Bill Text: NY S04834 | 2021-2022 | General Assembly | Amended
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 6-0)
Status: (Introduced - Dead) 2022-03-14 - REPORTED AND COMMITTED TO CODES [S04834 Detail]
Download: New_York-2021-S04834-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4834--B 2021-2022 Regular Sessions IN SENATE February 16, 2021 ___________ Introduced by Sens. BIAGGI, HOYLMAN, KRUEGER, STAVISKY -- 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 -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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. LBD08338-04-2S. 4834--B 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-b to read as follows: 5 § 4519-b. 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 of the 18 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 amended by chap- 27 ter 23 of the laws of 2021, is amended to read as follows: 28 § 60.47 Possession of condoms or other reproductive or sexual health 29 device; receipt into evidence. 30 1. Evidence that a person was in possession of one or more condoms or 31 other reproductive or sexual health device may not be admitted at any 32 trial, hearing, or other proceeding in a prosecution for [section33230.00] any offense, or an attempt to commit any offense, defined in 34 article two hundred thirty of the penal law, or section sixty-five 35 hundred twelve of the education law, or any law, local law or ordinance 36 of a municipality or political subdivision of the state, or any word, 37 rule or regulation of any governmental instrumentality authorized by law 38 to adopt the same, for the purpose of establishing probable cause for an 39 arrest or proving any person's commission or attempted commission of 40 such offense. 41 2. "Reproductive or sexual health device" shall include, but shall not 42 be limited to, any contraceptive or other tool used to prevent unwanted 43 pregnancy or the transmission of HIV or other sexually transmitted 44 diseases, including but not limited to male condoms, female condoms, 45 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis 46 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods, 47 emergency contraception, diaphragm, cervical cap, or sponge. 48 § 5. Section 841 of the executive law is amended by adding a new 49 subdivision 7-c to read as follows: 50 7-c. Take such steps as may be necessary to ensure that all police 51 officers and peace officers certified pursuant to subdivision three of 52 this section receive appropriate instruction regarding the evidentiary 53 prohibition set forth in section 60.47 of the criminal procedure law and 54 section forty-five hundred nineteen-b of the civil practice law and 55 rules relating to the use of condoms and other reproductive or sexual 56 health devices as evidence in certain trials, hearings or proceedings,S. 4834--B 3 1 or as a basis for probable cause for arrest, including that unauthorized 2 seizure or confiscation of condoms and other reproductive or sexual 3 health devices as a breach of public policy; 4 § 6. If any provision of this legislation or the application thereof 5 to any person, circumstances, or political subdivision of this state is 6 adjudged invalid by a court of competent jurisdiction such judgment 7 shall not affect or impair the validity of the other provisions of the 8 legislation or the application thereof to other political subdivisions 9 of this state, persons, and circumstances. 10 § 7. This act shall take effect on the first of November next succeed- 11 ing the date on which it shall have become a law.
