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A01775 Summary:

BILL NOA01775
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §130.05, Pen L
 
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.
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A01775 Actions:

BILL NOA01775
 
01/20/2023referred to codes
01/03/2024referred to codes
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A01775 Memo:

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.
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A01775 Text:



 
                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
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