Assembly Bill A5177

2019-2020 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 Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5177 (ACTIVE) - Details

Current Committee:
Assembly Codes
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: A7671
2017-2018: A6243, A7061
2021-2022: A4273
2023-2024: A281

2019-A5177 (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.

2019-A5177 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5177
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- 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; 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 "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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03439-02-9
              

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