assembly Bill A7061A

2017-2018 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

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 07, 2017 print number 7061a
Jun 07, 2017 amend (t) and recommit to codes
Mar 29, 2017 referred to codes

A7061 - Details

See Senate Version of this Bill:
S5062
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; amd §§60.47, 160.10 & 160.55, rpld §160.10 sub 1 ¶(d), CP L; amd §§841 & 837, Exec L; add §§49 & 83-n, Leg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7671, S5638
2019-2020: A5177, S728, S8773
2021-2022: A4273, S2878

A7061 - 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.

A7061 - Bill Text download pdf


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

                                  7061

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 29, 2017
                               ___________

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  to
  repeal certain provisions of the criminal procedure law relating ther-
  eto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "End crimi-
nalization of condoms act".
  § 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
evidence upon survivors  of  trafficking  and  people  who  are  or  are
profiled as being engaged in the sex trades.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06195-02-7

Co-Sponsors

A7061A (ACTIVE) - Details

See Senate Version of this Bill:
S5062
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; amd §§60.47, 160.10 & 160.55, rpld §160.10 sub 1 ¶(d), CP L; amd §§841 & 837, Exec L; add §§49 & 83-n, Leg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7671, S5638
2019-2020: A5177, S728, S8773
2021-2022: A4273, S2878

A7061A (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.

A7061A (ACTIVE) - Bill Text download pdf


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

                                 7061--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 29, 2017
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on  Codes  -- 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, 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 to
  repeal paragraph (d) of subdivision 1 of section 160.10 of the  crimi-
  nal procedure law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "End crimi-
nalization of condoms act".
  § 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
evidence upon survivors  of  trafficking  and  people  who  are  or  are
profiled as being engaged in the sex trades.

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