Bill Text: NY S01092 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 1092

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: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed) 2024-04-15 - referred to codes [S01092 Detail]

Download: New_York-2023-S01092-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          1092

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced by Sens. BAILEY, ADDABBO, HELMING, HINCHEY, HOYLMAN, KRUEGER,
          PARKER, SERRANO -- 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.
                                                                   LBD03277-01-3