Bill Text: NY A01775 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01775 Detail]

Download: New_York-2023-A01775-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1775

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to the ability of a fare-pay-
          ing passenger in a transportation  network  company  vehicle  and  the
          driver  of such vehicle to consent to sexual activity inside the vehi-
          cle

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (j)  of subdivision 3 of section 130.05 of the
     2  penal law, as added by section 1 of part JJ of chapter 55 of the laws of
     3  2018, is amended and two new paragraphs (k) and (1) are added to read as
     4  follows:
     5    (j) detained or otherwise in the custody of a  police  officer,  peace
     6  officer,  or  other  law  enforcement official and the actor is a police
     7  officer, peace officer or other law enforcement official who either: (i)
     8  is detaining or maintaining custody of such person; or  (ii)  knows,  or
     9  reasonably should know, that at the time of the offense, such person was
    10  detained or in custody[.]; or
    11    (k)  a passenger who entered a transportation network company vehicle,
    12  as defined in section sixteen hundred  ninety-one  of  the  vehicle  and
    13  traffic  law,  in  anticipation of a fare being paid or after a fare has
    14  been paid, for transportation, is  inside  said  transportation  network
    15  company vehicle, and the actor is the driver of such vehicle; or
    16    (l)  a  driver of a transportation network company vehicle, as defined
    17  in section sixteen hundred ninety-one of the vehicle  and  traffic  law,
    18  who  has  allowed a passenger to enter the vehicle, in anticipation of a
    19  fare being paid or after a fare has been paid, for transportation, while
    20  the driver is inside such transportation network  company  vehicle,  and
    21  the actor is a passenger in such vehicle.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06676-01-3