Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of the penal law.
STATE OF NEW YORK
________________________________________________________________________
151
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. CRUZ, GLICK, SIMON, JACKSON -- read once and
referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, the criminal procedure
law and the executive law, in relation to prohibiting possession of
reproductive or sexual health devices from being permitted in speci-
fied criminal or civil proceedings as evidence of prostitution
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 § 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. Section 3 of arti-
8 cle 17 of the New York state constitution requires that the legislature
9 protect and promote the health of the inhabitants of this state as a
10 matter of public concern. Despite these provisions, for purposes of
11 prosecuting certain criminal, civil and administrative offenses, repro-
12 ductive and sexual health tools, including condoms, are currently being
13 destroyed, confiscated, or used as evidence by law enforcement officers.
14 This legislation is intended to strengthen the public health of all New
15 Yorkers, including the most vulnerable, while preserving the ability of
16 law enforcement to prosecute other crimes such as felony sexual
17 offenses. The purpose of this act is to avoid the disparate impact of
18 the practice of citing condoms and other reproductive and sexual health
19 tools as evidence upon survivors of trafficking and people who are or
20 are profiled as being engaged in the sex trades.
21 § 3. The civil practice law and rules is amended by adding a new
22 section 4519-b to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02095-01-3
A. 151 2
1 § 4519-b. Possession of reproductive or sexual health devices; receipt
2 into evidence. 1. Evidence that a person was in possession of a condom
3 or other reproductive or sexual health device may not be received in
4 evidence in any trial, hearing or proceeding pursuant to subdivision one
5 of section twelve and article ten of the multiple dwelling law, sections
6 twelve-a and twenty-three hundred twenty of the public health law,
7 section two hundred thirty-one of the real property law or subdivision
8 five of section seven hundred eleven and section seven hundred fifteen
9 of the real property actions and proceedings law, or by any law, local
10 law or ordinance of a municipality or political subdivision of the
11 state, or any word, rule, or regulation of any governmental instrumen-
12 tality authorized by law to adopt the same as evidence of conduct which
13 would constitute an offense defined in article two hundred thirty of the
14 penal law.
15 2. "Reproductive or sexual health device" shall include, but shall not
16 be limited to, any contraceptive or other tool used to prevent unwanted
17 pregnancy or the transmission of HIV or other sexually transmitted
18 diseases, including but not limited to male condoms, female condoms,
19 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
20 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
21 emergency contraception, diaphragm, cervical cap, or sponge.
22 § 4. Section 60.47 of the criminal procedure law, as amended by chap-
23 ter 23 of the laws of 2021, is amended to read as follows:
24 § 60.47 Possession of condoms or other reproductive or sexual health
25 device; receipt into evidence.
26 1. Evidence that a person was in possession of one or more condoms or
27 other reproductive or sexual health device may not be admitted at any
28 trial, hearing, or other proceeding in a prosecution for [section
29 230.00] any offense, or an attempt to commit any offense, defined in
30 article two hundred thirty of the penal law, or section sixty-five
31 hundred twelve of the education law, or any law, local law or ordinance
32 of a municipality or political subdivision of the state, or any word,
33 rule or regulation of any governmental instrumentality authorized by law
34 to adopt the same, for the purpose of establishing probable cause for an
35 arrest or proving any person's commission or attempted commission of
36 such offense.
37 2. "Reproductive or sexual health device" shall include, but shall not
38 be limited to, any contraceptive or other tool used to prevent unwanted
39 pregnancy or the transmission of HIV or other sexually transmitted
40 diseases, including but not limited to male condoms, female condoms,
41 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
42 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
43 emergency contraception, diaphragm, cervical cap, or sponge.
44 § 5. Section 841 of the executive law is amended by adding a new
45 subdivision 7-c to read as follows:
46 7-c. Take such steps as may be necessary to ensure that all police
47 officers and peace officers certified pursuant to subdivision three of
48 this section receive appropriate instruction regarding the evidentiary
49 prohibition set forth in section 60.47 of the criminal procedure law and
50 section forty-five hundred nineteen-b of the civil practice law and
51 rules relating to the use of condoms and other reproductive or sexual
52 health devices as evidence in certain trials, hearings or proceedings,
53 or as a basis for probable cause for arrest, including that unauthorized
54 seizure or confiscation of condoms and other reproductive or sexual
55 health devices as a breach of public policy;
A. 151 3
1 § 6. If any provision of this legislation or the application thereof
2 to any person, circumstances, or political subdivision of this state is
3 adjudged invalid by a court of competent jurisdiction such judgment
4 shall not affect or impair the validity of the other provisions of the
5 legislation or the application thereof to other political subdivisions
6 of this state, persons, and circumstances.
7 § 7. This act shall take effect on the first of November next succeed-
8 ing the date on which it shall have become a law.
