Bill Text: NY S02115 | 2021-2022 | 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: Strong Partisan Bill (Democrat 12-1)
Status: (Engrossed - Dead) 2022-04-26 - referred to codes [S02115 Detail]
Download: New_York-2021-S02115-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2115 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, BIAGGI, HOYLMAN, KRUEGER, PARKER, PERSAUD, SAVINO, 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. LBD01066-01-1
