Vote: Floor vote
NY SenateApr 28, 2026Result: passed
(58) (0) (0) (5)
Sponsor · State Senator, District 34 · Democratic
Senate bill · S54 (2025-26)
Prohibits the use of intoxication of the victim as a defense in sex crimes
Latest action Apr 28, 2026
Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.
Your position on this bill
Not chosen yet
Where it stands
Passed one of the two chambers; it still needs the other.
- Introduced
- In committee
- Up for a vote
- Passed one chamber
- Passed
- Enacted
New York State Senate
Amends the Penal Law.
Committee
Codes · New York State Assembly
Also referred to Codes · New York State Senate.
Purpose, from the sponsor's memo
To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to intoxication.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
Recorded votes
Vote: Committee vote · Codes
Senate CodesJan 28, 2026Result: passed
(13) (0) (0) (0)Vote: Floor vote
NY SenateJun 12, 2025Result: passed
(59) (0) (0) (4)Vote: Floor vote
NY SenateMay 13, 2025Result: passed
(57) (0) (0) (5)Vote: Committee vote · Codes
Senate CodesMar 10, 2025Result: passed
(13) (0) (0) (0)
Cosponsors
Andrew Gounardes, Anthony H. Palumbo and 25 more on Agora
- Democratic14
- Republican13
See the full list on nysenate.gov (opens in a new tab)
The sponsor's argument
Why Nathalia Fernandez says this is needed
Currently, victims of sex crimes-in cases where the abused individual voluntarily consumes alcohol and/or drugs to the point of intoxication are not able to seek adequate recourse. The penal law, in its definition of mental incapacitation, only recognizes cases where a substance is administered involuntarily. Therefore, prosecutors are limited in their ability to bring about charges involving cases where the abused individ- ual voluntarily consumed intoxicating substances. As we know, mental incapacitation and the subsequent inability to consent to sexual acts is not dependent on whether an individual volun- tarily or involuntarily consumed an intoxicating substance.When such arbitrary determinations are made, we advance a culture that denies a voice to victims and further denies access to a criminal justice system meant to support, not deny sexual abuse survivors the justice they deserve.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Full history
- Apr 28, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
- Apr 28, 2026
Passed a chamber
PASSED SENATE
NY Senate
- Apr 28, 2026
Referred to committee
REFERRED TO CODES
NY Assembly
- Feb 3, 2026
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
- Jan 29, 2026
2ND Report CAL.
2ND REPORT CAL.
NY Senate
Show full history (16 earlier events)Show less history
- Jan 28, 2026
1ST Report CAL.199
1ST REPORT CAL.199
NY Senate
- Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
- Jan 7, 2026
Referred to committee
REFERRED TO CODES
NY Senate
- Jun 12, 2025
Referred to committee
REFERRED TO CODES
NY Assembly
- Jun 12, 2025
Passed a chamber
REPASSED SENATE
NY Senate
- Jun 12, 2025
Returned to Assembly
RETURNED TO ASSEMBLY
NY Senate
- Jun 9, 2025
Amended
AMENDED ON THIRD READING (T) 54A
NY Senate
- Jun 9, 2025
Recalled From Assembly
RECALLED FROM ASSEMBLY
NY Senate
- Jun 9, 2025
Returned to Senate
RETURNED TO SENATE
NY Assembly
- May 13, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
- May 13, 2025
Passed a chamber
PASSED SENATE
NY Senate
- May 13, 2025
Referred to committee
REFERRED TO CODES
NY Assembly
- Mar 12, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
- Mar 11, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
- Mar 10, 2025
1ST Report CAL.499
1ST REPORT CAL.499
NY Senate
- Jan 8, 2025
Referred to committee
REFERRED TO CODES
NY Senate
About this record
- Summary
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
- Cosponsors
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
- Party colors
Parties are shown in the same neutral colors.
- Source
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data
Read the record
- Read on NY Senate (opens in a new tab) The official record on nysenate.gov.