S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2543
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 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
 
   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 "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.
                                                            LBD06056-01-3
 S. 2543                             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. 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 AND INFECTIONS,
 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  POLITICAL  SUBDIVISION  OF THIS STATE, OR ANY WORD, RULE OR REGU-
 LATION 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 ACTIVITY.
   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  AND  INFECTIONS,
 INCLUDING  BUT  NOT  LIMITED TO MALE CONDOMS, FEMALE CONDOMS, LUBRICANT,
 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
 S. 2543                             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 ARTICLES TWO HUNDRED THIRTY OR SECTION 240.37 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 ARRES-
 TEES 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  REQUIRING HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS TO ACCOMPANY,
 ON A SEPARATE 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 SEX WORK, 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-
 S. 2543                             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.