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Assembly Bill A629B

2021-2022 Legislative Session

Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2021-A629 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8928
2023-2024: A1775
2025-2026: A1651

2021-A629 - Summary

Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle.

2021-A629 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    629
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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.
                                                            LBD00362-01-1

co-Sponsors

2021-A629A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8928
2023-2024: A1775
2025-2026: A1651

2021-A629A - Summary

Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle.

2021-A629A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  629--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, GRIFFIN -- read once and referred
   to the Committee on Codes -- recommitted to the Committee on Codes  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the penal law, in relation to the ability of a fare-pay-
   ing  passenger  in a vehicle for hire and the operator of such vehicle
   to consent to sexual activity inside 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 two new paragraphs (k) and (1) are 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; OR
   (1) AN OPERATOR OF A VEHICLE FOR HIRE WHO HAS ALLOWED A  PASSENGER  TO
 ENTER  THE VEHICLE, IN ANTICIPATION OF A FARE BEING PAID OR AFTER A FARE
 HAS  BEEN  PAID,  FOR  TRANSPORTATION, WHILE THE OPERATOR IS INSIDE SUCH
 VEHICLE FOR HIRE, AND THE ACTOR IS A PASSENGER IN 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.

co-Sponsors

2021-A629B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8928
2023-2024: A1775
2025-2026: A1651

2021-A629B (ACTIVE) - Summary

Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle.

2021-A629B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  629--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, GRIFFIN -- read once and referred
   to the Committee on Codes -- recommitted to the Committee on Codes  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to the ability of a fare-pay-
   ing passenger in a transportation  network  company  vehicle  and  the
   driver  of such vehicle to consent to sexual activity inside the vehi-
   cle
 
   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 two new paragraphs (k) and (1) are 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 TRANSPORTATION NETWORK COMPANY VEHICLE,
 AS DEFINED IN SECTION SIXTEEN HUNDRED  NINETY-ONE  OF  THE  VEHICLE  AND
 TRAFFIC  LAW,  IN  ANTICIPATION OF A FARE BEING PAID OR AFTER A FARE HAS
 BEEN PAID, FOR TRANSPORTATION, IS  INSIDE  SAID  TRANSPORTATION  NETWORK
 COMPANY VEHICLE, AND THE ACTOR IS THE DRIVER OF SUCH VEHICLE; OR
   (L)  A  DRIVER OF A TRANSPORTATION NETWORK COMPANY VEHICLE, AS DEFINED
 IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE  AND  TRAFFIC  LAW,
 WHO  HAS  ALLOWED A PASSENGER TO ENTER THE VEHICLE, IN ANTICIPATION OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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