Senate Bill S7089A

                                
 
BILL NUMBER: S7089A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the penal law, in relation to the ability of a fare-pay-
ing passenger in a vehicle for hire to consent to sexual activity inside
the vehicle with the operator of the vehicle

 
PURPOSE:

To protect riders in for-hire vehicles from sexual assault.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to (k) to subdivision 3 of section
130.05 of the Penal Law, to deem a fare-paying passenger in a vehicle
for-hire incapable of consenting to sexual activity inside the vehicle
with the operator of the vehicle.

Section 2 sets forth the effective date.
              

 
JUSTIFICATION:

With the proliferation of ride-share companies around New York State,
there are growing public safety concerns about passengers, specifically
intoxicated passengers, being sexually assaulted by their drivers.
According to a report released by Uber, there were 3,045 reported sexual
assaults during rides nationwide in 2018. New York State law must adapt
to ensure that passengers in for-hire vehicles are fully protected under
the law from sexual assault by their driver.

Well intentioned friends and family often call a car to take an intoxi-
cated person home safely. Unfortunately, they may be placing that person
in greater risk if a driver tries to take advantage of the vulnerable
passenger. In cases where a driver sexually assaults an intoxicated
passenger there are no eyewitnesses and the victim's memory is often
fuzzy, making it challenging for prosecutors to bring up charges.

In order to charge sexual assault of an intoxicated passenger, the
passenger must be deemed "physcially helpless." This standard requires
the individual to be functionally unconscious. Intoxicated individuals
who are "blacked out" -that is in a semi-conscious state, but not
recording memories of what is happening around them -- often do not meet
the physically helpless standard. In cases where a victim wakes up in a
for-hire vehicle while being sexually assaulted, drivers often claim
that the passenger was not unconscious, but simply does not remember
having consented. If the passenger's memory is compromised, prosecutors
are unable to disprove the assertion of the driver, and cannot pursue
the case.

This legislation would bar all sexual conduct between drivers and
passengers in for-hire vehicles, giving prosecutors a new avenue to
charge drivers who sexually assault intoxicated passengers. This
approach is consistent with numerous state laws designed to protect
vulnerable populations from exploitation. For instance, doctors cannot
have sex with a patient, nor can a police officer engage in sexual
activity with someone in their custody.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the thirtieth day after it shall have become a law.