What's happening
This bill amends the penal law to state that individuals with developmental disabilities in certain care settings cannot legally consent to sex with facility staff.
Why it matters
Expands protections for people with developmental disabilities. by recognizing that they cannot legally consent to sex with staff, contractors, or volunteers in the facilities or programs where they receive services, regardless of any perceived willingness.
Closes potential legal loopholes. that may have allowed facility staff to claim consent as a defense in cases of sexual activity with individuals under their care, strengthening the ability to prosecute abuse.
Aligns legal standards for sexual consent. with those already in place for other vulnerable populations (such as people in police custody), highlighting the unique risks faced by people with developmental disabilities in institutional settings.
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Who cares
People with developmental disabilities receiving OPWDD-linked services
The bill would deem them incapable of consenting to sexual activity with an unmarried-to-them employee, intern, consultant, contractor or volunteer of the program or facility where they receive services.
Staff, contractors and volunteers at covered programs and facilities
The bill would make a service recipient’s consent legally unavailable when the worker is not married to that recipient.
Providers operating OPWDD-linked programs and facilities
The bill would apply to programs and facilities operated, certified or authorized by the Office for People With Developmental Disabilities, or funded through its contracts.
Prosecutors and defense attorneys
The bill would add this service-recipient relationship to the Penal Law’s circumstances in which a person is deemed incapable of consent.
Headline styles
Protect Disabled From Exploitation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2053
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to disqualification of employment for certain criminal history information and deeming an individual with a developmental disability is incapable of giving consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the penal law, as added by section 1 of part JJ of chapter 55 of the laws of 2018, is amended and a new paragraph (k) is added to read as follows:
(j) detained or otherwise in the custody of a police officer, peace officer, or other law enforcement official and the actor is a police officer, peace officer or other law enforcement official who either: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, such person was detained or in custody[.]; or
(k) an individual with a developmental disability receiving services from a program or facility operated, certified or authorized by, or funded through, contract by the office for people with developmental disabilities where the actor is not married to such individual and is an employee, intern, consultant, contractor or volunteer of such program or facility where the individual receives services.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00726-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.