Prohibits the use of intoxication of the victim as a defense in sex crimes
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.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2026
Senate Passage
Apr 2026
Assembly Passage
Governor
Introduced Jan 8, 2025
Last action Apr 28, 2026
Maddy AI version diff · 1 comparison
What changed between versions
S54
→
S54A
·
4 edits
MODERATE
The bill was updated to reflect its progression through the legislative process, including new co-sponsors and a favorable committee report. The core legal text regarding sexual assault defenses was modified to strengthen protections for victims by clarifying the conditions under which intoxication can be used as a defense.
Scope change
The bill's scope was expanded to include additional senators as co-sponsors and to cover a broader range of sexual offenses by adding specific references to 'sexual misconduct' and 'rape in the third degree' alongside the existing crimes.
ELIGIBILITY
Added new co-sponsors to the bill, expanding the group of legislators supporting the legislation.
REQUIREMENT
Updated the legal definition of intoxication defenses to require that a victim be 'clearly' under the influence and 'clearly' incapable of expressing lack of consent, raising the threshold for what constitutes a valid defense.
SCOPE
Extended the bill's applicability to include 'sexual misconduct' and 'rape in the third degree' as offenses where the intoxication defense is prohibited.
TIMELINE
Added procedural history indicating the bill was reported favorably by the committee and passed by the Senate, moving it closer to becoming law.
Floor votes · Senate May 13, 2025
How they voted
57–0
Passed · 5 other
Total votes 62
May 13, 2025
D
Democratic40
90% Yea
R
Republican22
95% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
4
Committee
5
Amendments
1
Apr 28, 2026
Committee
REFERRED TO CODES
lower
Apr 28, 2026
Upper · Passed
PASSED SENATE
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Jun 12, 2025
Committee
REFERRED TO CODES
lower
Jun 12, 2025
Upper · Passed
REPASSED SENATE
upper
Jun 9, 2025
Upper · Passed
AMENDED ON THIRD READING (T) 54A
upper
May 13, 2025
Committee
REFERRED TO CODES
lower
May 13, 2025
Upper · Passed
PASSED SENATE
upper
Jan 8, 2025
Committee
REFERRED TO CODES
upper
1 primary · 26 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
NF
Nathalia Fernández
DDemocratic
Co
Andrew Gounardes
DDemocratic
Co
Bill Weber
RRepublican/Conservative
Co
Brad Hoylman-Sigal
DDemocratic/Working Families
Co
Chris Ryan
DDemocratic
Co
Dean Murray
RRepublican/Conservative
Co
George Borrello
RRepublican/Conservative
Co
Jack Martins
RRepublican/Conservative
Co
Jeremy Zellner
DDemocratic
Co
Jessica Ramos
DDemocratic/Working Families
Co
Joe Addabbo
DDemocratic
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