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NY S05281

Bill

Status

Introduced

2/20/2025

Primary Sponsor

Luis Sepulveda

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Amends the penal law to expand the definition of persons incapable of consent for sexual offenses to include individuals facing pending criminal charges when the other party is a law enforcement officer

  • Applies when a police officer, peace officer, or other law enforcement agent knows or reasonably should know that the person is facing pending criminal charges

  • Creates an exception for situations where the person facing charges is a member of the same family or household as the law enforcement officer, as defined in the criminal procedure law

  • Builds on existing law that already deems detained or in-custody individuals incapable of consent when the other party is a law enforcement official

  • Takes effect immediately upon passage

Legislative Description

Deems individuals facing criminal charges as being incapable of consent when the actor is a police officer, peace officer or other law enforcement agent who knows or reasonably should know that such person is facing pending charges unless such person is a member of the same family or household as such police officer, peace officer or other law enforcement agent.

Last Action

REFERRED TO CODES

1/7/2026

Committee Referrals

Codes2/20/2025

Full Bill Text

No bill text available