Senate Bill S7157A

2017-2018 Legislative Session

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2017-S7157 - Details

See Assembly Version of this Bill:
A8734
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §52-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4400, A1313
2021-2022: S5768, A665
2023-2024: S4032, A157

2017-S7157 - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2017-S7157 - Sponsor Memo

2017-S7157 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7157
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to creating a  private
   right  of  action for unconsented removal or tampering with a sexually
   protective device

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-b to read as follows:
   § 52-B. PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL  OR  TAMPERING
 WITH  A  SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED IN SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS  DEFINED  IN
 SECTION  130.00  OF THE PENAL LAW, WITH ANOTHER PERSON THAT WAS MUTUALLY
 AGREED UPON BY THE PARTIES INVOLVED WITH THE EXPLICIT UNDERSTANDING  AND
 KNOWLEDGE  THAT  A SEXUALLY PROTECTIVE DEVICE WOULD BE USED SHALL HAVE A
 PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST SUCH OTHER PERSON UNDER  ANY
 OF THE FOLLOWING CONDITIONS:
   (A)  THE  OTHER  PERSON  INTENTIONALLY  AND WITHOUT CONSENT REMOVED OR
 TAMPERED WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL  INTER-
 COURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A MANNER LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL SEXUAL CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN  TAMPERED  WITH
 IN  A  MANNER  LIKELY  TO  RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON
 PURPOSE; OR
   (C) THE OTHER PERSON INTENTIONALLY MISLED THE  PERSON  INTO  BELIEVING
 THAT  A  SEXUALLY  PROTECTIVE DEVICE WAS BEING USED BY SUCH OTHER PERSON
 DURING SUCH SEXUAL INTERCOURSE,  ORAL  SEXUAL  CONDUCT  OR  ANAL  SEXUAL
 CONDUCT,  AND  SUCH  SEXUALLY  PROTECTIVE DEVICE WAS KNOWN BY SUCH OTHER
 PERSON TO BE EITHER NOT USED OR INOPERABLE.
   2. ANY CLAIM MADE PURSUANT TO THIS  SECTION  MUST  MEET  THE  PLEADING
 REQUIREMENTS  OF  SUBDIVISION  (B) OF RULE THREE THOUSAND SIXTEEN OF THE
 
              

2017-S7157A (ACTIVE) - Details

See Assembly Version of this Bill:
A8734
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §52-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4400, A1313
2021-2022: S5768, A665
2023-2024: S4032, A157

2017-S7157A (ACTIVE) - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2017-S7157A (ACTIVE) - Sponsor Memo

2017-S7157A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7157--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the civil rights law, in relation to creating a private
   right of action for unconsented removal or tampering with  a  sexually
   protective device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 52-b to read as follows:
   §  52-B.  PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL OR TAMPERING
 WITH A SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED  IN  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS DEFINED IN
 SECTION 130.00 OF THE PENAL LAW, WITH ANOTHER PERSON THAT  WAS  MUTUALLY
 AGREED  UPON BY THE PARTIES INVOLVED WITH THE EXPLICIT UNDERSTANDING AND
 KNOWLEDGE THAT A SEXUALLY  PROTECTIVE  DEVICE  WOULD  BE  USED  TO  HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST  SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A)  THE  OTHER  PERSON  INTENTIONALLY  AND WITHOUT CONSENT REMOVED OR
 TAMPERED WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL  INTER-
 COURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A MANNER LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL SEXUAL CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN  TAMPERED  WITH
 IN  A  MANNER  LIKELY  TO  RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON
 PURPOSE; OR
   (C) THE OTHER PERSON INTENTIONALLY MISLED THE  PERSON  INTO  BELIEVING
 THAT  A  SEXUALLY  PROTECTIVE DEVICE WAS BEING USED BY SUCH OTHER PERSON
 DURING SUCH SEXUAL INTERCOURSE,  ORAL  SEXUAL  CONDUCT  OR  ANAL  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.