The New York State Senate

                    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.

                                                           LBD03543-02-9

S. 729--A                           2

tools as evidence upon survivors of trafficking and people  who  are  or
are profiled as being engaged in the sex trades.
  §  3.  The  civil  practice  law  and rules is amended by adding a new
section 4519-a to read as follows:
  § 4519-A. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
INTO EVIDENCE.  1. EVIDENCE THAT A PERSON WAS IN POSSESSION OF A  CONDOM
OR  OTHER  REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE 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, SECTIONS
TWELVE-A AND TWENTY-THREE HUNDRED  TWENTY  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, OR BY ANY LAW, LOCAL
LAW OR ORDINANCE OF A  MUNICIPALITY  OR  POLITICAL  SUBDIVISION  OF  THE
STATE,  OR  ANY WORD, RULE, OR REGULATION OF ANY GOVERNMENTAL INSTRUMEN-
TALITY AUTHORIZED BY LAW TO ADOPT THE SAME AS EVIDENCE OF CONDUCT  WHICH
WOULD  CONSTITUTE  AN  OFFENSE  DEFINED IN ARTICLE TWO HUNDRED THIRTY OR
SECTION 240.37 OF THE PENAL LAW.
  2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT  UNWANTED
PREGNANCY  OR  THE  TRANSMISSION  OF  HIV  OR OTHER SEXUALLY TRANSMITTED
DISEASES, INCLUDING BUT NOT LIMITED TO  MALE  CONDOMS,  FEMALE  CONDOMS,
LUBRICANTS,  PRE-EXPOSURE  PROPHYLAXIS (PREP), POST-EXPOSURE PROPHYLAXIS
(PEP), HIV ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE,  HORMONAL  METHODS,
EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
  §  4. 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  OR  OTHER REPRODUCTIVE OR SEXUAL HEALTH
          DEVICE; receipt into evidence.
  1. Evidence that a person was in possession of one or more condoms  OR
OTHER  REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE may not be admitted at any
trial, hearing, or  other  proceeding  in  a  prosecution  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,  OR
SECTION  SIXTY-FIVE  HUNDRED  TWELVE  OF  THE EDUCATION LAW, OR ANY LAW,
LOCAL LAW OR ORDINANCE OF A MUNICIPALITY OR POLITICAL SUBDIVISION OF THE
STATE, OR ANY WORD, RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTAL-
ITY AUTHORIZED BY LAW TO ADOPT THE SAME, for the purpose of establishing
probable cause for an arrest  or  proving  any  person's  commission  or
attempted commission of such offense.
  2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
BE  LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT UNWANTED
PREGNANCY OR THE TRANSMISSION  OF  HIV  OR  OTHER  SEXUALLY  TRANSMITTED
DISEASES,  INCLUDING  BUT  NOT  LIMITED TO MALE CONDOMS, FEMALE CONDOMS,
LUBRICANTS, PRE-EXPOSURE PROPHYLAXIS (PREP),  POST-EXPOSURE  PROPHYLAXIS
(PEP),  HIV  ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE, HORMONAL METHODS,
EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
  § 5. Section 841 of the executive law  is  amended  by  adding  a  new
subdivision 7-b to read as follows:
  7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
SECTION FORTY-FIVE HUNDRED NINETEEN-A OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL

S. 729--A                           3

HEALTH DEVICES AS EVIDENCE IN CERTAIN TRIALS, HEARINGS  OR  PROCEEDINGS,
OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT UNAUTHORIZED
SEIZURE  OR  CONFISCATION  OF  CONDOMS  AND OTHER REPRODUCTIVE OR SEXUAL
HEALTH DEVICES AS A BREACH OF PUBLIC POLICY;
  §  6.  If any provision of this legislation or the application thereof
to any person, circumstances, or political subdivision of this state  is
adjudged  invalid  by  a  court  of competent jurisdiction such judgment
shall not affect or impair the validity of the other provisions  of  the
legislation  or  the application thereof to other political subdivisions
of this state, persons, and circumstances.
  § 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.