Senate Bill S2115

2021-2022 Legislative Session

Re-defines the term physically helpless

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S2115 (ACTIVE) - Details

See Assembly Version of this Bill:
A2315
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8008, A8898
2019-2020: S2171, A1408
2023-2024: S1092
2025-2026: S866

2021-S2115 (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.

2021-S2115 (ACTIVE) - Sponsor Memo

2021-S2115 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2115
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, BIAGGI, HOYLMAN, KRUEGER,
   PARKER,  PERSAUD,  SAVINO,  SERRANO -- 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.
                                                            LBD01066-01-1

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