S T A T E   O F   N E W   Y O R K
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                                   54--A
     Cal. No. 499
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, CANZONERI-FITZPATRICK,
   GOUNARDES,  HELMING, HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINS, MURRAY,
   OBERACKER, PALUMBO, RAMOS, RHOADS, ROLISON, C. RYAN, SEPULVEDA, SERRA-
   NO, WEBB, WEBER -- read twice and ordered printed, and when printed to
   be committed to the Committee on Codes -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the penal law, in relation to prohibiting the use of the
   intoxication  of  a  victim  as a defense to a criminal charge for sex
   crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
 penal law, as amended by chapter 23 of the laws of 2024, is amended  and
 a new paragraph (e) is added to read as follows:
   (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  rape  in  the  third
 degree as defined in subdivision seven, eight or nine of section 130.25,
 or  a  crime  formerly defined in subdivision three of section 130.40 OF
 THIS ARTICLE, in addition to forcible  compulsion,  circumstances  under
 which,  at  the  time  of the act of vaginal sexual contact, oral sexual
 contact or anal sexual contact, the victim clearly expressed that [he or
 she] SUCH VICTIM did not consent to engage in such act, and a reasonable
 person in the actor's situation  would  have  understood  such  person's
 words and acts as an expression of lack of consent to such act under all
 the circumstances[.];
   (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  RAPE  IN  THE  THIRD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00357-03-5
 S. 54--A                            2
 
 DEGREE  AS  DEFINED  IN  SUBDIVISIONS  SEVEN,  EIGHT  OR NINE OF SECTION
 130.25, OR A CRIME FORMERLY DEFINED  IN  SUBDIVISION  THREE  OF  SECTION
 130.40  OF  THIS  ARTICLE,  IN  ADDITION TO FORCIBLE COMPULSION, CIRCUM-
 STANCES  UNDER  WHICH, AT THE TIME OF THE ACT OF VAGINAL SEXUAL CONTACT,
 ORAL SEXUAL CONTACT OR ANAL SEXUAL CONTACT, THE VICTIM WAS CLEARLY UNDER
 THE INFLUENCE OF ANY DRUG, INTOXICANT, OR  OTHER  SUBSTANCE  TO  SUCH  A
 DEGREE  WHICH RENDERED THE VICTIM INCAPABLE OF CONTROLLING SUCH VICTIM'S
 CONDUCT AND INCAPABLE OF CLEARLY EXPRESSING LACK  OF  CONSENT  AND  SUCH
 CONDITION  WAS KNOWN OR REASONABLY SHOULD HAVE BEEN KNOWN TO A PERSON IN
 THE ACTOR'S SITUATION.
   § 2. This act shall take effect immediately.