Res 0177-2018
NYS Legislature to amend the Penal Law Section 130.05 to include individuals in police custody as being categorically incapable of consenting to sexual conduct with a police officer.
ResolutionAdoptedCommittee on Public Safetyintroduced 2018-02-14
Adopted by the full Council.
Official record · Legistar
Agenda: 2018-02-14Passed: 2018-03-07
Committee on Public Safety — Police Department, Civilian Complaint Review Board, and Mayor’s Office of Criminal Justice, courts, legal services, District Attorneys, and the Office of the Special Narcotics Prosecutor.
How it compares
12% of similar bills passed
6 passed · 44 died
This bill: 19 days in committee
Similar bills: median 647 days · 64 days when passed
Compared against 50 Resolution bills in Committee on Public Safety.
Ranked by how closely each matches this bill's topic — closest first:
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NYS Legislature to amend the Penal Law Section 130.05 to include individuals in police custody as being categorically incapable of consenting to sexual conduct with a police officer.
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Sponsors (13)
Lifecycle
IntroducedIntroduced by Council
2018-02-14 · City Council
ActionReferred to Comm by Council
2018-02-14 · City Council
HeardHearing Held by Committee
2018-02-26 · Committee on Public Safety
HeldLaid Over by Committee
2018-02-26 · Committee on Public Safety
HeardHearing Held by Committee
2018-02-26 · Committee on Justice System
HeldLaid Over by Committee
2018-02-26 · Committee on Justice System
HeardHearing Held by Committee
2018-03-06 · Committee on Public Safety
AdvancedApproved by Committee
2018-03-06 · Committee on Public Safety
AdvancedApproved, by Council
2018-03-07 · City Council
Votes (13)
Aye (10)
Donovan J. RichardsJustin L. BrannanFernando Cabrera Chaim M. DeutschVanessa L. GibsonCarlos MenchacaI. Daneek MillerKeith Powers Ydanis A. RodriguezJumaane D. Williams
Absent (3)
Andrew CohenRory I. LancmanPaul A. Vallone
Heard at (4)
City Council · 2018-03-07 · 1:30 PM · Council Chambers - City Hall
Committee on Public Safety · 2018-03-06 · 1:00 PM · Committee Room - City Hall
Committee on Public Safety · 2018-02-26 · 10:00 AM · Committee Room - City Hall
City Council · 2018-02-14 · 1:30 PM · Council Chambers - City Hall
Attachments (11)
- Res. No. 177
- February 14, 2018 - Stated Meeting Agenda
- Hearing Transcript - Stated Meeting 02-14-2018
- Minutes of the Stated Meeting - February 14, 2018
- Committee Report 2/26/18
- Hearing Transcript 2/26/18
- Committee Report 3/6/18
- Hearing Transcript 3/6/18
- March 7, 2018 - Stated Meeting Agenda
- Hearing Transcript - Stated Meeting 3-7-18
- Minutes of the Stated Meeting - March 7, 2018
Full text
By Council Members Treyger, Rivera, Richards. Yeger, Holden, Miller, Gibson, Rosenthal, Menchaca, Williams, Brannan, Powers and Constantinides
Whereas, Pursuant to section 130.05 of the New York State Penal Law, individuals in certain custodial situations, such as incarcerated or hospitalized individuals, are incapable of consenting to sexual relations with those placed in charge of their custody; and
Whereas, These laws protect vulnerable individuals from abuse; and
Whereas, New York State law contains no such provisions categorically preventing an individual in police custody from consenting to sexual conduct with a police officer; and
Whereas, The power dynamic between police officers and individuals in their custody is such that genuine consent cannot be provided; and
Whereas, The power dynamic between police officers and individuals in their custody is substantially similar to that between correction officers and inmates and other relationships already addressed in State law, and
Whereas, The lack of a State law to address this issue has already led to the alleged abuse of a person in custody by police officers; and
Whereas, For example, on September 15, 2017, two New York City Police Department detectives, placed an eighteen year old woman in custody and both police officers engaged in sexual conduct with the woman who was handcuffed in the back of their police van; and
Whereas, Both officers claim that the sexual conduct was consensual, and the woman alleges that the officers forced her to engage in sexual conduct in exchange for being released from custody without facing criminal charges; and
Whereas, Consent should not be a defense when an officer is accused of a sex crime by someone in their custody; now, therefore, be it
Resolved, That the Council of the City of New York urges the New York State Legislature to amend the Penal Law Section 130.05 to include individuals in police custody as being categorically incapable of consenting to sexual conduct with a police officer.
JDK
LS #11805 / Reso 1717/2017
LS #976
1/3/2018
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