senate Bill S2878

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Jan 26, 2021 referred to judiciary

S2878 (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:
2015-2016: S5638
2017-2018: S5062
2019-2020: S728, S8773
2023-2024: S2543

S2878 (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.

S2878 (ACTIVE) - Sponsor Memo

S2878 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                             January 26, 2021
 Introduced  by  Sen.  RAMOS  -- 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
   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.

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


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