New York S 866: Re-defines the term physically helpless

Bill Text

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S00866 Summary:

BILL NOS00866 

&nbsp

SAME ASNo Same As

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SPONSORBAILEY

&nbsp

COSPNSRADDABBO, HELMING, HINCHEY, HOYLMAN-SIGAL, KRUEGER, MURRAY, PARKER, ROLISON, SERRANO, WEBB

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MLTSPNSR

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Amd §130.00, Pen L

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Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.

Go to top S00866 Actions:

BILL NOS00866 

&nbsp

01/08/2025REFERRED TO CODES

02/24/20251ST REPORT CAL.359

02/25/20252ND REPORT CAL.

02/26/2025ADVANCED TO THIRD READING 

03/27/2025PASSED SENATE

03/27/2025DELIVERED TO ASSEMBLY

03/27/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

01/28/20261ST REPORT CAL.203

01/29/20262ND REPORT CAL.

02/03/2026ADVANCED TO THIRD READING 

02/05/2026PASSED SENATE

02/05/2026DELIVERED TO ASSEMBLY

02/05/2026referred to codes

Go to topS00866 Committee&nbspVotes:

Go to topS00866 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00866 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 866

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BAILEY, ADDABBO, HELMING, HINCHEY, HOYLMAN-SIGAL,
 KRUEGER, PARKER, ROLISON, SERRANO, WEBB -- 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 re-defining physically
 helpless

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 7 of section 130.00 of the penal law is
 2 amended to read as follows:
 3 7. "Physically helpless" means that a person is unconscious or for any
 4 other reason is physically unable to communicate [unwillingness] affir-
 5 mative consent to an act. Such affirmative consent is a knowing, volun-
 6 tary, and mutual decision among all participants to engage in sexual
 7 activity. Consent can be given by words or actions, as long as those
 8 words or actions create clear permission regarding willingness to engage
 9 in the sexual activity.
 10 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02023-01-5

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