senate Bill S5638

2015-2016 Legislative Session

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; repealer

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
May 21, 2015 referred to judiciary


S5638 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.49, rpld §160.10 sub 1 ¶(d), amd §160.55, CP L; amd §§841 & 837, Exec L; add §§49 & 83-n, Leg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5062, A6243, A7061
2019-2020: S728, S8773, A5177
2021-2022: S2878, A4273
2023-2024: S2543, A281

S5638 (ACTIVE) - Summary

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.

S5638 (ACTIVE) - Sponsor Memo

S5638 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K

    S. 5638                                                  A. 7671

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 21, 2015

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-

IN  ASSEMBLY  -- Introduced by M. of A. WALKER -- 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; and repeal-
  ing certain provisions of the criminal procedure law relating thereto


  Section 1. This act shall be known and may be cited as the "End crimi-
nalization of condoms act".
  S 2. Legislative findings. The legislature hereby finds that promoting
and  protecting  health  and  respecting and fulfilling human rights are
necessarily  linked,  and  that  health-oriented  and  rights-based  law
enforcement efforts are central to the effective provision of government
services for the benefit of the people of the State. Article 17, section
3 of the New York constitution requires that the legislature protect and
promote  the  health  of  the  inhabitants  of this state as a matter of
public concern. Despite these provisions, for  purposes  of  prosecuting
certain  criminal,  civil  and administrative offenses, reproductive and
sexual health tools, including condoms, are currently  being  destroyed,
confiscated,  or  used  as  evidence  by  law enforcement officers. This
legislation is intended to strengthen the public health of all New York-
ers, including the most vulnerable, while preserving the ability of  law
enforcement  to  prosecute  other crimes such as felony sexual offenses.
The purpose of this bill is to avoid the disparate impact of  the  prac-
tice of citing condoms and other reproductive and sexual health tools as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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