New York 2025-2026 Regular Session

New York Senate Bill S05281

Introduced
2/20/25  
Refer
2/20/25  

Caption

Deems individuals facing criminal charges as being incapable of consent when 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 unless such person is a member of the same family or household as such police officer, peace officer or other law enforcement agent.

Summary

Bill S05281 seeks to amend the New York Penal Law by establishing that individuals facing pending criminal charges are deemed incapable of consent when interacting with law enforcement officers who are aware of those charges. This provision specifically applies to police officers, peace officers, or other law enforcement agents who either detain or maintain custody of such individuals or have knowledge of their pending charges. The bill aims to protect vulnerable individuals from potential exploitation by law enforcement personnel in situations where consent is a critical factor.

Impact

If enacted, this bill would significantly alter the legal landscape surrounding consent in interactions between law enforcement and individuals facing criminal charges. It would create a clear legal standard that individuals in such situations cannot give valid consent, thereby potentially impacting how law enforcement conducts investigations and interactions with suspects. This change could lead to increased scrutiny of law enforcement practices and may require additional training for officers regarding consent and interactions with individuals in custody or facing charges.

Sentiment

The sentiment surrounding Bill S05281 appears to be cautiously supportive among advocates for criminal justice reform, who view it as a necessary step to protect individuals from potential abuses of power by law enforcement. However, there may be concerns from law enforcement agencies regarding the implications this bill could have on their operations and the challenges it may pose in terms of enforcing the law while ensuring the rights of individuals are respected.

Contention

Notable points of contention include the potential impact on law enforcement's ability to effectively engage with individuals who may be involved in criminal activities. Some law enforcement representatives may argue that this bill could hinder their ability to obtain necessary information or cooperation from suspects. Conversely, advocates for the bill stress the importance of protecting individuals from coercive situations, particularly those who may be vulnerable due to their legal status.

Companion Bills

No companion bills found.

Previously Filed As

NY A00294

Provides that a person is guilty of aggravated assault upon a police officer or peace officer when, with intent to cause physical injury to another person whom such person knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing such police officer or peace officer's official duties and when aided by two or more other persons actually present at an assembly in a public place, as such term is defined in subdivision one of section 240.00 of this part, such person causes physical injury to such police officer or peace officer.

NY A01562

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

NY S02522

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

NY S03461

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who they know or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

NY A05500

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who they know or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

NY S0156

Criminal Offenses Against Law Enforcement Officers and Other Personnel

NY A08994

Requires police and peace officers receive a lawful order before assisting with immigration enforcement; requires federal agents identify themselves at the request of public officers, police officers or peace officers; establishes penalties for federal agents who fail to identify themselves.

NY H0017

Criminal Offenses Against Law Enforcement Officers and Other Personnel

NY S01403

Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.

NY A02174

Establishes the crime of doxing a police officer or a peace officer when a person knowingly makes restricted personal information about a police officer or peace officer, or a member of the immediate family of such officer, publicly available with the intent to threaten, intimidate, or incite the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer; or with the intent and knowledge that the restricted personal information is likely to be used to threaten, intimidate, or facilitate the commission of a crime of violence against the police officer or peace officer, or a member of the immediate family of such officer.

Similar Bills

No similar bills found.