NY State Senate Bill 2021-S5733A

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

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Actions

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	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

Bill Amendments

Original

A (Active)

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 - Summary

Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.

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.

 
JUSTIFICATION:

The New York Penal Code only defines consent in the absence. While this
is consistent with the model penal code, framing sexual assault as
simply "nonconsensual" leaves an immense grey area for interpretation
that can often be abused.

This confusion plays out in sexual assault cases. In the Harvey Wein-
stein case, the issue of consent was one of the key questions facing the
jury in the charges brought and a significant source of frustration.
Jurors had to understand the complexity of consent and the specific
nuances of sexual assault without a solid definition or example to
reference. For instance, they had to be able to differentiate that some
survivors may have consented to some sexual encounters with Weinstein,
including instances after they were assaulted by him, all while differ-
entiating that in other instances they did not consent. However, when
they asked the judge for clarification about what consent meant, he
could only provide the current definition in statute which is the lack
of consent.

We must foster a culture in which consent is clearly understood as a
knowing, voluntary, and mutual decision among all participants.  Clearly
defining consent can help allow us to afford justice to victims, rather
than scrutiny.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD02993-02-1

co-Sponsors

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) - Summary

Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.

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.

 
JUSTIFICATION:

The New York Penal Code only defines consent in the absence. While this
is consistent with the model penal code, framing sexual assault as
simply "nonconsensual" leaves an immense grey area for interpretation
that can often be abused.

This confusion plays out in sexual assault cases. In the Harvey Wein-
stein case, the issue of consent was one of the key questions facing the
jury in the charges brought and a significant source of frustration.
Jurors had to understand the complexity of consent and the specific
nuances of sexual assault without a solid definition or example to
reference. For instance, they had to be able to differentiate that some
survivors may have consented to some sexual encounters with Weinstein,
including instances after they were assaulted by him, all while differ-
entiating that in other instances they did not consent. However, when
they asked the judge for clarification about what consent meant, he
could only provide the current definition in statute which is the lack
of consent.

We must foster a culture in which consent is clearly understood as a
knowing, voluntary, and mutual decision among all participants.  Clear-
ly' defining consent can help allow us to afford justice to victims,
rather than scrutiny.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

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.

                                                            LBD02993-03-1

 S. 5733--A                          2
 
 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.

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Senate Bill S5733A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S5733 - Details

2021-S5733 - Summary

2021-S5733 - Sponsor Memo

2021-S5733 - Bill Text download pdf

co-Sponsors

2021-S5733A (ACTIVE) - Details

2021-S5733A (ACTIVE) - Summary

2021-S5733A (ACTIVE) - Sponsor Memo

2021-S5733A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5733A

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S5733 - Details

2021-S5733 - Summary

2021-S5733 - Sponsor Memo

2021-S5733 - Bill Text download pdf

co-Sponsors

Andrew Gounardes

2021-S5733A (ACTIVE) - Details

2021-S5733A (ACTIVE) - Summary

2021-S5733A (ACTIVE) - Sponsor Memo

2021-S5733A (ACTIVE) - Bill Text download pdf

Comments