Bill Text: NY A00151 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A00151 Detail]

Download: New_York-2023-A00151-Introduced.html

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                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.