assembly Bill A4273

2021-2022 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

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Feb 01, 2021 referred to codes

Co-Sponsors

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A4273 (ACTIVE) - Details

Current Committee:
Assembly Codes
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: A7671
2017-2018: A6243, A7061
2019-2020: A5177

A4273 (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.

A4273 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4273
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. WALKER, QUART, GLICK, REYES, BRONSON, LAVINE,
   GOTTFRIED, DE LA ROSA, CRUZ -- read once and referred to the Committee
   on Codes
 
 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
 evidence  upon  survivors  of  trafficking  and  people  who  are or are
 profiled as being engaged in the sex trades.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.