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Bill

A 5399

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances

2025 Regular Session Introduced by Harvey Epstein and 3 co-sponsors

Bill A 5399 protects vulnerable witnesses and subjects in investigations by establishing clear standards for incapacity to consent, preventing coercion and ensuring rights.

REFERRED TO CODES
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Bill Summary · A 5399

Summary of Bill A 5399

Bill Information

  • Bill Number: A 5399
  • Title: Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances
  • Status: Referred to Codes
  • Introduced: February 13, 2025
  • Classification: Bill

Purpose and Intent

Bill A 5399 aims to establish clear legal standards regarding the capacity to consent for individuals who are either witnesses to or subjects of investigations under specific circumstances. The intent is to protect vulnerable individuals from being coerced or manipulated into providing consent during investigations, ensuring that their rights and well-being are prioritized.

Key Provisions

  • Incapacity to Consent: The bill defines conditions under which a person is deemed incapable of giving informed consent if they are involved in an investigation. This includes situations where the individual may be under duress or facing undue pressure.
  • Scope of Application: The legislation applies to various types of investigations, although specific types are not detailed in the provided information.
  • Legal Protections: The bill seeks to enhance legal protections for individuals who may be at risk of exploitation during investigative processes.

Who Would Be Affected

  • Witnesses and Subjects of Investigations: Individuals who are witnesses or subjects in investigations will be directly impacted, as the bill aims to safeguard their ability to provide informed consent.
  • Law Enforcement and Investigative Bodies: Agencies conducting investigations will need to adapt their practices to comply with the new standards regarding consent.
  • Legal Professionals: Attorneys and legal representatives may need to adjust their approaches when dealing with clients who fall under the provisions of this bill.

Procedural Aspects

  • Current Status: As of February 13, 2025, the bill has been referred to the Codes Committee for further consideration.
  • Related Bills: This bill is related to several prior-session bills (A 10720, A 4484, A 692) and has a companion bill in the Senate (S 4404), indicating ongoing legislative interest in this area.

Conclusion

Bill A 5399 represents a significant step towards enhancing the legal framework surrounding consent in investigative contexts. By establishing clear criteria for incapacity to consent, the bill aims to protect vulnerable individuals and ensure that their rights are upheld during potentially coercive situations. As the bill progresses through the legislative process, its implications for various stakeholders will become clearer.

Compiled from official sources — confirm details with the bill’s official record.

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