S804-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S804-2011 Memo

BILL NUMBER:S804

TITLE OF BILL:
An act
to amend the penal law, in relation to making unreasonable noise

PURPOSE:
This legislation would overturn existing judicial precedents that
provide that to sustain a charge of unreasonable noise, there must be
at least three (3) complaining witnesses.

SUMMARY OF PROVISIONS:
This legislation amends subdivision 2 of Section 240.20 of the Penal
Law by providing that a charge of unreasonable noise may be sustained
with only one (1) complainant.

JUSTIFICATION:
A key element of local government efforts to protect the peace and
good order of their communities is the enforcement of noise
ordinances. Under existing law, state courts have rules that no
charge of unreasonable noise may be sustained unless there are at
least three (3) complaining witnesses. The magic number of three has
been determined by the courts to be necessary for a disturbance to be
"public" and therefore prosecutable under the law.

Unreasonable noise is unreasonable noise, whether it adversely impacts
one person or one hundred. Further, objective standards exist in the
form of decibel standards to determine whether noise is unreasonable.
Given these objective standards, the number of people complaining
should be irrelevant.

This legislation would correct the mistake of these court decisions by
clearly stating that one complainant of unreasonable noise is
sufficient to sustain a charge under the penal law when unreasonable
noise is involved.

LEGISLATIVE HISTORY:
2009-10: S.231
2007-08: S.135
2005-06: S.586
2003-04: S.840
2001-02: S.6639

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1st next succeeding the date after it shall have become a law.

S804-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 804                                                    A. 531
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Codes
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
 to the Committee on Codes
 

AN ACT to amend the penal law, in relation to making unreasonable noise
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 2 of section 240.20 of the penal law is amended
 to read as follows:

 2.  He  makes  unreasonable  noise  WHICH IS DISTURBING TO ONE OR MORE
 PERSONS; or
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03721-01-1

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