New York S 9798: Prohibits using possession of reproductive or sexual health devices as evidence in a trial, hearing or proceeding in certain circumstances

Bill Text

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S09798 Summary:

BILL NOS09798 

&nbsp

SAME ASSAME AS A00178

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRKRUEGER, MYRIE, PARKER, RAMOS, SALAZAR, STAVISKY

&nbsp

MLTSPNSR

&nbsp

Add §4519-b, CPLR; amd §60.47, CP L; amd §841, Exec L

&nbsp

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.

Go to top S09798 Actions:

BILL NOS09798 

&nbsp

04/06/2026REFERRED TO JUDICIARY

05/05/2026REPORTED AND COMMITTED TO CODES

Go to topS09798 Committee&nbspVotes:

Go to topS09798 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09798 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9798

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sens. SEPULVEDA, KRUEGER, RAMOS, SALAZAR, STAVISKY -- 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 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:

 1 Section 1. This act shall be known and may be cited as the "end crimi-
 2 nalization of condoms act".
 3 § 2. Legislative findings. The legislature hereby finds that promoting
 4 and protecting health and respecting and fulfilling human rights are
 5 necessarily linked, and that health-oriented and rights-based law
 6 enforcement efforts are central to the effective provision of government
 7 services for the benefit of the people of the state. Section 3 of arti-
 8 cle 17 of the New York state constitution requires that the legislature
 9 protect and promote the health of the inhabitants of this state as a
 10 matter of public concern. Despite these provisions, for purposes of
 11 prosecuting certain criminal, civil and administrative offenses, repro-
 12 ductive and sexual health tools, including condoms, are currently being
 13 destroyed, confiscated, or used as evidence by law enforcement officers.
 14 This legislation is intended to strengthen the public health of all New
 15 Yorkers, including the most vulnerable, while preserving the ability of
 16 law enforcement to prosecute other crimes such as felony sexual
 17 offenses. The purpose of this act is to avoid the disparate impact of
 18 the practice of citing condoms and other reproductive and sexual health
 19 tools as evidence upon survivors of trafficking and people who are or
 20 are profiled as being engaged in the sex trades.
 21 § 3. The civil practice law and rules is amended by adding a new
 22 section 4519-b to read as follows:
 23 § 4519-b. Possession of reproductive or sexual health devices; receipt
 24 into evidence. 1. Evidence that a person was in possession of a condom
 25 or other reproductive or sexual health device may not be received in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00164-01-5

 S. 9798 2

 1 evidence in any trial, hearing or proceeding pursuant to subdivision one
 2 of section twelve and article ten of the multiple dwelling law, sections
 3 twelve-a and twenty-three hundred twenty of the public health law,
 4 section two hundred thirty-one of the real property law or subdivision
 5 five of section seven hundred eleven and section seven hundred fifteen
 6 of the real property actions and proceedings law, or by any law, local
 7 law or ordinance of a municipality or political subdivision of the
 8 state, or any word, rule, or regulation of any governmental instrumen-
 9 tality authorized by law to adopt the same as evidence of conduct which
 10 would constitute an offense defined in article two hundred thirty of the
 11 penal law.
 12 2. "Reproductive or sexual health device" shall include, but shall not
 13 be limited to, any contraceptive or other tool used to prevent unwanted
 14 pregnancy or the transmission of HIV or other sexually transmitted
 15 disease