New York A 5399: Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances

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A05399 Summary:

BILL NOA05399 

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SAME ASSAME AS S04404

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SPONSORHunter

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COSPNSREpstein, Jackson, Stirpe, Hevesi, Rosenthal, Taylor, Reyes, Steck, Cunningham, Dinowitz, Simon,
 Shimsky, McMahon, Seawright

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MLTSPNSR

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Amd §§130.05 & 130.10, Pen L

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Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances.

Go to top A05399 Actions:

BILL NOA05399 

&nbsp

02/13/2025referred to codes

01/07/2026referred to codes

Go to topA05399 Committee&nbspVotes:

Go to topA05399 Floor&nbspVotes:

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

Go to topA05399 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5399

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. HUNTER, EPSTEIN, JACKSON, STIRPE -- read once and
 referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing incapacity to
 consent when a person is a witness to or subject of an investigation
 under certain circumstances

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

 1 Section 1. Paragraphs (j) and (k) of subdivision 3 of section 130.05
 2 of the penal law, paragraph (j) as added by section 1 of part JJ of
 3 chapter 55 of the laws of 2018, and paragraph (k) as added by chapter
 4 503 of the laws of 2024, are amended and a new paragraph (l) is added to
 5 read as follows:
 6 (j) detained or otherwise in the custody of a police officer, peace
 7 officer, or other law enforcement official and the actor is a police
 8 officer, peace officer or other law enforcement official who either: (i)
 9 is detaining or maintaining custody of such person; or (ii) knows, or
 10 reasonably should know, that at the time of the offense, such person was
 11 detained or in custody[.]; or
 12 (k) under the supervision of a local probation department, pursuant to
 13 section two hundred seventy-two of the correction law, or another local
 14 department or agency which fulfills a similar function and the actor is
 15 an employee who knows or reasonably should know that such person is
 16 committed to the supervision of a local probation department. For
 17 purposes of this paragraph, "employee" means an employee of such local
 18 probation department or agency who, as part of his or her employment,
 19 supervises the victim at the time of the offense or has supervised the
 20 victim and the victim is still under supervision of a local probation
 21 department or agency at the time of the offense[.]; or
 22 (l) a witness to or victim of an incident under investigation by a
 23 police officer, peace officer or other law enforcement official, or a
 24 suspect or person of interest in such an investigation, and the actor is

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08589-01-5

 A. 5399 2

 1 a police officer, peace officer or other law enforcement official who
 2 either: (i) is participating in the investigation of such incident; or
 3 (ii) knows, or reasonably should know, that at the time of the offense,
 4 such person was a witness, victim, suspect, or person of interest in
 5 such investigation. Notwithstanding the provisions of this paragraph, a
 6 witness to, victim, suspect, or person of interest in an incident under
 7 investigation by a police officer, peace officer, or other law enforce-
 8 ment official shall not be deemed incapable of consent where the actor
 9 and such witness, victim, suspect, or person of interest had engaged in
 10 a sexual relationship prior to the commencement of such investigation.
 11 § 2. Subdivision 4 of section 130.10 of the penal law, as amended by
 12 section 2 of part JJ of chapter 55 of the laws of 2018, is amended to
 13 read as follows:
 14 4. In any prosecution under this article in which the victim's lack of
 15 consent is based solely on [his or her] their incapacity to consent
 16 because [he or she] such victim was less than seventeen years old,
 17 mentally disabled, a client or patient and the actor is a health care
 18 provider, detained or otherwise in custody of law enforcement under the
 19 circumstances