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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1775
SPONSOR: Rosenthal L
 
TITLE OF BILL:
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 vehicle
 
PURPOSE:
This legislation will aid in the prosecution of sex offenses by estab-
lishing that individuals in transportation network company vehicles are
unable to consent to sexual activity in such vehicle.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (j) of subdivision 3 of section 130.05 of
the penal law by adding new paragraphs (k) and (I).
Section two sets forth the effective date.
 
JUSTIFICATION:
A safety report released in December 2019 by Uber, a ride sharing compa-
ny, disclosed that at least 3,045 sexual assaults occurred in vehicles
on its platform last year. Additionally, 20 people, including 19 women,
have filed a lawsuit against Lyft claiming that they were also sexually
assaulted in its ride sharing vehicles. Unlike taxi cabs where many are
equipped audio and video recording and with partitions to separate the
passengers and the driver, ride sharing apps like Uber and Lyft use the
driver's personal vehicle which have not been equipped with any safety
devices to protect passengers.
While ride sharing companies maintain that the majority of rides
conducted through their app are safe, the lack of protections for those
who use such apps create a major concern. In the lawsuit against Lyft,
the victims allege that when they reported their sexual assaults to
police, Lyft failed to provide investigators with information necessary
to conduct their investigation. Victims of sexual assault in these vehi-
cles were also blocked from obtaining the full name of their driver,
preventing them from even obtaining a restraining order.
This legislation will protect passengers and drivers of transportation
network company vehicles by affirming that they are unable to consent to
sexual activity within such vehicle, in turn making it easier for police
to hold people accountable for such assaults.
 
LEGISLATIVE HISTORY:
2021-22: A.629-B - Referred to Codes; S.814 - Referred to Codes
2019-20: A.8928 - Referred to Codes; S.7089-A - Referred to Codes
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
30 days.
STATE OF NEW YORK
________________________________________________________________________
1775
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. L. 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 (k) and (1) 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 (k) 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 (l) 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.
LBD06676-01-3