Re-defines the term physically helpless

Latest action Feb 5, 2026

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.

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 amend the penal law in relation to redefining the definition of phys- ical helplessness.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateFeb 5, 2026Result: passed
(59) (0) (0) (4)
Vote: Committee vote · Codes
Senate CodesJan 28, 2026Result: passed
(13) (0) (0) (0)
Vote: Floor vote
NY SenateMar 27, 2025Result: passed
(61) (0) (0) (2)
Vote: Committee vote · Codes
Senate CodesFeb 24, 2025Result: passed
(13) (0) (0) (0)

Cosponsors

Dean Murray, José M. Serrano and 7 more on Agora

Democratic6
Republican3

See the full list on nysenate.gov

The sponsor's argument

Why Jamaal Bailey says this is needed

The present statute is drafted as a double negative and seems to place the burden on the victim to say "no". While that perspective may have reflected the consensus of the community at that time, it does not comport with it today. Over the past several years, concerns regarding "date rape" and alleged underreporting of unwanted sexual contact on college campuses and in the military have resulted in a changed perspec- tive on the issue. In cases involving sexual assault with unconscious individuals or others who are physically unable to communicate consent by words or actions, the time is now to move from a "no means no" stand- ard to only "yes means yes."

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

Feb 5, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Feb 5, 2026
Passed a chamber
PASSED SENATE
NY Senate
Feb 5, 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 (10 earlier events)

Jan 28, 2026
1ST Report CAL.203
1ST REPORT CAL.203
NY Senate
Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CODES
NY Senate
Mar 27, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Mar 27, 2025
Passed a chamber
PASSED SENATE
NY Senate
Mar 27, 2025
Referred to committee
REFERRED TO CODES
NY Assembly
Feb 26, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Feb 25, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
Feb 24, 2025
1ST Report CAL.359
1ST REPORT CAL.359
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 29, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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