Bill > S05281

This bill amends the New York penal law to expand legal protections against sexual misconduct by law enforcement. Specifically, the bill adds a new provision that deems individuals facing pending criminal charges as legally incapable of providing sexual consent when the potential sexual partner is a police officer, peace officer, or other law enforcement agent who knows or reasonably should know about those pending charges. The only exception to this rule is if the law enforcement officer and the person facing charges are members of the same family or household, as defined by specific criteria in the criminal procedure law. By establishing this legal standard, the bill aims to prevent law enforcement officials from exploiting their position of power over individuals who are in a vulnerable legal situation, thereby addressing potential power imbalances and reducing opportunities for sexual coercion or abuse. The amendment becomes effective immediately upon enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5281