Bill Text: NY S04834 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 6-0)

Status: (Introduced - Dead) 2022-03-14 - REPORTED AND COMMITTED TO CODES [S04834 Detail]

Download: New_York-2021-S04834-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4834

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- 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-a to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08338-01-1
        S. 4834                             2

     1    § 4519-a. 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  or
    14  section 240.37 of the 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 added by  section
    23  2  of  part  I  of chapter 57 of the laws of 2015, is amended to read as
    24  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 [section
    30  230.00] any offense, or an attempt to commit  any  offense,  defined  in
    31  article  two  hundred  thirty  or  section  240.37  of the penal law, or
    32  section sixty-five hundred twelve of the  education  law,  or  any  law,
    33  local law or ordinance of a municipality or political subdivision of the
    34  state, or any word, rule or regulation of any governmental instrumental-
    35  ity authorized by law to adopt the same, for the purpose of establishing
    36  probable  cause  for  an  arrest  or  proving any person's commission or
    37  attempted commission of such offense.
    38    2. "Reproductive or sexual health device" shall include, but shall not
    39  be limited to, any contraceptive or other tool used to prevent  unwanted
    40  pregnancy  or  the  transmission  of  HIV  or other sexually transmitted
    41  diseases, including but not limited to  male  condoms,  female  condoms,
    42  lubricants,  pre-exposure  prophylaxis (PrEP), post-exposure prophylaxis
    43  (PEP), HIV anti-retroviral  medication,  spermicide,  hormonal  methods,
    44  emergency contraception, diaphragm, cervical cap, or sponge.
    45    §  5.  Section  841  of  the  executive law is amended by adding a new
    46  subdivision 7-b to read as follows:
    47    7-b. Take such steps as may be necessary to  ensure  that  all  police
    48  officers  and  peace officers certified pursuant to subdivision three of
    49  this section receive appropriate instruction regarding  the  evidentiary
    50  prohibition set forth in section 60.47 of the criminal procedure law and
    51  section  forty-five  hundred  nineteen-a  of  the civil practice law and
    52  rules relating to the use of condoms and other  reproductive  or  sexual
    53  health  devices  as evidence in certain trials, hearings or proceedings,
    54  or as a basis for probable cause for arrest, including that unauthorized
    55  seizure or confiscation of condoms  and  other  reproductive  or  sexual
    56  health devices as a breach of public policy;
        S. 4834                             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.