assembly Bill A7238

2021-2022 Legislative Session

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

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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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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Apr 29, 2021 referred to judiciary

A7238 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly 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
2019-2020: S729

A7238 (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 the penal law.

A7238 (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  A S S E M B L Y
                              April 29, 2021
 Introduced  by  M. of A. CRUZ -- read once and referred 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
   reproductive  or  sexual health devices from being permitted in speci-
   fied criminal or civil proceedings as evidence of prostitution
   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
 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:

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