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S06790 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6790
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2021
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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 (k) 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    (k) 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.
                                                                   LBD03048-02-1
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