S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    281
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. BRONSON,
   CRUZ,  EPSTEIN,  GLICK, GONZALEZ-ROJAS, LAVINE, REYES -- 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
 
   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.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 4519-b to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00997-01-3
              

 A. 281                              2
 
   § 4519-B. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
 INTO EVIDENCE.  1. THE FACT OF POSSESSION OF A CONDOM OR OTHER REPRODUC-
 TIVE  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 POLITICAL SUBDIVISION OF THIS STATE, OR BY ANY WORD, RULE
 OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTALITY AUTHORIZED BY  LAW  TO
 ADOPT  THE  SAME  AS EVIDENCE OF PROSTITUTION, PATRONIZING A PROSTITUTE,
 PROMOTING PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A  PREMISES
 FOR  PROSTITUTION,  LEWDNESS  OR ASSIGNATION, MAINTAINING A BAWDY HOUSE,
 COMPELLING PROSTITUTION, OR SEX TRAFFICKING.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
 TIVE OR OTHER TOOL USED TO PREVENT  UNWANTED  PREGNANCY  OR  THE  TRANS-
 MISSION 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-RETRO-
 VIRAL 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 ORDI-
 NANCE  OF  A  POLITICAL  SUBDIVISION OF THIS 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, AS EVIDENCE OF PROSTITUTION OR TRAFFICKING-RELATED ACTIV-
 ITY.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
 TIVE OR OTHER TOOL USED TO PREVENT  UNWANTED  PREGNANCY  OR  THE  TRANS-
 MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
 LIMITED TO MALE CONDOMS, FEMALE CONDOMS, LUBRICANT, PRE-EXPOSURE PROPHY-
 LAXIS  ("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. 281                              3
 
 SEIZURE  OR  CONFISCATION  OF  CONDOMS  AND OTHER REPRODUCTIVE OR SEXUAL
 HEALTH DEVICES IS A BREACH OF PUBLIC POLICY.
   § 6. The legislative law is amended by adding a new section 49 to read
 as follows:
   §  49.  REQUIREMENT  WITH RESPECT TO BILLS AMENDING CERTAIN LAWS WHICH
 AFFECT HEALTH AND HUMAN RIGHTS. WHENEVER A COMMITTEE FAVORABLY REPORTS A
 BILL TO AMEND ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW,  OR,  AT  THE
 DISCRETION  OF  THE VOTING MAJORITY OF THE COMMITTEE, ANY BILL WHICH, IF
 PASSED, WOULD INCREASE OR DECREASE THE NUMBER OF ARRESTEES  OR  PRETRIAL
 OR  SENTENCED  POPULATION  OF  CORRECTIONAL  FACILITIES IN THIS STATE, A
 MAJORITY OF THE COMMITTEE MEMBERS VOTING MAY REQUEST THAT A  HEALTH  AND
 HUMAN  RIGHTS  IMPACT  STATEMENT BE PREPARED.   THE LEGISLATURE SHALL BY
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PRESCRIBE RULES REQUIR-
 ING HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS TO ACCOMPANY, ON  A  SEPA-
 RATE  FORM,  BILLS  AND  AMENDMENTS  TO BILLS AFTER SUCH BILLS HAVE BEEN
 REPORTED FROM COMMITTEE.   HEALTH AND  HUMAN  RIGHTS  IMPACT  STATEMENTS
 SHALL  BE  PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL PASSAGE. THE
 STATEMENT SHALL INDICATE WHETHER THE BILL WOULD HAVE A DISPARATE  IMPACT
 BY   RACE,   ETHNICITY,   RELIGION,  AGE,  GENDER,  GENDER  IDENTITY  OR
 EXPRESSION, SEXUAL ORIENTATION, IMMIGRATION STATUS, DISABILITY, OR HOUS-
 ING STATUS COMPOSITION OF THE ARRESTEE AND CORRECTIONAL  FACILITY  POPU-
 LATION  AND  AN EXPLANATION OF THAT IMPACT. ANY IMPACT STATEMENT PRINTED
 WITH OR PREPARED FOR A BILL IS SOLELY FOR THE  PURPOSE  OF  INFORMATION,
 SUMMARIZATION  AND  EXPLANATION FOR MEMBERS OF THE LEGISLATURE AND SHALL
 NOT BE CONSTRUED TO REPRESENT THE INTENT OF THE  LEGISLATURE  OR  EITHER
 CHAMBER  THEREOF  FOR  ANY PURPOSE. EACH IMPACT STATEMENT SHALL BEAR THE
 FOLLOWING DISCLAIMER: "THE FOLLOWING  HEALTH  AND  HUMAN  RIGHTS  IMPACT
 STATEMENT IS PREPARED FOR THE BENEFIT OF THE MEMBERS OF THE LEGISLATURE,
 SOLELY  FOR  PURPOSES  OF INFORMATION, SUMMARIZATION AND EXPLANATION AND
 DOES NOT REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER CHAMBER THER-
 EOF FOR ANY PURPOSE."
   § 7. The legislative law is amended by adding a new  section  83-o  to
 read as follows:
   §  83-O.  LEGISLATIVE  COMMISSION  ON HEALTH AND HUMAN RIGHTS.  1. THE
 LEGISLATURE HEREBY  FINDS  THAT  PROMOTING  AND  PROTECTING  HEALTH  AND
 RESPECTING  AND FULFILLING HUMAN RIGHTS ARE NECESSARILY LINKED, AND THAT
 COORDINATION BETWEEN HEALTH AND LAW ENFORCEMENT EFFORTS  IS  CENTRAL  TO
 THE  EFFECTIVE  PROVISION  OF GOVERNMENT SERVICES FOR THE BENEFIT OF THE
 PEOPLE OF THE STATE.
   2. A LEGISLATIVE COMMISSION ON  HEALTH  AND  HUMAN  RIGHTS  IS  HEREBY
 ESTABLISHED  TO  EXAMINE,  EVALUATE  AND MAKE RECOMMENDATIONS CONCERNING
 RIGHTS-BASED APPROACHES TO HEALTH  AND  LAW  ENFORCEMENT  INTERVENTIONS.
 THE  COMMISSION  SHALL  ACT  AS  A  MECHANISM FOR ONGOING AND MEANINGFUL
 INVOLVEMENT OF THOSE WHO ARE OR POTENTIALLY COULD BE  AFFECTED  BY  THIS
 LAW, INCLUDING, BUT NOT LIMITED TO, SURVIVORS OF TRAFFICKING, PEOPLE WHO
 ARE  OR ARE PROFILED AS BEING INVOLVED IN THE SEX TRADES, COMMUNITIES OF
 COLOR, LESBIAN, GAY, BISEXUAL AND  TRANSGENDER  PEOPLE,  AND  PEOPLE  IN
 CUSTODIAL  SETTINGS.  THE COMMISSION SHALL PROVIDE MONITORING AND EXPERT
 PERSPECTIVE TO THE LEGISLATURE, PROMOTING AWARENESS OF PROBLEMS IN  REAL
 TIME  AS THEY EMERGE, INCREASE COOPERATION AND COLLABORATION BETWEEN THE
 INDIVIDUALS AND COMMUNITIES DIRECTLY IMPACTED AND THEIR LEGISLATORS, AND
 ALLOW LEGISLATORS TO SHARE RESPONSIBILITY FOR SUCCESSES AND FAILURES  OF
 THESE  INITIATIVES. THE COMMISSION SHALL MAKE SUCH RECOMMENDATIONS AS IT
 MAY DEEM NECESSARY AS TO REGULATIONS, POLICIES, PROGRAMS,  AND  PROPOSED
 LEGISLATION  TO  PROVIDE AN EQUITABLE SYSTEM OF PROVIDING FOR THE PUBLIC
 SAFETY WHILE ALSO PROTECTING PUBLIC HEALTH, TO ENCOURAGE THE MOST EFFEC-
 A. 281                              4
 
 TIVE USE OF STATE AND LOCAL RESOURCES, TO PRESERVE THE FISCAL  INTEGRITY
 OF  BOTH  STATE  AND  LOCAL  GOVERNMENT  HEALTH SYSTEMS AND OTHERWISE TO
 STRENGTHEN THE FUNDAMENTAL HUMAN RIGHT TO HEALTH.
   3.  THE COMMISSION SHALL CONSIST OF TEN REPRESENTATIVES FROM ORGANIZA-
 TIONS THAT PROMOTE ADVOCACY BY AND FOR  DIRECTLY  IMPACTED  COMMUNITIES.
 FROM  AMONG THE MEMBERS SO APPOINTED, A CHAIRPERSON AND VICE CHAIRPERSON
 SHALL BE DESIGNATED BY THE JOINT  ACTION  OF  THE  CHAIRPERSONS  OF  THE
 SENATE  AND  ASSEMBLY  HEALTH COMMITTEES. ANY VACANCY THAT OCCURS IN THE
 COMMISSION OR IN THE CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL  BE  FILLED
 IN  THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIGNATION WAS
 MADE.
   4. THE COMMISSION IN ADDITION TO THE ABOVE MENTIONED POWERS SHALL HAVE
 ALL THE POWERS AND PRIVILEGES OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO
 THIS CHAPTER.
   5.  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSE, THE COMMISSION SHALL BE
 AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDY,  INQUIRY,  SURVEY,  OR
 ANALYSIS  IT  MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION
 WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
   6. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM  ANY  DEPARTMENT,
 BOARD,  BUREAU,  COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY
 OF THE STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS  STATE,
 SUCH  FACILITIES, ASSISTANCE, AND DATA, AS IT DEEMS NECESSARY OR DESIRA-
 BLE FOR PROPER EXECUTION OF ITS POWERS AND DUTIES.
   7. THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND  SHALL  HAVE
 FULL  POWERS TO SUBPOENA WITNESSES AND ALL RECORDS OR DATA IT SHALL DEEM
 NECESSARY OR DESIRABLE PURSUANT TO THIS CHAPTER.
   8. THE MEMBERS OF THE COMMISSION SHALL SERVE ON A VOLUNTARY BASIS  AND
 RECEIVE NO COMPENSATION FOR THEIR SERVICES.
   §  8.  Paragraph  (f) of subdivision 4 of section 837 of the executive
 law, as amended by chapter 169 of the laws of 1994, is amended and a new
 paragraph (g) is added to read as follows:
   (f) Accomplish all of the functions, powers, and duties set  forth  in
 paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
 processing  and  disposition  of cases involving violent felony offenses
 specified in subdivision one of section 70.02 of the penal law[.]; AND
   (G) ACCOMPLISH ALL OF THE FUNCTIONS, POWERS, AND DUTIES SET  FORTH  IN
 PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ALL
 CHAPTERS  OF LAW RESULTING FROM LEGISLATIVE BILLS THAT HAVE BEEN SUBJECT
 TO THE PROVISIONS OF  SECTIONS  FORTY-NINE  AND  EIGHTY-THREE-O  OF  THE
 LEGISLATIVE  LAW. THE DIVISION SHALL PRESENT TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF  THE  SENATE,  THE
 SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AN ANNU-
 AL  REPORT  CONTAINING  THE STATISTICS AND OTHER INFORMATION RELEVANT TO
 THIS SUBDIVISION.
   § 9. If any provision of this article 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
 article or the application thereof to other  political  subdivisions  of
 this state, persons, and circumstances.
   § 10. This act shall take effect on the first of March next succeeding
 the date on which it shall have become a law; provided, however that the
 amendments  to  article 5-A of the legislative law made by section seven
 of this act shall not affect the repeal of such  article  and  shall  be
 deemed repealed therewith.