New York S 5281: Relates to deeming individuals facing criminal charges as being incapable of consent when the actor is a law enforcement agent who knows or should know that such person is facing pending charges

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S05281 Summary:

BILL NOS05281 

&nbsp

SAME ASNo Same As

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SPONSORSEPULVEDA

&nbsp

COSPNSRFERNANDEZ

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MLTSPNSR

&nbsp

Amd §130.05, Pen L

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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.

Go to top S05281 Actions:

BILL NOS05281 

&nbsp

02/20/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05281 Committee&nbspVotes:

Go to topS05281 Floor&nbspVotes:

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

Go to topS05281 Text:

 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

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