BILL NUMBER: S5281
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
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
 
PURPOSE::
To ensure that a law enforcement officer is prohibited from engaging in
sexual intercourse with an individual who the officer knows or reason-
ably should know has a pending criminal case.
 
SUMMARY OF PROVISIONS::
Section 1 amends Penal Law section 130.05 section 1 to add new paragraph
1.
Section two sets forth the effective date.
 
JUSTIFICATION::
The current law already considers a person in police custody to be inca-
pable of consent; however, that law does not include individuals who are
not in custody but who have open criminal cases pending. A law enforce-
ment officer engaging in a sexual relationship with someone whose fate
in the criminal justice system depends significantly on that officer's
good graces is abusing power and violating the public trust. Law
enforcement are employed to protect and serve, not coerce or exploit
individuals. This legislation seeks to close that loophole and adds a
new section to the penal law to indicate that any individual who the law
enforcement officer knows or reasonably should know has a pending crimi-
nal case is incapable of consenting to sexual intercourse with said
officer.
 
LEGISLATIVE HISTORY::
S.4348 of 2023-2024; Referred to Codes;
S. 6790 of 2021-22: New Bill, Referred to Codes
 
FISCAL IMPLICATIONS::
N/A
 
LOCAL FISCAL IMPLICATIONS::
N/A
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S5281: 130.05 penal law, 130.05(3) penal law