senate Bill S728

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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Sponsored By

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 09, 2019 referred to judiciary


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S728 (ACTIVE) - Details

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
2017-2018: S5062
2021-2022: S2878

S728 (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.

S728 (ACTIVE) - Sponsor Memo

S728 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E


                             January 9, 2019

  PERSAUD, RIVERA, SAVINO, SERRANO -- 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  paragraph (d) of subdivision 1 of section 160.10 of the crimi-
  nal procedure law relating thereto


  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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