Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
May 03, 2021 |
print number 5733a |
May 03, 2021 |
amend and recommit to codes |
Mar 17, 2021 |
referred to codes |
Senate Bill S5733A
2021-2022 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2021-S5733 - Details
- See Assembly Version of this Bill:
- A8085
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §130.05, Pen L
- Versions Introduced in 2023-2024 Legislative Session:
-
S4358, A7927
2021-S5733 - Sponsor Memo
BILL NUMBER: S5733 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the penal law, in relation to consent PURPOSE OR GENERAL IDEA OF BILL: To add an affirmative definition of consent to the penal code. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Penal Law to define consent to sexual contact as a knowing, voluntary, and mutual decision among all participants. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Section 2 sets forth the effective date.
2021-S5733 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5733 2021-2022 Regular Sessions I N S E N A T E March 17, 2021 ___________ Introduced by Sen. BIAGGI -- 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 consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 130.05 of the penal law, as amended by chapter 1 of the laws of 2000, paragraph (c) as amended by chapter 264 of the laws of 2003 and paragraph (d) as amended by chapter 40 of the laws of 2004, is amended to read as follows: 2. (A) CONSENT TO SEXUAL CONTACT IS A KNOWING, VOLUNTARY, AND MUTUAL DECISION AMONG ALL PARTICIPANTS. CONSENT CAN BE GIVEN BY WORDS OR ACTIONS, AS LONG AS THOSE WORDS OR ACTIONS CREATE CLEAR PERMISSION REGARDING WILLINGNESS TO ENGAGE IN THE SEXUAL ACTIVITY. (B) Lack of consent results from: [(a)] (I) Forcible compulsion; or [(b)] (II) Incapacity to consent, REGARDLESS OF WHETHER THE VICTIM'S OWN ACTIONS RENDERED HIM OR HER INCAPABLE OF CONSENT; or [(c)] (III) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or inca- pacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or [(d)] (IV) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances. § 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(D) 26th Senate District
2021-S5733A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8085
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §130.05, Pen L
- Versions Introduced in 2023-2024 Legislative Session:
-
S4358, A7927
2021-S5733A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5733A SPONSOR: BIAGGI TITLE OF BILL: An act to amend the penal law, in relation to consent PURPOSE OR GENERAL IDEA OF BILL: To add an affirmative definition of consent to the penal code. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Penal Law to define consent to sexual contact as a knowing, voluntary, and mutual decision among all participants. Consent can be given by words or actions, as long as those words or actions create clear ongoing permission regarding willingness to engage in the sexual activity. Section 2 sets forth the effective date.
2021-S5733A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5733--A 2021-2022 Regular Sessions I N S E N A T E March 17, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 130.05 of the penal law, as amended by chapter 1 of the laws of 2000, paragraph (c) as amended by chapter 264 of the laws of 2003 and paragraph (d) as amended by chapter 40 of the laws of 2004, is amended to read as follows: 2. (A) CONSENT TO SEXUAL CONTACT IS A KNOWING, VOLUNTARY, AND MUTUAL DECISION AMONG ALL PARTICIPANTS. CONSENT CAN BE GIVEN BY WORDS OR ACTIONS, AS LONG AS THOSE WORDS OR ACTIONS CREATE CLEAR ONGOING PERMIS- SION REGARDING WILLINGNESS TO ENGAGE IN THE SEXUAL ACTIVITY. (B) Lack of consent results from: [(a)] (I) Forcible compulsion, DURESS, COERCION, OR VERBAL WITHDRAWAL OF PREVIOUSLY GRANTED CONSENT; or [(b)] (II) Incapacity to consent, REGARDLESS OF WHETHER THE VICTIM'S OWN ACTIONS RENDERED HIM OR HER INCAPABLE OF CONSENT; or [(c)] (III) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or inca- pacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or [(d)] (IV) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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