assembly Bill A1408

2019-2020 Legislative Session

Relates to re-defining the term physically helpless

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 15, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

A1408 (ACTIVE) - Details

See Senate Version of this Bill:
S2171
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8898, S8008
2021-2022: A2315, S2115

A1408 (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.

A1408 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1408

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M.  of  A.  SIMON,  L. ROSENTHAL,  D'URSO, M. G. MILLER,
  LAVINE, ENGLEBRIGHT,  GLICK,  MOSLEY,  SEAWRIGHT,  CROUCH,  MONTESANO,
  LAWRENCE,  RICHARDSON, COOK, BRONSON -- Multi-Sponsored by -- M. of A.
  HEVESI -- read once and referred 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.
                                                           LBD01806-01-9