S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7238--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced  by  M.  of A. CRUZ, FERNANDEZ, GLICK, SIMON -- read once and
   referred to the Committee on Judiciary -- recommitted to the Committee
   on Judiciary in accordance with Assembly Rule 3, sec. 2  --  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
 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.
                                                            LBD08338-05-2
              

 A. 7238--A                          2
 
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 4519-b to read as follows:
   § 4519-B. 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 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 amended by chap-
 ter 23 of the laws of 2021, 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  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 INSTRUMENTALITY 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-c to read as follows:
   7-C.  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-B OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL
 HEALTH DEVICES AS EVIDENCE IN CERTAIN TRIALS, HEARINGS  OR  PROCEEDINGS,
 OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT UNAUTHORIZED
 A. 7238--A                          3
 
 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.