Assembly Bill A1313C

2019-2020 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 - On Floor Calendar

  • 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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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A1313 - Details

See Senate Version of this Bill:
S4400
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032

2019-A1313 - Summary

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

2019-A1313 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1313
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY, CROUCH, DINOWITZ --
   Multi-Sponsored by -- M. of  A.  D'URSO,  SOLAGES  --  read  once  and
   referred to the Committee on Judiciary
 
 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
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A1313A - Details

See Senate Version of this Bill:
S4400
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032

2019-A1313A - Summary

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

2019-A1313A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY, CROUCH, DINOWITZ --
   Multi-Sponsored by -- M. of  A.  D'URSO,  SOLAGES  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-02-9

co-Sponsors

multi-Sponsors

2019-A1313B - Details

See Senate Version of this Bill:
S4400
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032

2019-A1313B - Summary

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

2019-A1313B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY,  CROUCH,  DINOWITZ,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO,  SOLAGES  --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-04-9

co-Sponsors

multi-Sponsors

2019-A1313C (ACTIVE) - Details

See Senate Version of this Bill:
S4400
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032

2019-A1313C (ACTIVE) - Summary

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

2019-A1313C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY,  CROUCH,  DINOWITZ,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO,  SOLAGES  --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the Committee  on  Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- 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-c to read as follows:
   § 52-C. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-06-0

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