Senate Bill S5062A

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S5062 - Details

See Assembly Version of this Bill:
A7061
Current Committee:
Senate Judiciary
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: S5638, A7671
2019-2020: S728, S8773, A5177
2021-2022: S2878, A4273
2023-2024: S2543, A281

2017-S5062 - 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.

2017-S5062 - Sponsor Memo

2017-S5062 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5062
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced   by  Sens.  MONTGOMERY,  BAILEY,  COMRIE,  HOYLMAN,  PARKER,
   PERSAUD, RIVERA, SAVINO -- 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, 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.
              

co-Sponsors

2017-S5062A (ACTIVE) - Details

See Assembly Version of this Bill:
A7061
Current Committee:
Senate Judiciary
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: S5638, A7671
2019-2020: S728, S8773, A5177
2021-2022: S2878, A4273
2023-2024: S2543, A281

2017-S5062A (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.

2017-S5062A (ACTIVE) - Sponsor Memo

2017-S5062A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5062--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced   by  Sens.  MONTGOMERY,  BAILEY,  COMRIE,  HOYLMAN,  PARKER,
   PERSAUD, RIVERA, SAVINO, SERRANO, SQUADRON -- read twice  and  ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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