BILL NUMBER: S866
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the penal law, in relation to re-defining physically
helpless
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the penal law in relation to redefining the definition of phys-
ical helplessness.
 
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the relevant provision of penal law section 130.00 to
define "physically helpless" as someone who is either unconscious or
unable to physically unable to communicate affirmative consent. The new
bill deletes "unwillingness" from the definition of "physically help-
less" and adds "affirmative consent," along with a definition of the new
term.
 
JUSTIFICATION:
The present statute is drafted as a double negative and seems to place
the burden on the victim to say "no". While that perspective may have
reflected the consensus of the community at that time, it does not
comport with it today. Over the past several years, concerns regarding
"date rape" and alleged underreporting of unwanted sexual contact on
college campuses and in the military have resulted in a changed perspec-
tive on the issue. In cases involving sexual assault with unconscious
individuals or others who are physically unable to communicate consent
by words or actions, the time is now to move from a "no means no" stand-
ard to only "yes means yes."
 
PRIOR LEGISLATIVE HISTORY:
2021-22: Passed Senate
2023-24: Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.