Bill Text: NY A00281 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-01-03 - referred to codes [A00281 Detail]
Download: New_York-2023-A00281-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 281 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. BRONSON, CRUZ, EPSTEIN, GLICK, GONZALEZ-ROJAS, LAVINE, REYES -- 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 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. 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 19 evidence upon survivors of trafficking and people who are or are 20 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. LBD00997-01-3A. 281 2 1 § 4519-b. Possession of reproductive or sexual health devices; receipt 2 into evidence. 1. The fact of possession of a condom or other reproduc- 3 tive or sexual health device may not be received in evidence in any 4 trial, hearing or proceeding pursuant to subdivision one of section 5 twelve and article ten of the multiple dwelling law, sections twelve-a 6 and twenty-three hundred twenty of the public health law, section two 7 hundred thirty-one of the real property law or subdivision five of 8 section seven hundred eleven and section seven hundred fifteen of the 9 real property actions and proceedings law, or by any law, local law or 10 ordinance of a political subdivision of this state, or by any word, rule 11 or regulation of any governmental instrumentality authorized by law to 12 adopt the same as evidence of prostitution, patronizing a prostitute, 13 promoting prostitution, permitting prostitution, maintaining a premises 14 for prostitution, lewdness or assignation, maintaining a bawdy house, 15 compelling prostitution, or sex trafficking. 16 2. "Reproductive or sexual health device" shall include any contracep- 17 tive or other tool used to prevent unwanted pregnancy or the trans- 18 mission of HIV or other sexually transmitted diseases, including but not 19 limited to male condoms, female condoms, lubricants, pre-exposure 20 prophylaxis ("PrEP"), post-exposure prophylaxis ("PEP"), HIV anti-retro- 21 viral medication, spermicide, hormonal methods, emergency contraception, 22 diaphragm, cervical cap, or sponge. 23 § 4. Section 60.47 of the criminal procedure law, as amended by chap- 24 ter 23 of the laws of 2021, is amended to read as follows: 25 § 60.47 Possession of condoms or other reproductive or sexual health 26 device; receipt into evidence. 27 1. Evidence that a person was in possession of one or more condoms or 28 other reproductive or sexual health device may not be admitted at any 29 trial, hearing, or other proceeding in a prosecution for [section30230.00] any offense, or an attempt to commit any offense, defined in 31 article two hundred thirty of the penal law, or section sixty-five 32 hundred twelve of the education law, or any law, local law or ordi- 33 nance of a political subdivision of this state, or any word, rule or 34 regulation of any governmental instrumentality authorized by law to 35 adopt the same, for the purpose of establishing probable cause for an 36 arrest or proving any person's commission or attempted commission of 37 such offense, as evidence of prostitution or trafficking-related activ- 38 ity. 39 2. "Reproductive or sexual health device" shall include any contracep- 40 tive or other tool used to prevent unwanted pregnancy or the trans- 41 mission of HIV or other sexually transmitted diseases, including but not 42 limited to male condoms, female condoms, lubricant, pre-exposure prophy- 43 laxis ("PrEP"), post-exposure prophylaxis ("PEP"), HIV anti-retroviral 44 medication, spermicide, hormonal methods, emergency contraception, 45 diaphragm, cervical cap, or sponge. 46 § 5. Section 841 of the executive law is amended by adding a new 47 subdivision 7-c to read as follows: 48 7-c. Take such steps as may be necessary to ensure that all police 49 officers and peace officers certified pursuant to subdivision three of 50 this section receive appropriate instruction regarding the evidentiary 51 prohibition set forth in section 60.47 of the criminal procedure law and 52 section forty-five hundred nineteen-b of the civil practice law and 53 rules relating to the use of condoms and other reproductive or sexual 54 health devices as evidence in certain trials, hearings or proceedings, 55 or as a basis for probable cause for arrest, including that unauthorizedA. 281 3 1 seizure or confiscation of condoms and other reproductive or sexual 2 health devices is a breach of public policy. 3 § 6. The legislative law is amended by adding a new section 49 to read 4 as follows: 5 § 49. Requirement with respect to bills amending certain laws which 6 affect health and human rights. Whenever a committee favorably reports a 7 bill to amend article two hundred thirty of the penal law, or, at the 8 discretion of the voting majority of the committee, any bill which, if 9 passed, would increase or decrease the number of arrestees or pretrial 10 or sentenced population of correctional facilities in this state, a 11 majority of the committee members voting may request that a health and 12 human rights impact statement be prepared. The legislature shall by 13 concurrent resolution of the senate and assembly prescribe rules requir- 14 ing health and human rights impact statements to accompany, on a sepa- 15 rate form, bills and amendments to bills after such bills have been 16 reported from committee. Health and human rights impact statements 17 shall be prepared before the bill is considered for final passage. The 18 statement shall indicate whether the bill would have a disparate impact 19 by race, ethnicity, religion, age, gender, gender identity or 20 expression, sexual orientation, immigration status, disability, or hous- 21 ing status composition of the arrestee and correctional facility popu- 22 lation and an explanation of that impact. Any impact statement printed 23 with or prepared for a bill is solely for the purpose of information, 24 summarization and explanation for members of the legislature and shall 25 not be construed to represent the intent of the legislature or either 26 chamber thereof for any purpose. Each impact statement shall bear the 27 following disclaimer: "The following health and human rights impact 28 statement is prepared for the benefit of the members of the legislature, 29 solely for purposes of information, summarization and explanation and 30 does not represent the intent of the legislature or either chamber ther- 31 eof for any purpose." 32 § 7. The legislative law is amended by adding a new section 83-o to 33 read as follows: 34 § 83-o. Legislative commission on health and human rights. 1. The 35 legislature hereby finds that promoting and protecting health and 36 respecting and fulfilling human rights are necessarily linked, and that 37 coordination between health and law enforcement efforts is central to 38 the effective provision of government services for the benefit of the 39 people of the state. 40 2. A legislative commission on health and human rights is hereby 41 established to examine, evaluate and make recommendations concerning 42 rights-based approaches to health and law enforcement interventions. 43 The commission shall act as a mechanism for ongoing and meaningful 44 involvement of those who are or potentially could be affected by this 45 law, including, but not limited to, survivors of trafficking, people who 46 are or are profiled as being involved in the sex trades, communities of 47 color, lesbian, gay, bisexual and transgender people, and people in 48 custodial settings. The commission shall provide monitoring and expert 49 perspective to the legislature, promoting awareness of problems in real 50 time as they emerge, increase cooperation and collaboration between the 51 individuals and communities directly impacted and their legislators, and 52 allow legislators to share responsibility for successes and failures of 53 these initiatives. The commission shall make such recommendations as it 54 may deem necessary as to regulations, policies, programs, and proposed 55 legislation to provide an equitable system of providing for the public 56 safety while also protecting public health, to encourage the most effec-A. 281 4 1 tive use of state and local resources, to preserve the fiscal integrity 2 of both state and local government health systems and otherwise to 3 strengthen the fundamental human right to health. 4 3. The commission shall consist of ten representatives from organiza- 5 tions that promote advocacy by and for directly impacted communities. 6 From among the members so appointed, a chairperson and vice chairperson 7 shall be designated by the joint action of the chairpersons of the 8 senate and assembly health committees. Any vacancy that occurs in the 9 commission or in the chairmanship or vice chairmanship shall be filled 10 in the same manner in which the original appointment or designation was 11 made. 12 4. The commission in addition to the above mentioned powers shall have 13 all the powers and privileges of a legislative committee pursuant to 14 this chapter. 15 5. For the accomplishment of its purpose, the commission shall be 16 authorized and empowered to undertake any study, inquiry, survey, or 17 analysis it may deem relevant through its own personnel in cooperation 18 with or by agreement with any other public or private agency. 19 6. The commission may require and shall receive from any department, 20 board, bureau, commission, authority, office, or other instrumentality 21 of the state, and from any county, city, town or village of this state, 22 such facilities, assistance, and data, as it deems necessary or desira- 23 ble for proper execution of its powers and duties. 24 7. The commission may hold public or private hearings and shall have 25 full powers to subpoena witnesses and all records or data it shall deem 26 necessary or desirable pursuant to this chapter. 27 8. The members of the commission shall serve on a voluntary basis and 28 receive no compensation for their services. 29 § 8. Paragraph (f) of subdivision 4 of section 837 of the executive 30 law, as amended by chapter 169 of the laws of 1994, is amended and a new 31 paragraph (g) is added to read as follows: 32 (f) Accomplish all of the functions, powers, and duties set forth in 33 paragraphs (a), (b), (c) and (d) of this subdivision with respect to the 34 processing and disposition of cases involving violent felony offenses 35 specified in subdivision one of section 70.02 of the penal law[.]; and 36 (g) Accomplish all of the functions, powers, and duties set forth in 37 paragraphs (a), (b), (c) and (d) of this subdivision with respect to all 38 chapters of law resulting from legislative bills that have been subject 39 to the provisions of sections forty-nine and eighty-three-o of the 40 legislative law. The division shall present to the governor, the tempo- 41 rary president of the senate, the minority leader of the senate, the 42 speaker of the assembly and the minority leader of the assembly an annu- 43 al report containing the statistics and other information relevant to 44 this subdivision. 45 § 9. If any provision of this article or the application thereof to 46 any person, circumstances, or political subdivision of this state is 47 adjudged invalid by a court of competent jurisdiction such judgment 48 shall not affect or impair the validity of the other provisions of the 49 article or the application thereof to other political subdivisions of 50 this state, persons, and circumstances. 51 § 10. This act shall take effect on the first of March next succeeding 52 the date on which it shall have become a law; provided, however that the 53 amendments to article 5-A of the legislative law made by section seven 54 of this act shall not affect the repeal of such article and shall be 55 deemed repealed therewith.
