Bill Text: NY S05768 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S05768 Detail]

Download: New_York-2021-S05768-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5768--A
            Cal. No. 657

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 18, 2021
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading

        AN ACT to amend the civil rights law, in relation to creating a  private
          right  of  action for unconsented removal or tampering with a sexually
          protective device

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  52-d to read as follows:
     3    § 52-d. Private right of action for unconsented removal  or  tampering
     4  with  a  sexually protective device. 1. Any person who engaged in sexual
     5  intercourse, oral sexual conduct or anal sexual conduct, as  defined  in
     6  section  130.00  of the penal law, with another person that was mutually
     7  agreed upon by the parties involved with the explicit understanding  and
     8  knowledge  that  a  sexually  protective  device  would  be used to help
     9  prevent  or  safeguard  against  pregnancy  or  a  sexually  transmitted
    10  infection  shall have a private right of action for damages against such
    11  other person under any of the following conditions:
    12    (a) The other person intentionally  and  without  consent  removed  or
    13  tampered  with such sexually protective device during such sexual inter-
    14  course, oral sexual conduct or anal sexual conduct, in a  manner  likely
    15  to render such device ineffective for its common purpose;
    16    (b) The other person intentionally and without consent used a sexually
    17  protective device during such sexual intercourse, oral sexual conduct or
    18  anal  sexual  conduct that such other person knew had been tampered with
    19  in a manner likely to render such  device  ineffective  for  its  common
    20  purpose; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01862-03-2
        S. 5768--A                          2

     1    (c)  The  other  person intentionally misled the person into believing
     2  that a sexually protective device was being used by  such  other  person
     3  during  such  sexual  intercourse,  oral  sexual  conduct or anal sexual
     4  conduct, and such sexually protective device was  known  by  such  other
     5  person to be either not used or inoperable.
     6    2.  Past  consent  to  sexual  activity  without the use of a sexually
     7  protective device shall not alone constitute consent to sexual  activity
     8  without the use of a sexually protective device at any future time.
     9    3.  Damages  recovered  by  a plaintiff pursuant to this section shall
    10  include compensatory damages.  In addition thereto, the  trier  of  fact
    11  may  award punitive damages and such other non-monetary relief as may be
    12  appropriate. In awarding damages, the court may consider  the  emotional
    13  impact  of  the  defendant's  conduct, including but not limited to, the
    14  risk of sexually transmitted diseases, and  the  risk  of  nonconsensual
    15  pregnancy.
    16    4.  Nothing  in  this section shall be deemed to abrogate or otherwise
    17  limit any right or remedy otherwise conferred by federal  or  state  law
    18  including  but  not  limited  to,  any  right or remedy related to child
    19  support, nor shall any award under this section be used to offset  child
    20  support obligations that may arise in connection with this section.
    21    5. For purposes of this section, the term "sexually protective device"
    22  shall  mean  any  one  of the following intended to prevent pregnancy or
    23  sexually transmitted  infection:  male  or  female  condom,  spermicide,
    24  diaphragm,  cervical  cap,  contraceptive sponge, dental dam, or another
    25  physical device.
    26    § 2. This act shall take effect on the ninetieth day  after  it  shall
    27  have  become  a  law, and shall apply to acts occurring on or after such
    28  date.