Senate BillPassed first house
S 866: Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.
What S 866 does, verified February 7, 2026
This bill aims to redefine "physically helpless" in the context of consent for sexual activity. A person is considered physically helpless if they are unconscious or unable to communicate due to physical reasons, such as being unable to speak or move. Consent for sexual activity is now defined as a knowing, voluntary, and mutual decision among all participants. Consent can be given through words or actions, as long as those words or actions clearly indicate permission to engage in sexual activity. This revised definition of consent takes effect immediately.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
4Second ChamberCurrent
5GovernorPending
6ChapteredPending
Last action: referred to codes (2026-02-05)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions16 total · showing 5
| Feb. 05, 2026 | referred to codes |
| Feb. 05, 2026 | DELIVERED TO ASSEMBLY |
| Feb. 05, 2026 | PASSED SENATE |
| Feb. 03, 2026 | ADVANCED TO THIRD READING |
| Jan. 29, 2026 | 2ND REPORT CAL. |
Latest bill textIntroduced version, January 8, 2025 · 209 words
STATE OF NEW YORK ________________________________________________________________________ 866 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. BAILEY, ADDABBO, HELMING, HINCHEY, HOYLMAN-SIGAL, KRUEGER, PARKER, ROLISON, SERRANO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to re-defining physically helpless The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 130.00 of the penal law is 2 amended to read as follows: 3 7. "Physically helpless" means that a person is unconscious or for any 4 other reason is physically unable to communicate [unwillingness] affir- 5 mative consent to an act. Such affirmative consent is a knowing, volun- 6 tary, and mutual decision among all participants to engage in sexual 7 activity. Consent can be given by words or actions, as long as those 8 words or actions create clear permission regarding willingness to engage 9 in the sexual activity. 10 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02023-01-5
Text of S 866 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions