Bill Text: NY A08823 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to establishing incapacity to consent when a person is under arrest, detention or otherwise in actual custody.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Engrossed - Dead) 2018-02-05 - REFERRED TO CODES [A08823 Detail]

Download: New_York-2017-A08823-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8823
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    December 6, 2017
                                       ___________
        Introduced  by  M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER,
          MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS -- Multi-Sponsored by -- M.  of
          A. CROUCH -- read once and referred to the Committee on Codes
        AN  ACT  to  amend  the penal law, in relation to establishing a lack of
          consent for a person in custody to engage in  sexual  contact  with  a
          police officer or peace officer
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 130.05 of the penal law is amended
     2  by adding a new paragraph (j) to read as follows:
     3    (j) in custody or subject to police  activity  by  a  state  or  local
     4  police  or  peace  officer,  and such officer should reasonably know the
     5  person is under such custody or police activity. For  purposes  of  this
     6  paragraph,  "custody" shall have the same meaning as defined in subdivi-
     7  sion two of section two hundred five of this part; and "police activity"
     8  shall mean any activity by an officer acting under the color of law.
     9    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13726-01-7