BILL NUMBER: S723
SPONSOR: RHOADS
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crimes of
deceptive wearing of a mask and aggravated deceptive wearing of a mask
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill addresses the growing concern surrounding the deceptive wear-
ing of masks during public protests, rallies, and assemblies.
 
SUMMARY OF PROVISIONS: Section 1 amends the penal law by adding two
new sections: 190.90 adds the crime of deceptive mask wearing; 190.91
adds the crime of aggravated deceptive mask wearing.
Section 1 subdivision 2 contains the effective date.
 
JUSTIFICATION:
The recent surge in mass protests at colleges and universities and in
public streets underscores the urgent need for measurers to ensure
public safety and accountability. While the right to peaceful assembly
is core to our nation's values, the deceptive use of masks poses a
significant risk to both individuals and property.
Under this proposal, deceptive mask wearing would be charged as a Class
B misdemeanor while aggravated deceptive mask wearing would face
elevated charges as a Class A misdemeanor. This would ensure that indi-
viduals are held accountable for their actions and may even deter indi-
viduals from using masks to conceal their identities while engaging in
disruptive or unlawful behavior during public gatherings. Religious
attire and costumes associated with permitted events are exempt.
By prohibiting the deceptive wearing of masks during protests, rallies,
and other public assemblies, this legislation strikes a balance between
protecting first amendment rights and maintaining public order. It sends
a clear message that while peaceful protest is welcomed and protected,
deceptive tactics aimed at inciting violence or causing harm will not be
tolerated.
 
PRIOR LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.