assembly Bill A5177

2019-2020 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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Archive: Last Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Feb 07, 2019 referred to codes

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Multi-Sponsors

A5177 (ACTIVE) - Details

Current Committee:
Assembly Codes
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: A7671
2017-2018: A6243, A7061
2021-2022: A4273

A5177 (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.

A5177 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5177

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2019
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Codes

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
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.
                                                           LBD03439-02-9