Senate Bill S1092

2023-2024 Legislative Session

Re-defines the term physically helpless

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-S1092 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8008
2019-2020: S2171
2021-2022: S2115

2023-S1092 (ACTIVE) - Summary

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.

2023-S1092 (ACTIVE) - Sponsor Memo

2023-S1092 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1092
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.    Subdivision  7  of  section  130.00 of the penal law is
 amended to read as follows:
   7. "Physically helpless" means that a person is unconscious or for any
 other reason is physically unable to communicate [unwillingness]  AFFIR-
 MATIVE  CONSENT to an act. SUCH AFFIRMATIVE CONSENT IS A KNOWING, VOLUN-
 TARY, AND MUTUAL DECISION AMONG ALL PARTICIPANTS  TO  ENGAGE  IN  SEXUAL
 ACTIVITY.  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.
   § 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

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