senate Bill S5062

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

Current Bill Status - In Senate Judiciary 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 judiciary
May 24, 2017 print number 5062a
May 24, 2017 amend (t) and recommit to judiciary
Mar 06, 2017 referred to judiciary

Co-Sponsors

view additional co-sponsors

S5062 - Details

See Assembly Version of this Bill:
A7061
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 2015-2016 Legislative Session:
S5638, A7671

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.

S5062 - Sponsor Memo

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".
  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
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

view additional co-sponsors

S5062A (ACTIVE) - Details

See Assembly Version of this Bill:
A7061
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 2015-2016 Legislative Session:
S5638, A7671

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.

S5062A (ACTIVE) - Sponsor Memo

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".
  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.
                                                           LBD06195-03-7

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