New York S 54: Relates to defining the term kinship caregiver

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S00054 Summary:

BILL NOS00054A

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSRADDABBO, BORRELLO, CANZONERI-FITZPATRICK, CHAN, GALLIVAN, GONZALEZ, GOUNARDES, HELMING,
 HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINS, MATTERA, MURRAY, MYRIE, OBERACKER, PALUMBO, RAMOS,
 RHOADS, ROLISON, RYAN C, SEPULVEDA, SERRANO, WEBB, WEBER, ZELLNER

&nbsp

MLTSPNSR

&nbsp

Amd §130.05, Pen L

&nbsp

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.

Go to top S00054 Actions:

BILL NOS00054A

&nbsp

01/08/2025REFERRED TO CODES

03/10/20251ST REPORT CAL.499

03/11/20252ND REPORT CAL.

03/12/2025ADVANCED TO THIRD READING 

05/13/2025PASSED SENATE

05/13/2025DELIVERED TO ASSEMBLY

05/13/2025referred to codes

06/09/2025RECALLED FROM ASSEMBLY

06/09/2025returned to senate

06/09/2025VOTE RECONSIDERED - RESTORED TO THIRD READING

06/09/2025AMENDED ON THIRD READING (T) 54A

06/12/2025REPASSED SENATE

06/12/2025RETURNED TO ASSEMBLY

06/12/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

01/28/20261ST REPORT CAL.199

01/29/20262ND REPORT CAL.

02/03/2026ADVANCED TO THIRD READING 

04/28/2026PASSED SENATE

04/28/2026DELIVERED TO ASSEMBLY

04/28/2026referred to codes

Go to topS00054 Committee&nbspVotes:

Go to topS00054 Floor&nbspVotes:

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

Go to topS00054 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 54--A
 Cal. No. 499

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, CANZONERI-FITZPATRICK,
 GOUNARDES, HELMING, HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINS, MURRAY,
 OBERACKER, PALUMBO, RAMOS, RHOADS, ROLISON, C. RYAN, SEPULVEDA, SERRA-
 NO, WEBB, WEBER -- read twice and ordered printed, and when printed to
 be committed to the Committee on Codes -- reported favorably from said
 committee, ordered to first and second report, ordered to a third
 reading, passed by Senate and delivered to the Assembly, recalled,
 vote reconsidered, restored to third reading, amended and ordered
 reprinted, retaining its place in the order of third reading

 AN ACT to amend the penal law, in relation to prohibiting the use of the
 intoxication of a victim as a defense to a criminal charge for sex
 crimes

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

 1 Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the
 2 penal law, as amended by chapter 23 of the laws of 2024, is amended and
 3 a new paragraph (e) is added to read as follows:
 4 (d) Where the offense charged is sexual misconduct as defined in
 5 subdivisions one, two and three of section 130.20, rape in the third
 6 degree as defined in subdivision seven, eight or nine of section 130.25,
 7 or a crime formerly defined in subdivision three of section 130.40 of
 8 this article, in addition to forcible compulsion, circumstances under
 9 which, at the time of the act of vaginal sexual contact, oral sexual
 10 contact or anal sexual contact, the victim clearly expressed that [he or
 11 she] such victim did not consent to engage in such act, and a reasonable
 12 person in the actor's situation would have understood such person's
 13 words and acts as an expression of lack of consent to such act under all
 14 the circumstances[.];
 15 (e) Where the offense charged is sexual misconduct as defined in
 16 subdivisions one, two and three of section 130.20, rape in the third

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00357-03-5

 S. 54--A 2

 1 degree as defined in subdivisions seven, eight or nine of section
 2 130.25, or a crime formerly defined in subdivision three of section
 3 130.40 of this article, in addition to forcible compulsion, circum-
 4 stances under which, at the time of the act of vaginal sexual contact,
 5 oral sexual contact or anal sexual contact, the victim was clearly under
 6 the influence of any drug, intoxicant, or oth