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.
STATE OF NEW YORK
________________________________________________________________________
5281
2025-2026 Regular Sessions
IN SENATE
February 20, 2025
___________
Introduced by Sens. SEPULVEDA, FERNANDEZ -- 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 deeming persons incapable
of consent when such persons are facing pending criminal charges and
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the
2 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
3 2018, is amended and a new paragraph (l) is added to read as follows:
4 (j) detained or otherwise in the custody of a police officer, peace
5 officer, or other law enforcement official and the actor is a police
6 officer, peace officer or other law enforcement official who either: (i)
7 is detaining or maintaining custody of such person; or (ii) knows, or
8 reasonably should know, that at the time of the offense, such person was
9 detained or in custody[.]; or
10 (l) facing pending criminal charges and the actor is a police officer,
11 peace officer or other law enforcement agent who knows or reasonably
12 should know that such person is facing pending charges unless such
13 person is a member of the same family or household as defined in para-
14 graphs (b), (c) and (d) of subdivision one of section 530.11 of the
15 criminal procedure law as such police officer, peace officer or other
16 law enforcement agent.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09898-01-5
