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 section 240.37 of the penal law.
STATE OF NEW YORK
________________________________________________________________________
729--A
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. MONTGOMERY, COMRIE, HOYLMAN, KRUEGER, LIU, PERSAUD,
RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
be committed to the Committee on Judiciary -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03543-02-9
S. 729--A 2
1 tools as evidence upon survivors of trafficking and people who are or
2 are profiled as being engaged in the sex trades.
3 § 3. The civil practice law and rules is amended by adding a new
4 section 4519-a to read as follows:
5 § 4519-a. Possession of reproductive or sexual health devices; receipt
6 into evidence. 1. Evidence that a person was in possession of a condom
7 or other reproductive or sexual health device may not be received in
8 evidence in any trial, hearing or proceeding pursuant to subdivision one
9 of section twelve and article ten of the multiple dwelling law, sections
10 twelve-a and twenty-three hundred twenty of the public health law,
11 section two hundred thirty-one of the real property law or subdivision
12 five of section seven hundred eleven and section seven hundred fifteen
13 of the real property actions and proceedings law, or by any law, local
14 law or ordinance of a municipality or political subdivision of the
15 state, or any word, rule, or regulation of any governmental instrumen-
16 tality authorized by law to adopt the same as evidence of conduct which
17 would constitute an offense defined in article two hundred thirty or
18 section 240.37 of the penal law.
19 2. "Reproductive or sexual health device" shall include, but shall not
20 be limited to, any contraceptive or other tool used to prevent unwanted
21 pregnancy or the transmission of HIV or other sexually transmitted
22 diseases, including but not limited to male condoms, female condoms,
23 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
24 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
25 emergency contraception, diaphragm, cervical cap, or sponge.
26 § 4. Section 60.47 of the criminal procedure law, as added by section
27 2 of part I of chapter 57 of the laws of 2015, is amended to read as
28 follows:
29 § 60.47 Possession of condoms or other reproductive or sexual health
30 device; receipt into evidence.
31 1. Evidence that a person was in possession of one or more condoms or
32 other reproductive or sexual health device may not be admitted at any
33 trial, hearing, or other proceeding in a prosecution for [section
34 230.00] any offense, or an attempt to commit any offense, defined in
35 article two hundred thirty or section 240.37 of the penal law, or
36 section sixty-five hundred twelve of the education law, or any law,
37 local law or ordinance of a municipality or political subdivision of the
38 state, or any word, rule or regulation of any governmental instrumental-
39 ity authorized by law to adopt the same, for the purpose of establishing
40 probable cause for an arrest or proving any person's commission or
41 attempted commission of such offense.
42 2. "Reproductive or sexual health device" shall include, but shall not
43 be limited to, any contraceptive or other tool used to prevent unwanted
44 pregnancy or the transmission of HIV or other sexually transmitted
45 diseases, including but not limited to male condoms, female condoms,
46 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
47 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
48 emergency contraception, diaphragm, cervical cap, or sponge.
49 § 5. Section 841 of the executive law is amended by adding a new
50 subdivision 7-b to read as follows:
51 7-b. Take such steps as may be necessary to ensure that all police
52 officers and peace officers certified pursuant to subdivision three of
53 this section receive appropriate instruction regarding the evidentiary
54 prohibition set forth in section 60.47 of the criminal procedure law and
55 section forty-five hundred nineteen-a of the civil practice law and
56 rules relating to the use of condoms and other reproductive or sexual
S. 729--A 3
1 health devices as evidence in certain trials, hearings or proceedings,
2 or as a basis for probable cause for arrest, including that unauthorized
3 seizure or confiscation of condoms and other reproductive or sexual
4 health devices as a breach of public policy;
5 § 6. If any provision of this legislation or the application thereof
6 to any person, circumstances, or political subdivision of this state is
7 adjudged invalid by a court of competent jurisdiction such judgment
8 shall not affect or impair the validity of the other provisions of the
9 legislation or the application thereof to other political subdivisions
10 of this state, persons, and circumstances.
11 § 7. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
