|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2019||referred to judiciary|
senate Bill S728
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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:
S728 (ACTIVE) - Sponsor Memo
BILL NUMBER: S728 SPONSOR: MONTGOMERY TITLE OF BILL: 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 criminal procedure law relating thereto PURPOSE: The purpose of this bill is to codify the commitment to public health enshrined in the New York State Constitution, by prohibiting the use in criminal, civil or administrative proceedings of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prostitution or trafficking-related offenses, and to assess and reduce the disparate impacts of this practice upon members of vulnerable populations, such as survivors of trafficking and people who are or are profiled as engaging in the sex trades.
S728 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 728 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sens. MONTGOMERY, BAILEY, COMRIE, HOYLMAN, PARKER, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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