Bill Text: NY A02315 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02315 Detail]
Download: New_York-2021-A02315-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2315 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. SIMON, HEVESI -- Multi-Sponsored by -- M. of A. BRONSON, COOK, ENGLEBRIGHT, GLICK, LAVINE, MONTESANO, REYES, RICHARD- SON, L. ROSENTHAL, SEAWRIGHT, WILLIAMS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to re-defining physically helpless The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 130.00 of the penal law is 2 amended to read as follows: 3 7. "Physically helpless" means that a person is unconscious or for any 4 other reason is physically unable to communicate [unwillingness] affir- 5 mative consent to an act. Such affirmative consent is a knowing, volun- 6 tary, and mutual decision among all participants to engage in sexual 7 activity. Consent can be given by words or actions, as long as those 8 words or actions create clear permission regarding willingness to engage 9 in the sexual activity. 10 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01066-01-1
