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) 2019-06-20 - COMMITTED TO RULES [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
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