senate Bill S2153A

2021-2022 Legislative Session

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances

download bill text pdf

Sponsored By

Current 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2022 print number 2153a
May 18, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jun 10, 2021 committed to rules
Feb 10, 2021 advanced to third reading
Feb 09, 2021 2nd report cal.
Feb 08, 2021 1st report cal.309
Jan 20, 2021 referred to codes

Votes

view votes

Feb 8, 2021 - Codes committee Vote

S2153
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 8, 2021

nay (1)
aye wr (3)

Co-Sponsors

S2153 - Details

See Assembly Version of this Bill:
A4484
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S8582, A10720

S2153 - Summary

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances.

S2153 - Sponsor Memo

S2153 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2153
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 establishing incapacity to
   consent when a person is a witness to or subject of  an  investigation
   under certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 3 of  section  130.05
 of the penal law, paragraph (i) as amended and paragraph (j) as added by
 section  1 of part JJ of chapter 55 of the laws of 2018, are amended and
 a new paragraph (k) is added to read as follows:
   (i) a resident  or  inpatient  of  a  residential  facility  operated,
 licensed  or  certified  by  (i)  the  office of mental health; (ii) the
 office for people with developmental disabilities; or (iii)  the  office
 of [alcoholism and substance abuse] ADDICTION services AND SUPPORTS, and
 the actor is an employee of the facility not married to such resident or
 inpatient.  For  purposes of this paragraph, "employee" means either: an
 employee of the agency operating the residential facility, who knows  or
 reasonably  should  know  that such person is a resident or inpatient of
 such facility and who provides direct  care  services,  case  management
 services,  medical  or other clinical services, habilitative services or
 direct supervision of the residents in the facility in which  the  resi-
 dent resides; or an officer or other employee, consultant, contractor or
 volunteer  of  the  residential facility, who knows or reasonably should
 know that the person is a resident of such facility and who is in direct
 contact with  residents  or  inpatients;  provided,  however,  that  the
 provisions  of this paragraph shall only apply to a consultant, contrac-
 tor or volunteer providing services pursuant to a  contractual  arrange-
 ment  with the agency operating the residential facility or, in the case
 of a volunteer, a written agreement with such  facility,  provided  that
 the  person  received  written  notice concerning the provisions of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S2153A (ACTIVE) - Details

See Assembly Version of this Bill:
A4484
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S8582, A10720

S2153A (ACTIVE) - Summary

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances.

S2153A (ACTIVE) - Sponsor Memo

S2153A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2153--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by Sens. MAY, BIAGGI, RAMOS -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Codes  --
   recommitted  to  the Committee on Codes in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN ACT to amend the penal law, in relation to establishing incapacity to
   consent  when  a person is a witness to or subject of an investigation
   under certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (i) and (j) of subdivision 3 of section 130.05
 of the penal law, paragraph (i) as amended and paragraph (j) as added by
 section 1 of part JJ of chapter 55 of the laws of 2018, are amended  and
 a new paragraph (k) is added to read as follows:
   (i)  a  resident  or  inpatient  of  a  residential facility operated,
 licensed or certified by (i) the  office  of  mental  health;  (ii)  the
 office  for  people with developmental disabilities; or (iii) the office
 of [alcoholism and substance abuse] ADDICTION services AND SUPPORTS, and
 the actor is an employee of the facility not married to such resident or
 inpatient. For purposes of this paragraph, "employee" means  either:  an
 employee  of the agency operating the residential facility, who knows or
 reasonably should know that such person is a resident  or  inpatient  of
 such  facility  and  who  provides direct care services, case management
 services, medical or other clinical services, habilitative  services  or
 direct  supervision  of the residents in the facility in which the resi-
 dent resides; or an officer or other employee, consultant, contractor or
 volunteer of the residential facility, who knows  or  reasonably  should
 know that the person is a resident of such facility and who is in direct
 contact  with  residents  or  inpatients;  provided,  however,  that the
 provisions of this paragraph shall only apply to a consultant,  contrac-
 tor  or  volunteer providing services pursuant to a contractual arrange-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04793-02-2

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