A 1651: Relates to the ability of a fare-paying passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside such vehicle.

  
  STATE OF NEW YORK ________________________________________________________________________ 1651 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the ability of a fare-pay- ing passenger in a transportation network company vehicle and the driver of such vehicle to consent to sexual activity inside the vehi- cle The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the 2 penal law, as added by section 1 of part JJ of chapter 55 of the laws of 3 2018, is amended and two new paragraphs (l) and (m) are added to read as 4 follows: 5 (j) detained or otherwise in the custody of a police officer, peace 6 officer, or other law enforcement official and the actor is a police 7 officer, peace officer or other law enforcement official who either: (i) 8 is detaining or maintaining custody of such person; or (ii) knows, or 9 reasonably should know, that at the time of the offense, such person was 10 detained or in custody[.]; or 11 (l) a passenger who entered a transportation network company vehicle, 12 as defined in section sixteen hundred ninety-one of the vehicle and 13 traffic law, in anticipation of a fare being paid or after a fare has 14 been paid, for transportation, is inside said transportation network 15 company vehicle, and the actor is the driver of such vehicle; or 16 (m) a driver of a transportation network company vehicle, as defined 17 in section sixteen hundred ninety-one of the vehicle and traffic law, 18 who has allowed a passenger to enter the vehicle, in anticipation of a 19 fare being paid or after a fare has been paid, for transportation, while 20 the driver is inside such transportation network company vehicle, and 21 the actor is a passenger in such vehicle. 22 § 2. This act shall take effect on the thirtieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04044-01-5