STATE OF NEW YORK ________________________________________________________________________ 4773 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. E. BROWN, ANGELINO, DeSTEFANO, MORINELLO, BEEPHAN, LEMONDES, HAWLEY, MANKTELOW, JENSEN, CHANG, SMULLEN, MIKULIN, DURSO, GANDOLFO, BLUMENCRANZ, McDONOUGH, TAGUE, BLANKENBUSH, MILLER, BROOK-KRASNY, RA, FRIEND -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to being masked or disguised while 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, subdivision 6 as 3 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] such person: 7 [2] 1. Loiters or remains in a public place for the purpose of gambl- 8 ing with cards, dice or other gambling paraphernalia; or 9 [5] 2. Loiters or remains in or about school grounds, a college or 10 university building or grounds or a children's overnight camp as defined 11 in section one thousand three hundred ninety-two of the public health 12 law or a summer day camp as defined in section one thousand three 13 hundred ninety-two of the public health law, or loiters, remains in or 14 enters a school bus as defined in section one hundred forty-two of the 15 vehicle and traffic law, not having any reason or relationship involving 16 custody of or responsibility for a pupil or student, or any other 17 specific, legitimate reason for being there, and not having written 18 permission from anyone authorized to grant the same or loiters or 19 remains in or about such children's overnight camp or summer day camp in 20 violation of conspicuously posted rules or regulations governing entry 21 and use thereof; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07284-01-5
A. 4773 2 1 [6] 3. Loiters or remains in any transportation facility, unless 2 specifically authorized to do so, for the purpose of soliciting or 3 engaging in any business, trade or commercial transactions involving the 4 sale of merchandise or services, or for the purpose of entertaining 5 persons by singing, dancing or playing any musical instrument; or 6 4. Being masked or in any manner disguised by unusual or unnatural 7 attire or facial alteration, loiters, remains or congregates in a public 8 place with six or more other persons so masked or disguised, or knowing- 9 ly permits or aids such persons so masked or disguised to congregate in 10 a public place; except that such conduct is not unlawful when it occurs 11 in connection with a masquerade party or like entertainment if, when 12 such entertainment is held in a city which has promulgated regulations 13 in connection with such affairs, permission is first obtained from the 14 police or other appropriate authorities. 15 Loitering is a violation. 16 § 2. This act shall take effect immediately.