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Assembly Bill A1775

2023-2024 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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2023-A1775 (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
2021-2022: A629
2025-2026: A1651

2023-A1775 (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.

2023-A1775 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1775
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 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 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
 FARE BEING PAID OR AFTER A FARE HAS BEEN PAID, FOR TRANSPORTATION, WHILE
 THE DRIVER IS INSIDE SUCH TRANSPORTATION NETWORK  COMPANY  VEHICLE,  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.
                                                            LBD06676-01-3

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