A07671 Summary:

BILL NO    A07671 

SAME AS    SAME AS UNI. S05638

SPONSOR    Walker

COSPNSR    

MLTSPNSR   

Add S4519-a, CPLR; add S60.49, rpld S160.10 sub 1 (d), amd S160.55, CP L; amd
SS841 & 837, Exec L; add SS49 & 83-n, Leg L

Relates to the use in evidence of the fact of possession or presence on the
premises of condoms and other sexual and reproductive health devices.
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A07671 Memo:

BILL NUMBER:A7671

TITLE OF BILL:

An act to amend the civil practice law and rules, the criminal
procedure law, the executive law, and the legislative law in relation
to the use in evidence of the fact of possession or presence on the
premises of condoms and other sexual and reproductive health devices;
and repealing certain provisions of the criminal procedure law
relating thereto

PURPOSE:

The purpose of this bill is to codify the commitment to public health
enshrined in the New York State Constitution, by prohibiting the use
in criminal, civil or administrative proceedings of the fact of
possession or presence of condoms and other reproductive and sexual
health devices as evidence of prostitution or trafficking-related
offenses, and to assess and reduce the disparate impacts of this
practice upon members of vulnerable populations, such as survivors of
trafficking and people who are or are profiled as engaging in the sex
trades.

EXISTING LAW:

Currently, possession of condoms may be introduced as evidence of
prostitution and trafficking-related offenses in most criminal, civil
and administrative proceedings except misdemeanor prostitution and
loitering for the purpose of prostitution. Other sexual and
reproductive health tools, however, may be introduced as evidence of
all prostitution and trafficking-related offenses.

SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known as the "End
Criminalization of Condoms Act".

Section 2 states certain legislative findings.

Section 3 adds a new section 4519-a to the civil practice law and
rules to prohibit introduction of the fact of possession or presence
of condoms and other reproductive and sexual health devices as
evidence of prostitution, patronizing a prostitute, promoting
prostitution, permitting prostitution, maintaining a premises for
prostitution, lewdness or assignation, or maintaining a bawdy house,
in any trial, hearing or proceeding pursuant to section 12 and article
10 of the multiple dwelling law (liens on premises used for unlawful
purposes), sections 12-a and title 2 of article 23 of the public
health law (hearings and equitable proceedings regarding premises used
for prostitution), section 231 of the real property law (voiding of
lease on premises used for unlawful purposes), or sections 711 and 715
of the real property actions and proceedings law (summary eviction
proceedings).

Section 4 adds a new section 60.47 to the criminal procedure law to
prohibit introduction of the fact of possession or presence of condoms
and other reproductive and sexual health devices as evidence of


prostitution or trafficking-related activity in any trial, hearing or
proceeding pursuant to article 230 or section 240.37 of the penal law
(prostitution and trafficking-related offenses), or section 6512 of
the education law (unlicensed practice of a profession), or by any
related local or municipal law or regulation, for the purpose of
establishing probable cause for an arrest or proving any person's
commission or attempted commission of such offense.

Section 5 amends section 160.10(1) of the criminal procedure law to
remove subdivision two of section 240.37 of the penal law (loitering
for the purpose of engaging in a prostitution offense) to provide that
this violation shall no longer be an offense requiring fingerprinting.

Section 6 amends section 160.55 of the criminal procedure law to
remove subdivision two of section 240.37 of the penal law (loitering
for the purpose of engaging in a prostitution offense) to provide that
sealing of convictions appropriate to violation-level offenses shall
be available for this violation. It also deletes references to former
section 240.35 of the penal law, as repealed by chapter 232 of the
laws of 2010.

Section 7 adds a new subdivision 7-b to section 841 of the executive
law to authorize the Commissioner of Criminal Justice Services to take
such steps as necessary to ensure that police and peace officers
receive appropriate instruction regarding the evidentiary prohibition
set forth in section 60.47 of the criminal procedure law.

Section 8 adds a new section 49 to the legislative law to create
guidelines for the implementation and use of health and human rights
impact statements to accompany certain legislation.

Section 9 adds a new section 83-n to the legislative law to establish
a volunteer legislative commission on health and human rights.

Section 10 amends paragraph f of subdivision 4 of section 837 of the
executive law to require that the Division of Criminal Justice
Services conduct research and analysis necessary to complete health
and human rights impact statements and present an annual report
containing statistics and other information relevant to such
statements.

Section 11 sets forth a severability provision.

Section 12 establishes the effective date.

JUSTIFICATION:

Currently, for purposes of prosecuting certain criminal, civil and
administrative offenses, reproductive and sexual health tools, and
particularly condoms and lubricants, are being confiscated and
destroyed by law enforcement officers and introduced by prosecution as
evidence in trials, hearings, and proceedings. This practice deters
those most vulnerable to the HIV epidemic, other sexually transmitted
infections, and unwanted pregnancies from using condoms by sending the
message that possession or presence of condoms provides a legal basis
for being stopped, questioned, and arrested by police. This message
undermines public health efforts to promote safer sex practices, and


creates a perverse incentive for exploiters to deny access to critical
reproductive and sexual health tools to victims of trafficking, which
are essential to enabling them to protect themselves from unwanted
pregnancies, HIV and other sexually transmitted infections.

Promoting and protecting health, and respecting and fulfilling human
rights are necessarily linked, and health-oriented and rights-based
law enforcement efforts are central to the effective provision of
government services for the benefit of the people of the State. By
adopting a comprehensive ban on using the possession or presence of
condoms as evidence in all prostitution-related cases, this bill will
help to encourage, instead of discourage, safer sex practices.

Article 17, section 3 of the New York State Constitution requires that
the legislature protect and promote the health of the inhabitants of
this state as a matter of public concern. It is pursuant to this
principle that the New York City Department of Health and Mental
Hygiene spends upward to $30 million annually on distributing more
than 38 million condoms per year at approximately 3,500 locations
throughout New York City. However, with one hand the government
distributes these condoms and with the other it destroys, confiscates
and introduces them as evidence of criminal offenses. The same New
York City branded condoms distributed by the City are thrown in City
trashcans, or listed as arrest evidence on police property vouchers
and on supporting depositions filed in criminal cases as evidence of
intent to engage in prostitution in the prosecution of the offenses
covered by this bill.

Governor Andrew M. Cuomo recently announced a bold commitment to end
the AIDS epidemic in New York by 2020. The first-ever statewide
initiative to reduce new transmissions to 750 or fewer per year,
improve access to care for people living with HIV/AIDS (PLWHA), and
work to ensure that PLWHA have undetectable viral loads at a rate that
outpaces new infections. Under current law, the very same prevention
tools that are centerpieces of this plan - condoms - may be lawfully
confiscated and introduced as evidence in a criminal prosecution for a
prostitution or trafficking-related offense. New York simply cannot
end AIDS by 2020 without lifting barriers to access and use of these
critical sexual health tools.

The practice of using condoms as evidence in prostitution cases has
come under criticism across the country. In 2012, Congresswoman
Kathleen Rice as former Nassau County District Attorney implemented a
comprehensive ban on the use of condoms as evidence in all
prostitution and trafficking-related prosecutions in her jurisdiction.
Congresswoman Rice concluded that any potential benefits of using
condoms as evidence do not outweigh the public health impact. She also
noted that more serious trafficking cases are made out on witness and
other evidence, and that "condom evidence was rarely of any value to a
prosecution." According to Rice, "If you need that condom so badly in
the case against a trafficker, then you don't have a good case."
Similarly, in 2013, former Brooklyn District Attorney, Charles Hynes
wrote a scathing letter to then-NYC Police Commissioner Ray Kelly
condemning the police department's practice of using condoms as
evidence in prostitution cases and demanding that the Commissioner end
the

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A07671 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 5638                                                  A. 7671

                              2015-2016 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                     May 21, 2015
                                      ___________

       IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
         printed, and when printed to be committed to the Committee on  Judici-
         ary

       IN  ASSEMBLY  -- Introduced by M. of A. WALKER -- read once and referred
         to the Committee on Codes

       AN ACT to amend the civil practice law and rules, the criminal procedure
         law, the executive law, and the legislative law in relation to the use
         in evidence of the fact of possession or presence on the  premises  of
         condoms  and other sexual and reproductive health devices; and repeal-
         ing certain provisions of the criminal procedure law relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known and may be cited as the "End crimi-
    2  nalization of condoms act".
    3    S 2. Legislative findings. The legislature hereby finds that promoting
    4  and  protecting  health  and  respecting and fulfilling human rights are
    5  necessarily  linked,  and  that  health-oriented  and  rights-based  law
    6  enforcement efforts are central to the effective provision of government
    7  services for the benefit of the people of the State. Article 17, section
    8  3 of the New York constitution requires that the legislature protect and
    9  promote  the  health  of  the  inhabitants  of this state as a matter of
   10  public concern. Despite these provisions, for  purposes  of  prosecuting
   11  certain  criminal,  civil  and administrative offenses, reproductive and
   12  sexual health tools, including condoms, are currently  being  destroyed,
   13  confiscated,  or  used  as  evidence  by  law enforcement officers. This
   14  legislation is intended to strengthen the public health of all New York-
   15  ers, including the most vulnerable, while preserving the ability of  law
   16  enforcement  to  prosecute  other crimes such as felony sexual offenses.
   17  The purpose of this bill is to avoid the disparate impact of  the  prac-
   18  tice of citing condoms and other reproductive and sexual health tools as

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11221-02-5
       S. 5638                             2                            A. 7671

    1  evidence  upon  survivors  of  trafficking  and  people  who  are or are
    2  profiled as being engaged in the sex trades.
    3    S  3.  The  civil  practice  law  and rules is amended by adding a new
    4  section 4519-a to read as follows:
    5    S 4519-A. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
    6  INTO EVIDENCE.  1. THE FATE OF POSSESSION OF A CONDOM OR OTHER REPRODUC-
    7  TIVE OR SEXUAL HEALTH DEVICE MAY NOT BE  RECEIVED  IN  EVIDENCE  IN  ANY
    8  TRIAL,  HEARING  OR  PROCEEDING  PURSUANT  TO SUBDIVISION ONE OF SECTION
    9  TWELVE AND ARTICLE TEN OF THE MULTIPLE DWELLING LAW,  SECTIONS  TWELVE-A
   10  AND  TWENTY-THREE  HUNDRED  TWENTY OF THE PUBLIC HEALTH LAW, SECTION TWO
   11  HUNDRED THIRTY-ONE OF THE REAL  PROPERTY  LAW  OR  SUBDIVISION  FIVE  OF
   12  SECTION  SEVEN  HUNDRED  ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN OF THE
   13  REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, OR BY ANY LAW, LOCAL  LAW  OR
   14  ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE, OR BY ANY WORD, RULE
   15  OR  REGULATION  OF ANY GOVERNMENTAL INSTRUMENTALITY AUTHORIZED BY LAW TO
   16  ADOPT THE SAME AS EVIDENCE OF PROSTITUTION,  PATRONIZING  A  PROSTITUTE,
   17  PROMOTING  PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A PREMISES
   18  FOR PROSTITUTION, LEWDNESS OR ASSIGNATION, MAINTAINING  A  BAWDY  HOUSE,
   19  COMPELLING PROSTITUTION, OR SEX TRAFFICKING.
   20    2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
   21  TIVE  OR  OTHER  TOOL  USED  TO PREVENT UNWANTED PREGNANCY OR THE TRANS-
   22  MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
   23  LIMITED  TO  MALE  CONDOMS,  FEMALE  CONDOMS,  LUBRICANTS,  PRE-EXPOSURE
   24  PROPHYLAXIS ("PREP"), POST-EXPOSURE PROPHYLAXIS ("PEP"), HIV ANTI-RETRO-
   25  VIRAL MEDICATION, SPERMICIDE, HORMONAL METHODS, EMERGENCY CONTRACEPTION,
   26  DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   27    3.  "POSSESSION"  MEANS  TO  HAVE  PHYSICAL POSSESSION OR OTHERWISE TO
   28  EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.
   29    4. THE FACT OF POSSESSION OR PRESENCE IN A PREMISES OF A  REPRODUCTIVE
   30  OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY ANY MEANS
   31  FOR  ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER PHYSICAL OR
   32  TESTIMONIAL EVIDENCE.
   33    S 4. The criminal procedure law is amended by  adding  a  new  section
   34  60.49 to read as follows:
   35  S 60.49 POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICE; RECEIPT INTO
   36            EVIDENCE.
   37    1.  EVIDENCE  THAT  A  PERSON  WAS  IN POSSESSION OF A CONDOM OR OTHER
   38  REPRODUCTIVE OR SEXUAL HEALTH DEVICE MAY NOT BE ADMITTED AT  ANY  TRIAL,
   39  HEARING  OR  OTHER  PROCEEDING  IN  A PROSECUTION FOR ANY OFFENSE, OR AN
   40  ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN ARTICLE TWO HUNDRED THIRTY  OR
   41  SECTION  240.37  OF THE PENAL LAW, OR SECTION 6512 OF THE EDUCATION LAW,
   42  OR ANY LAW, LOCAL LAW OR ORDINANCE OF A POLITICAL  SUBDIVISION  OF  THIS
   43  STATE, OR ANY WORD, RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTAL-
   44  ITY AUTHORIZED BY LAW TO ADOPT THE SAME, FOR THE PURPOSE OF ESTABLISHING
   45  PROBABLE  CAUSE  FOR  AN  ARREST  OR  PROVING ANY PERSON'S COMMISSION OR
   46  ATTEMPTED COMMISSION OF SUCH OFFENSE, AS  EVIDENCE  OF  PROSTITUTION  OR
   47  TRAFFICKING-RELATED ACTIVITY.
   48    2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
   49  TIVE  OR  OTHER  TOOL  USED  TO PREVENT UNWANTED PREGNANCY OR THE TRANS-
   50  MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
   51  LIMITED TO MALE CONDOMS, FEMALE CONDOMS, LUBRICANT, PRE-EXPOSURE PROPHY-
   52  LAXIS ("PREP"), POST-EXPOSURE PROPHYLAXIS ("PEP"),  HIV  ANTI-RETROVIRAL
   53  MEDICATION,   SPERMICIDE,  HORMONAL  METHODS,  EMERGENCY  CONTRACEPTION,
   54  DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   55    3. "POSSESSION" MEANS TO HAVE  PHYSICAL  POSSESSION  OR  OTHERWISE  TO
   56  EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.
       S. 5638                             3                            A. 7671

    1    4.  THE  FACT OF POSSESSION OR PRESENCE ON THE PREMISES OF A REPRODUC-
    2  TIVE OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY  ANY
    3  MEANS  FOR ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER PHYS-
    4  ICAL OR TESTIMONIAL EVIDENCE.
    5    S  5. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
    6  procedure law is REPEALED.
    7    S 6. The opening paragraph of subdivision 1, subdivision 2 and  subdi-
    8  vision  3  of  section 160.55 of the criminal procedure law, the opening
    9  paragraph of subdivision 1 as amended by chapter  169  of  the  laws  of
   10  1994,  subdivision  2  as amended by chapter 476 of the laws of 2009 and
   11  subdivision 3 as amended by chapter 249 of the laws of 1981  and  renum-
   12  bered  by  chapter  142  of  the  laws  of  1991, are amended to read as
   13  follows:
   14    Upon the termination of a criminal  action  or  proceeding  against  a
   15  person  by  the  conviction  of such person of a traffic infraction or a
   16  violation, other than [a violation of loitering as  described  in  para-
   17  graph  (d)  or  (e) of subdivision one of section 160.10 of this chapter
   18  or] the violation of operating a motor vehicle while ability impaired as
   19  described in subdivision one of section eleven hundred ninety-two of the
   20  vehicle and traffic law, unless the district attorney upon  motion  with
   21  not  less  than  five  days notice to such person or his or her attorney
   22  demonstrates to the satisfaction of the  court  that  the  interests  of
   23  justice  require otherwise, or the court on its own motion with not less
   24  than five days notice to such person or his or her  attorney  determines
   25  that  the  interests of justice require otherwise and states the reasons
   26  for such determination on the record, the clerk  of  the  court  wherein
   27  such  criminal  action  or  proceeding  was terminated shall immediately
   28  notify the commissioner of the division of criminal justice services and
   29  the heads of all appropriate police departments and other  law  enforce-
   30  ment  agencies  that  the action has been terminated by such conviction.
   31  Upon receipt of notification of such termination:
   32    2. A report  of  the  termination  of  the  action  or  proceeding  by
   33  conviction of a traffic violation or a violation other than [a violation
   34  of  loitering as described in paragraph (d) or (e) of subdivision one of
   35  section 160.10 of this title or] the  violation  of  operating  a  motor
   36  vehicle  while  ability  impaired  as  described  in  subdivision one of
   37  section eleven hundred ninety-two of the vehicle and traffic law,  shall
   38  be  sufficient  notice of sealing to the commissioner of the division of
   39  criminal justice services unless the  report  also  indicates  that  the
   40  court  directed  that  the  record  not  be  sealed  in the interests of
   41  justice. Where the court has determined pursuant to subdivision  one  of
   42  this  section that sealing is not in the interests of justice, the clerk
   43  of the court shall include notification of  that  determination  in  any
   44  report  to such division of the disposition of the action or proceeding.
   45  When the defendant has been found guilty of a violation of harassment in
   46  the second degree and it was determined pursuant to subdivision  eight-a
   47  of  section  170.10  of  this  title  that  such violation was committed
   48  against a member of the same family or household as the  defendant,  the
   49  clerk  of  the court shall include notification of that determination in
   50  any report to such division of the disposition of the action or proceed-
   51  ing for purposes of paragraph (a) and subparagraph (vi) of paragraph (d)
   52  of subdivision one of this section.
   53    3. A person against whom a criminal action or  proceeding  was  termi-
   54  nated  by  such person's conviction of a traffic infraction or violation
   55  other than [a violation of loitering as described in  paragraph  (d)  or
   56  (e)  of  subdivision  one  of  section  160.10  of  this chapter or] the
       S. 5638                             4                            A. 7671

    1  violation of  operating  a  motor  vehicle  while  ability  impaired  as
    2  described in subdivision one of section eleven hundred ninety-two of the
    3  vehicle  and  traffic  law, prior to the effective date of this section,
    4  may  upon  motion apply to the court in which such termination occurred,
    5  upon not less than twenty days notice to the district attorney,  for  an
    6  order granting to such person the relief set forth in subdivision one of
    7  this section, and such order shall be granted unless the district attor-
    8  ney  demonstrates to the satisfaction of the court that the interests of
    9  justice require otherwise.
   10    S 7. Section 841 of the executive law  is  amended  by  adding  a  new
   11  subdivision 7-b to read as follows:
   12    7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
   13  OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
   14  THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
   15  PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
   16  SECTION FORTY-FIVE HUNDRED NINETEEN-A OF  THE  CIVIL  PRACTICE  LAW  AND
   17  RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL
   18  HEALTH DEVICES AS EVIDENCE IN CERTAIN TRIALS, HEARINGS  OR  PROCEEDINGS,
   19  OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT UNAUTHORIZED
   20  SEIZURE  OR  CONFISCATION  OF  CONDOMS  AND OTHER REPRODUCTIVE OR SEXUAL
   21  HEALTH DEVICES IS A BREACH OF PUBLIC POLICY.
   22    S 8. The legislative law is amended by adding a new section 49 to read
   23  as follows:
   24    S 49. REQUIREMENT WITH RESPECT TO BILLS AMENDING  CERTAIN  LAWS  WHICH
   25  AFFECT HEALTH AND HUMAN RIGHTS. WHENEVER A COMMITTEE FAVORABLY REPORTS A
   26  BILL TO AMEND ARTICLES TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL
   27  LAW,  OR, AT THE DISCRETION OF THE VOTING MAJORITY OF THE COMMITTEE, ANY
   28  BILL WHICH, IF PASSED, WOULD INCREASE OR DECREASE THE NUMBER  OF  ARRES-
   29  TEES  OR  PRETRIAL OR SENTENCED POPULATION OF CORRECTIONAL FACILITIES IN
   30  THIS STATE, A MAJORITY OF THE COMMITTEE MEMBERS VOTING MAY REQUEST  THAT
   31  A HEALTH AND HUMAN RIGHTS IMPACT STATEMENT BE PREPARED.  THE LEGISLATURE
   32  SHALL  BY  CONCURRENT  RESOLUTION  OF  THE SENATE AND ASSEMBLY PRESCRIBE
   33  RULES REQUIRING HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS TO  ACCOMPANY,
   34  ON  A SEPARATE FORM, BILLS AND AMENDMENTS TO BILLS AFTER SUCH BILLS HAVE
   35  BEEN REPORTED FROM COMMITTEE.  HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS
   36  SHALL BE PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL  PASSAGE.  THE
   37  STATEMENT  SHALL INDICATE WHETHER THE BILL WOULD HAVE A DISPARATE IMPACT
   38  BY  RACE,  ETHNICITY,  RELIGION,  AGE,  GENDER,   GENDER   IDENTITY   OR
   39  EXPRESSION, SEXUAL ORIENTATION, IMMIGRATION STATUS, DISABILITY, OR HOUS-
   40  ING  STATUS  COMPOSITION OF THE ARRESTEE AND CORRECTIONAL FACILITY POPU-
   41  LATION AND AN EXPLANATION OF THAT IMPACT. ANY IMPACT  STATEMENT  PRINTED
   42  WITH  OR  PREPARED  FOR A BILL IS SOLELY FOR THE PURPOSE OF INFORMATION,
   43  SUMMARIZATION AND EXPLANATION FOR MEMBERS OF THE LEGISLATURE  AND  SHALL
   44  NOT  BE  CONSTRUED  TO REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER
   45  CHAMBER THEREOF FOR ANY PURPOSE. EACH IMPACT STATEMENT  SHALL  BEAR  THE
   46  FOLLOWING  DISCLAIMER:  "THE  FOLLOWING  HEALTH  AND HUMAN RIGHTS IMPACT
   47  STATEMENT IS PREPARED FOR THE BENEFIT OF THE MEMBERS OF THE LEGISLATURE,
   48  SOLELY FOR PURPOSES OF INFORMATION, SUMMARIZATION  AND  EXPLANATION  AND
   49  DOES NOT REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER CHAMBER THER-
   50  EOF FOR ANY PURPOSE."
   51    S  9.  The  legislative law is amended by adding a new section 83-n to
   52  read as follows:
   53    S 83-N. LEGISLATIVE COMMISSION ON HEALTH AND HUMAN RIGHTS.
   54    1. THE LEGISLATURE HEREBY FINDS THAT PROMOTING AND  PROTECTING  HEALTH
   55  AND  RESPECTING  AND FULFILLING HUMAN RIGHTS ARE NECESSARILY LINKED, AND
   56  THAT COORDINATION BETWEEN HEALTH AND LAW ENFORCEMENT EFFORTS IS  CENTRAL
       S. 5638                             5                            A. 7671

    1  TO THE EFFECTIVE PROVISION OF GOVERNMENT SERVICES FOR THE BENEFIT OF THE
    2  PEOPLE OF THE STATE.
    3    2.  A  LEGISLATIVE  COMMISSION  ON  HEALTH  AND HUMAN RIGHTS IS HEREBY
    4  ESTABLISHED TO EXAMINE, EVALUATE  AND  MAKE  RECOMMENDATIONS  CONCERNING
    5  RIGHTS-BASED  APPROACHES  TO  HEALTH  AND LAW ENFORCEMENT INTERVENTIONS.
    6  THE COMMISSION SHALL ACT AS  A  MECHANISM  FOR  ONGOING  AND  MEANINGFUL
    7  INVOLVEMENT  OF  THOSE  WHO ARE OR POTENTIALLY COULD BE AFFECTED BY THIS
    8  LAW, INCLUDING, BUT NOT LIMITED TO, SURVIVORS OF TRAFFICKING, PEOPLE WHO
    9  ARE OR ARE PROFILED AS BEING INVOLVED IN THE SEX TRADES, COMMUNITIES  OF
   10  COLOR,  LESBIAN,  GAY,  BISEXUAL  AND  TRANSGENDER PEOPLE, AND PEOPLE IN
   11  CUSTODIAL SETTINGS. THE COMMISSION SHALL PROVIDE MONITORING  AND  EXPERT
   12  PERSPECTIVE  TO THE LEGISLATURE, PROMOTING AWARENESS OF PROBLEMS IN REAL
   13  TIME AS THEY EMERGE, INCREASE COOPERATION AND COLLABORATION BETWEEN  THE
   14  INDIVIDUALS AND COMMUNITIES DIRECTLY IMPACTED AND THEIR LEGISLATORS, AND
   15  ALLOW  LEGISLATORS TO SHARE RESPONSIBILITY FOR SUCCESSES AND FAILURES OF
   16  THESE INITIATIVES. THE COMMISSION SHALL MAKE SUCH RECOMMENDATIONS AS  IT
   17  MAY  DEEM  NECESSARY AS TO REGULATIONS, POLICIES, PROGRAMS, AND PROPOSED
   18  LEGISLATION TO PROVIDE AN EQUITABLE SYSTEM OF PROVIDING FOR  THE  PUBLIC
   19  SAFETY WHILE ALSO PROTECTING PUBLIC HEALTH, TO ENCOURAGE THE MOST EFFEC-
   20  TIVE  USE OF STATE AND LOCAL RESOURCES, TO PRESERVE THE FISCAL INTEGRITY
   21  OF BOTH STATE AND LOCAL  GOVERNMENT  HEALTH  SYSTEMS  AND  OTHERWISE  TO
   22  STRENGTHEN THE FUNDAMENTAL HUMAN RIGHT TO HEALTH.
   23    3.  THE COMMISSION SHALL CONSIST OF TEN REPRESENTATIVES FROM ORGANIZA-
   24  TIONS THAT PROMOTE ADVOCACY BY AND FOR  DIRECTLY  IMPACTED  COMMUNITIES.
   25  FROM  AMONG THE MEMBERS SO APPOINTED, A CHAIRPERSON AND VICE CHAIRPERSON
   26  SHALL BE DESIGNATED BY THE JOINT  ACTION  OF  THE  CHAIRPERSONS  OF  THE
   27  SENATE  AND  ASSEMBLY  HEALTH COMMITTEES. ANY VACANCY THAT OCCURS IN THE
   28  COMMISSION OR IN THE CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL  BE  FILLED
   29  IN  THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIGNATION WAS
   30  MADE.
   31    4. THE COMMISSION IN ADDITION TO THE ABOVE MENTIONED POWERS SHALL HAVE
   32  ALL THE POWERS AND PRIVILEGES OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO
   33  THIS CHAPTER.
   34    5.  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSE, THE COMMISSION SHALL BE
   35  AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDY,  INQUIRY,  SURVEY,  OR
   36  ANALYSIS  IT  MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION
   37  WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
   38    6. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM  ANY  DEPARTMENT,
   39  BOARD,  BUREAU,  COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY
   40  OF THE STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS  STATE,
   41  SUCH  FACILITIES, ASSISTANCE, AND DATA, AS IT DEEMS NECESSARY OR DESIRA-
   42  BLE FOR PROPER EXECUTION OF ITS POWERS AND DUTIES.
   43    7. THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND  SHALL  HAVE
   44  FULL  POWERS TO SUBPOENA WITNESSES AND ALL RECORDS OR DATA IT SHALL DEEM
   45  NECESSARY OR DESIRABLE PURSUANT TO THIS CHAPTER.
   46    8. THE MEMBERS OF THE COMMISSION SHALL SERVE ON A VOLUNTARY BASIS  AND
   47  RECEIVE NO COMPENSATION FOR THEIR SERVICES.
   48    S  10.  Paragraph (f) of subdivision 4 of section 837 of the executive
   49  law, as amended by chapter 169 of the laws of 1994, is amended and a new
   50  paragraph (g) is added to read as follows:
   51    (f) Accomplish all of the functions, powers, and duties set  forth  in
   52  paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
   53  processing  and  disposition  of cases involving violent felony offenses
   54  specified in subdivision one of section 70.02 of the penal law; AND
   55    (G) ACCOMPLISH ALL OF THE FUNCTIONS, POWERS, AND DUTIES SET  FORTH  IN
   56  PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ALL
       S. 5638                             6                            A. 7671

    1  CHAPTERS  OF LAW RESULTING FROM LEGISLATIVE BILLS THAT HAVE BEEN SUBJECT
    2  TO THE PROVISIONS OF  SECTIONS  FORTY-NINE  AND  EIGHTY-THREE-N  OF  THE
    3  LEGISLATIVE  LAW. THE DIVISION SHALL PRESENT TO THE GOVERNOR, THE TEMPO-
    4  RARY  PRESIDENT  OF  THE  SENATE, THE MINORITY LEADER OF THE SENATE, THE
    5  SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AN ANNU-
    6  AL REPORT CONTAINING THE STATISTICS AND OTHER  INFORMATION  RELEVANT  TO
    7  THIS SUBDIVISION.
    8    S  11.  If any provision of this article or the application thereof to
    9  any person, circumstances, or political subdivision  of  this  state  is
   10  adjudged  invalid  by  a  court  of competent jurisdiction such judgment
   11  shall not affect or impair the validity of the other provisions  of  the
   12  article  or  the  application thereof to other political subdivisions of
   13  this state, persons, and circumstances.
   14    S 12. This act shall take effect on the first of March next succeeding
   15  the date on which it shall have become a law.
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