S T A T E O F N E W Y O R K
________________________________________________________________________
8928
2019-2020 Regular Sessions
I N A S S E M B L Y
December 30, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the
penal law, as added by section 1 of part JJ of chapter 55 of the laws of
2018, is amended and a new paragraph (k) is added to read as follows:
(j) detained or otherwise in the custody of a police officer, peace
officer, or other law enforcement official and the actor is a police
officer, peace officer or other law enforcement official who either: (i)
is detaining or maintaining custody of such person; or (ii) knows, or
reasonably should know, that at the time of the offense, such person was
detained or in custody[.]; OR
(K) A PASSENGER WHO ENTERED A VEHICLE FOR HIRE, IN ANTICIPATION OF A
FARE BEING PAID OR AFTER A FARE HAS BEEN PAID, FOR TRANSPORTATION, IS
INSIDE SAID VEHICLE FOR HIRE, AND THE ACTOR IS THE OPERATOR OF SUCH
VEHICLE.
§ 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.
LBD14360-01-9