senate Bill S729A

2019-2020 Legislative Session

Prohibits using possession of reproductive or sexual health devices as evidence in a trial, hearing or proceeding in certain circumstances

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2019 print number 729a
May 06, 2019 amend (t) and recommit to judiciary
Jan 09, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

S729 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; amd §60.47, CP L; amd §841, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1289
2011-2012: S323
2013-2014: S1379
2015-2016: S1018
2017-2018: S5694

S729 - Summary

Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of section 240.37 of the penal law.

S729 - Sponsor Memo

S729 - Bill Text download pdf


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

                                   729

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. MONTGOMERY, COMRIE, HOYLMAN, KRUEGER, RIVERA -- 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 and the executive law, in relation to  prohibiting  possession  of
  contraceptive  devices  from  being permitted in specified criminal or
  civil proceedings as evidence of prostitution

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
section 4519-a to read as follows:
  § 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
A  CONDOM  MAY  NOT  BE  RECEIVED  IN  EVIDENCE IN ANY TRIAL, HEARING OR
PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
OF THE MULTIPLE DWELLING LAW, SECTION TWELVE-A OF THE PUBLIC HEALTH LAW,
SECTION TWO HUNDRED THIRTY-ONE OF THE REAL PROPERTY LAW  OR  SUBDIVISION
FIVE  OF  SECTION SEVEN HUNDRED ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN
OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AS EVIDENCE OF  PROSTI-
TUTION,  PATRONIZING  A  PROSTITUTE,  PROMOTING PROSTITUTION, PERMITTING
PROSTITUTION, MAINTAINING  A  PREMISES  FOR  PROSTITUTION,  LEWDNESS  OR
ASSIGNATION, OR MAINTAINING A BAWDY HOUSE.
  §  2. Section 60.47 of the criminal procedure law, as added by section
2 of part I of chapter 57 of the laws of 2015, is  amended  to  read  as
follows:
§ 60.47 Possession of condoms; receipt into evidence.
  Evidence  that  a  person was in possession of one or more condoms may
not be admitted at any trial, hearing, or other proceeding in  a  prose-
cution  for  [section  230.00]  ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY
OFFENSE, DEFINED IN ARTICLE TWO HUNDRED THIRTY or section 240.37 of  the
penal  law  for the purpose of establishing probable cause for an arrest

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S729A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; amd §60.47, CP L; amd §841, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1289
2011-2012: S323
2013-2014: S1379
2015-2016: S1018
2017-2018: S5694

S729A (ACTIVE) - Summary

Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of section 240.37 of the penal law.

S729A (ACTIVE) - Sponsor Memo

S729A (ACTIVE) - Bill Text download pdf


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

                                 729--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. MONTGOMERY, COMRIE, HOYLMAN, KRUEGER, LIU, PERSAUD,
  RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
  be committed to the Committee on Judiciary  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the civil practice law and rules, the criminal procedure
  law and the executive law, in relation to  prohibiting  possession  of
  reproductive  or  sexual health devices from being permitted in speci-
  fied criminal or civil proceedings as evidence of prostitution

  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. Section 3 of arti-
cle 17 of the New York state 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, repro-
ductive 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
Yorkers, including the most vulnerable, while preserving the ability  of
law  enforcement  to  prosecute  other  crimes  such  as  felony  sexual
offenses. The purpose of this act is to avoid the  disparate  impact  of
the  practice of citing condoms and other reproductive and sexual health

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.