S04167 Summary:

BILL NOS04167
 
SAME ASSAME AS A00151
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRKRUEGER, RAMOS, SALAZAR, STAVISKY
 
MLTSPNSR
 
Add §4519-b, CPLR; amd §60.47, CP L; amd §841, Exec L
 
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.
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S04167 Actions:

BILL NOS04167
 
02/03/2023REFERRED TO JUDICIARY
05/09/2023REPORTED AND COMMITTED TO CODES
01/03/2024REFERRED TO JUDICIARY
03/12/2024REPORTED AND COMMITTED TO CODES
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S04167 Committee Votes:

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S04167 Floor Votes:

There are no votes for this bill in this legislative session.
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S04167 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4167
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2023
                                       ___________
 
        Introduced  by Sens. HOYLMAN-SIGAL, KRUEGER, RAMOS, SALAZAR, STAVISKY --
          read twice and ordered printed, and when printed to  be  committed  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

        S. 4167                             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;

        S. 4167                             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.
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