the following 49 provisions of this chapter: section 120.00 (assault in the third 50 degree); section 120.05 (assault in the second degree); section 120.10 51 (assault in the first degree); section 120.12 (aggravated assault upon a 52 person less than eleven years old); section 120.13 (menacing in the 53 first degree); section 120.14 (menacing in the second degree); section 54 120.15 (menacing in the third degree); section 120.20 (reckless endan- 55 germent in the second degree); section 120.25 (reckless endangerment in 56 the first degree); section 121.12 (strangulation in the second degree);
S. 8646 3 1 section 121.13 (strangulation in the first degree); subdivision one of 2 section 125.15 (manslaughter in the second degree); subdivision one, two 3 or four of section 125.20 (manslaughter in the first degree); section 4 125.25 (murder in the second degree); section 120.45 (stalking in the 5 fourth degree); section 120.50 (stalking in the third degree); section 6 120.55 (stalking in the second degree); section 120.60 (stalking in the 7 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi- 8 vision two and paragraph (a) of subdivision three of section 130.35 9 (rape in the first degree); former subdivision one of section 130.35 10 (rape in the first degree); subdivision one of former section 130.50; 11 subdivision one of section 130.65 (sexual abuse in the first degree); 12 paragraph (a) of subdivision one of section 130.67 (aggravated sexual 13 abuse in the second degree); paragraph (a) of subdivision one of section 14 130.70 (aggravated sexual abuse in the first degree); section 135.05 15 (unlawful imprisonment in the second degree); section 135.10 (unlawful 16 imprisonment in the first degree); section 135.20 (kidnapping in the 17 second degree); section 135.25 (kidnapping in the first degree); section 18 135.60 (coercion in the third degree); section 135.61 (coercion in the 19 second degree); section 135.65 (coercion in the first degree); section 20 140.10 (criminal trespass in the third degree); section 140.15 (criminal 21 trespass in the second degree); section 140.17 (criminal trespass in the 22 first degree); section 140.20 (burglary in the third degree); section 23 140.25 (burglary in the second degree); section 140.30 (burglary in the 24 first degree); section 145.00 (criminal mischief in the fourth degree); 25 section 145.05 (criminal mischief in the third degree); section 145.10 26 (criminal mischief in the second degree); section 145.12 (criminal 27 mischief in the first degree); section 150.05 (arson in the fourth 28 degree); section 150.10 (arson in the third degree); section 150.15 29 (arson in the second degree); section 150.20 (arson in the first 30 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 31 in the fourth degree); section 155.35 (grand larceny in the third 32 degree); section 155.40 (grand larceny in the second degree); section 33 155.42 (grand larceny in the first degree); section 160.05 (robbery in 34 the third degree); section 160.10 (robbery in the second degree); 35 section 160.15 (robbery in the first degree); section 240.20-a (aggra- 36 vated disorderly conduct); section 240.25 (harassment in the first 37 degree); subdivision one, two or four of section 240.30 (aggravated 38 harassment in the second degree); section 490.10 (soliciting or provid- 39 ing support for an act of terrorism in the second degree); section 40 490.15 (soliciting or providing support for an act of terrorism in the 41 first degree); section 490.20 (making a terroristic threat); section 42 490.25 (crime of terrorism); section 490.30 (hindering prosecution of 43 terrorism in the second degree); section 490.35 (hindering prosecution 44 of terrorism in the first degree); section 490.37 (criminal possession 45 of a chemical weapon or biological weapon in the third degree); section 46 490.40 (criminal possession of a chemical weapon or biological weapon in 47 the second degree); section 490.45 (criminal possession of a chemical 48 weapon or biological weapon in the first degree); section 490.47 (crimi- 49 nal use of a chemical weapon or biological weapon in the third degree); 50 section 490.50 (criminal use of a chemical weapon or biological weapon 51 in the second degree); section 490.55 (criminal use of a chemical weapon 52 or biological weapon in the first degree); or any attempt or conspiracy 53 to commit any of the foregoing offenses. 54 § 4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 55 criminal procedure law, paragraph (t) as amended and paragraph (u) as
S. 8646 4 1 added by section 2 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and a new paragraph (v) is added to read as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 his or her own recognizance, released under conditions, or had yet to be 8 arraigned after the issuance of a desk appearance ticket for a separate 9 felony or class A misdemeanor involving harm to an identifiable person 10 or property, or any charge of criminal possession of a firearm as 11 defined in section 265.01-b of the penal law, provided, however, that 12 the prosecutor must show reasonable cause to believe that the defendant 13 committed the instant crime and any underlying crime. For the purposes 14 of this subparagraph, any of the underlying crimes need not be a quali- 15 fying offense as defined in this subdivision. For the purposes of this 16 paragraph, "harm to an identifiable person or property" shall include 17 but not be limited to theft of or damage to property. However, based 18 upon a review of the facts alleged in the accusatory instrument, if the 19 court determines that such theft is negligible and does not appear to be 20 in furtherance of other criminal activity, the principal shall be 21 released on his or her own recognizance or under appropriate non-mone- 22 tary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 or 27 (v) aggravated disorderly conduct as defined in section 240.20-a of 28 the penal law. 29 § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 30 section 530.20 of the criminal procedure law, subparagraph (xx) as 31 amended and subparagraph (xxi) as added by section 4 of subpart C of 32 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 33 agraph (xxii) is added to read as follows: 34 (xx) any felony or class A misdemeanor involving harm to an identifi- 35 able person or property, or any charge of criminal possession of a 36 firearm as defined in section 265.01-b of the penal law where such 37 charge arose from conduct occurring while the defendant was released on 38 his or her own recognizance, released under conditions, or had yet to be 39 arraigned after the issuance of a desk appearance ticket for a separate 40 felony or class A misdemeanor involving harm to an identifiable person 41 or property, provided, however, that the prosecutor must show reasonable 42 cause to believe that the defendant committed the instant crime and any 43 underlying crime. For the purposes of this subparagraph, any of the 44 underlying crimes need not be a qualifying offense as defined in this 45 subdivision. For the purposes of this paragraph, "harm to an identifi- 46 able person or property" shall include but not be limited to theft of or 47 damage to property. However, based upon a review of the facts alleged in 48 the accusatory instrument, if the court determines that such theft is 49 negligible and does not appear to be in furtherance of other criminal 50 activity, the principal shall be released on his or her own recognizance 51 or under appropriate non-monetary conditions; [or] 52 (xxi) criminal possession of a weapon in the third degree as defined 53 in subdivision three of section 265.02 of the penal law or criminal sale 54 of a firearm to a minor as defined in section 265.16 of the penal 55 law[.]; or
S. 8646 5 1 (xxii) aggravated disorderly conduct as defined in section 240.20-a of 2 the penal law. 3 § 6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 4 criminal procedure law, paragraph (t) as amended and paragraph (u) as 5 added by section 4 of subpart B of part UU of chapter 56 of the laws of 6 2022, are amended and a new paragraph (v) is added to read as follows: 7 (t) any felony or class A misdemeanor involving harm to an identifi- 8 able person or property, or any charge of criminal possession of a 9 firearm as defined in section 265.01-b of the penal law, where such 10 charge arose from conduct occurring while the defendant was released on 11 his or her own recognizance, released under conditions, or had yet to be 12 arraigned after the issuance of a desk appearance ticket for a separate 13 felony or class A misdemeanor involving harm to an identifiable person 14 or property, or any charge of criminal possession of a firearm as 15 defined in section 265.01-b of the penal law, provided, however, that 16 the prosecutor must show reasonable cause to believe that the defendant 17 committed the instant crime and any underlying crime. For the purposes 18 of this subparagraph, any of the underlying crimes need not be a quali- 19 fying offense as defined in this subdivision. For the purposes of this 20 paragraph, "harm to an identifiable person or property" shall include 21 but not be limited to theft of or damage to property. However, based 22 upon a review of the facts alleged in the accusatory instrument, if the 23 court determines that such theft is negligible and does not appear to be 24 in furtherance of other criminal activity, the principal shall be 25 released on his or her own recognizance or under appropriate non-mone- 26 tary conditions; [or] 27 (u) criminal possession of a weapon in the third degree as defined in 28 subdivision three of section 265.02 of the penal law or criminal sale of 29 a firearm to a minor as defined in section 265.16 of the penal law[.]; 30 or 31 (v) aggravated disorderly conduct as defined in section 240.20-a of 32 the penal law. 33 § 7. This act shall take effect immediately; provided, however, that 34 section three of this act shall take effect on the same date and in the 35 same manner as section 66 of chapter 777 of the laws of 2023, takes 36 effect.