S54

The New York State Senate passed legislation Tuesday that expands sexual assault protections to include people too intoxicated to consent, regardless of whether they voluntarily became impaired or were drugged without knowledge. Senate Print 54, sponsored by Sen. Fernandez, amends the Penal Law to make it a crime to sexually assault someone who is too intoxicated to consent when a reasonable person should have known of the incapacity. The bill passed on a roll call vote, 57-0. Sen. Fernandez said the measure corrects a longstanding failure in state law by affirming that consent must be knowing, clear, and freely given. "Justice should not hinge on how a survivor became incapacitated," Fernandez said in explaining her affirmative vote. The senator said the legislation stands with survivors across New York and reflects a basic principle that people too impaired to consent deserve legal protection.