Bill Text: NY S02171 | 2019-2020 | 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: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02171 Detail]
Download: New_York-2019-S02171-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2171 2019-2020 Regular Sessions IN SENATE January 23, 2019 ___________ Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, HOYLMAN, KRUEGER, PARKER, SAVINO -- read twice and ordered printed, and when printed to be committed 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. LBD01806-01-9
