senate Bill S8773

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 referred to rules

S8773 (ACTIVE) - Details

Current Committee:
Senate Rules
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

S8773 (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.

S8773 (ACTIVE) - Sponsor Memo

S8773 (ACTIVE) - Bill Text download pdf


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

                                  8773

                            I N  S E N A T E

                              July 15, 2020
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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  "Decrimi-
nalize 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 sex work.
  § 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. THE FACT OF POSSESSION OF A CONDOM OR OTHER REPRODUC-

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

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