Deems individuals facing criminal charges as being incapable of consent when the actor is a police officer, peace officer or other law enforcement agent who knows or reasonably should know that such person is facing pending charges unless such person is a member of the same family or household as such police officer, peace officer or other law enforcement agent.

This bill states that if a police officer or law enforcement agent knows or should know that a person is facing criminal charges, that person cannot give consent to any actions taken by the officer. The only exception is if the person is a family member or lives in the same household as the officer. This aims to protect individuals in vulnerable situations from potential exploitation.

Supporters of the bill argue that it is an important step in safeguarding individuals who are already in a difficult legal position from further exploitation by those in power. They believe it reinforces the principle that consent cannot be freely given when there is a significant imbalance of power, especially in law enforcement contexts.

Critics of the bill may argue that it could complicate legitimate interactions between law enforcement and individuals, potentially hindering police work. They might express concerns that the legislation could lead to misunderstandings or accusations that could impact the relationship between law enforcement and the community.