Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 | referred to judiciary |
May 24, 2017 | print number 5062a |
May 24, 2017 | amend (t) and recommit to judiciary |
Mar 06, 2017 | referred to judiciary |
senate Bill S5062A
Sponsored By
Velmanette Montgomery
(D) 0 Senate District
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
Your Voice
Actions
Bill Amendments
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Leroy Comrie
(D) 14th Senate District
Brad Hoylman
(D, WF) 27th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
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
S5062 - Sponsor Memo
BILL NUMBER: S5062 TITLE OF BILL : 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 thereto PURPOSE : The purpose of this bill is to codify the commitment to public health enshrined in the New York State Constitution, by prohibiting the use in criminal, civil or administrative proceedings of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prostitution or trafficking-related offenses, and to assess and reduce the disparate impacts of this practice upon members of vulnerable populations, such as survivors of trafficking and people who are or are profiled as engaging in the sex trades. EXISTING LAW : Currently, possession of condoms may be introduced as evidence of prostitution and trafficking-related offenses in most criminal, civil and administrative proceedings except misdemeanor prostitution and
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
Jamaal T. Bailey
(D) 36th Senate District
Leroy Comrie
(D) 14th Senate District
Jesse Hamilton
(D) 0 Senate District
Brad Hoylman
(D, WF) 27th Senate District
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
S5062A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5062A TITLE OF BILL : 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 criminal procedure law relating thereto PURPOSE : The purpose of this bill is to codify the commitment to public health enshrined in the New York State Constitution, by prohibiting the use in criminal, civil or administrative proceedings of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prostitution or trafficking-related offenses, and to assess and reduce the disparate impacts of this practice upon members of vulnerable populations, such as survivors of trafficking and people who are or are profiled as engaging in the sex trades. EXISTING LAW : Currently, possession of condoms may be introduced as evidence of prostitution and trafficking-related offenses in most criminal, civil and administrative proceedings except misdemeanor prostitution and
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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