— 2 3 4 5 6 7 8 0 S COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 06/25/2025-AMENDED AND REPORTED OUT TO THE FLOOR 06/05/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 04/03/2025-HELD IN COMMITTEE BILL NO. 36-0024 Thirty-Sixth Legislature of the Virgin Islands February 27, 2025 An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person is in police custody PROPOSED BY: Senator Ray Fonseca Co-sponsor Milton E. Potter Be it enacted by the Legislature of the Virgin Islands: SECTION 1. Title 14 Virgin Islands Code, chapter 85 1s amended by adding section 1710 as follows: “§ 1710. Consent; victim in police custody (a) A person is incapable of consent to sexual relations when the person is detained, including traffic stops and questioning pursuant to an investigation, under arrest, or is otherwise in the custody of a police officer or other law enforcement official, and the offender is a police officer or other law enforcement official who «ither: (1) detained or arrested the person or ts responsible for the person’s custody; or 2 oy (2) knows or should reasonably know that the person is under arrest or in custody. (b) As used in this section: (1) “Law enforcement official” means a person who is responsible for the prevention, investigation, apprehension or detention of individuals suspected or convicted of offenses against’ the criminal laws, including a peace officer empowered to enforce the law through peace officer standards and training certification. WO GOL DS ONE ON pe Seto (2) “Sexual relations” means sexual contact, sexual intercourse, or sodomy _— —) as defined in section 1699 of this chapter.” [aed — BILL SUMMARY This bill amends title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations when the person is in the custody of a police officer or other law enforcement official who is either responsible for the person’s custody or knows or should reasonably know that the person is in custody. BR25-0240/February 3, 2025/GC S;\AMENDS\36th Legislature\ FONSECA, RAY\Amendment 36-348\Amendment 36- 348- DRAFTED ON YELLOW.docx