S54A

The New York State Senate passed Senate Print 54A, sponsored by Sen. Fernandez, amending the Penal Law to clarify that intoxicated individuals cannot consent to sexual activity regardless of how they became intoxicated. The bill passed on a roll call vote, 58-0. Sen. Fernandez, speaking in support, argued the legislation addresses a critical gap in sexual assault law by shifting legal focus from the circumstances of survivors to the actions of perpetrators. She stated that the bill affirms a simple standard: "Consent cannot exist where capacity does not." Fernandez noted that current law leaves survivors without clear protection when intoxication is involved. She said she looked forward to the bill's full passage so that survivors of rape can obtain justice. The measure takes effect immediately.

The New York State Senate passed S54A, a bill to amend the Penal Law sponsored by Senator Fernandez, on a roll call vote of 59-0. The measure, which was Calendar Number 499, proceeded directly to a vote without floor debate. The bill is set to take effect immediately upon enactment.