senate Bill S2171

2019-2020 Legislative Session

Relates to re-defining the term physically helpless

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jun 20, 2019 committed to rules
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.977
Jan 23, 2019 referred to codes

Votes

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May 29, 2019 - Codes committee Vote

S2171
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 29, 2019

Co-Sponsors

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S2171 (ACTIVE) - Details

See Assembly Version of this Bill:
A1408
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8008, A8898
2021-2022: S2115, A2315

S2171 (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.

S2171 (ACTIVE) - Sponsor Memo

S2171 (ACTIVE) - Bill Text download pdf


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

                                  2171

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 23, 2019
                               ___________

Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, HOYLMAN, KRUEGER, PARKER,
  SAVINO  --  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.
                                                           LBD01806-01-9

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