Establishes the crime of aggravated disorderly conduct

2025 Regular Session Introduced by Joe Angelino and 7 co-sponsors

Creates a new misdemeanor aggravated disorderly conduct offense for unpermitted protests that obstruct traffic or access, and expands pretrial-release rules to include it.

REFERRED TO CODES

Purpose and main intent

Introduces a new criminal offense: aggravated disorderly conduct under New York penal law.

Goal: criminalize certain disruptive conduct during unpermitted or unlawful protests, demonstrations, or assemblies that obstruct traffic or hinder public entry/exit to buildings, with intent to cause public inconvenience, annoyance, or alarm (or acting with recklessness regarding such risk).

Classification: aggravated disorderly conduct is a class A misdemeanor.

Key provisions and changes

New law addition:

Penal Law § 240.20-a: Defines aggravated disorderly conduct.
Elements: (a) intent to cause public inconvenience, annoyance, or alarm, or recklessness creating a risk of such; (b) obstructs vehicular or pedestrian traffic or blocks public entry/exit during an unpermitted/unlawful protest, demonstration, or assembly.

Increases potential prosecutions tied to protests by creating a specific offense for these behaviors.

Related statutory amendments (criminal procedure law):

Amends the definitions of “specified offenses” and related pretrial release provisions to include aggravated disorderly conduct as a qualifying offense in certain contexts:
New entry in lists of specified offenses that trigger certain procedures (e.g., pretrial release considerations, bail-related decisions) when alleged alongside other offenses.
Adds expanded applicability in sections governing:
Release on recognizance or non-monetary conditions where underlying conduct involves harm to identifiable persons or property or gun possession during release on other charges.
Similar alignment in related sections, ensuring aggravated disorderly conduct can influence pretrial decisions.

Effective date:

Takes effect immediately upon enactment.

Who/what would be affected

Individuals charged with aggravated disorderly conduct under § 240.20-a.

Defendants facing related charges where aggravated disorderly conduct is a listed offense impacting pretrial release and procedures.

Law enforcement, prosecutors, and judges operating in cases involving protests or demonstrations, as the new offense provides a distinct charge and influences related bail/pretrial release considerations.

Procedural and timeline aspects

Immediate enactment: act takes effect as soon as enacted.

Integrates with existing criminal procedure law to update “specified offenses” and related pretrial release provisions, potentially accelerating or expanding pretrial decision workflows for cases involving aggravated disorderly conduct alongside other offenses.

Summary impact

The bill creates a targeted misdemeanor offense to address disruptive protest activity that impedes traffic or access during unpermitted protests.

It also broadens the scope of pretrial-release-related statutes to treat aggravated disorderly conduct as a qualifying offense in certain contexts, potentially affecting detention and release decisions in simultaneous charges.