New York 2025-2026 Regular Session

New York Senate Bill S09798

Introduced
4/6/26  
Refer
4/6/26  

Caption

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.

Impact

This bill aims to enhance public health policy in New York by removing the fear of legal repercussions associated with carrying reproductive health devices. Currently, condoms and similar items can be misused as evidence against individuals, particularly those who might be survivors of trafficking or involved in sex work. By prohibiting these items from serving as evidence, S09798 strives to encourage safer practices, thus promoting overall sexual health and safety among residents. The legislation reflects a recognition of the need for comprehensive public health measures that do not inadvertently criminalize preventive health tools.

Summary

Bill S09798, titled the 'End Criminalization of Condoms Act', seeks to amend New York's civil practice law, criminal procedure law, and executive law regarding the use of reproductive and sexual health devices, such as condoms, in legal proceedings. The central aim of this legislation is to prevent such items from being admitted as evidence in cases related to prostitution or offenses defined in Article 230 of the penal law. The bill emphasizes the importance of protecting public health and human rights while enabling law enforcement to address more serious crimes without compromising the rights of vulnerable populations.

Contention

Despite the potential benefits, the bill may spark debate among stakeholders regarding law enforcement's ability to prosecute related offenses effectively. Critics of this legislation might argue that while the intention to protect individuals carrying condoms or reproductive devices is commendable, it could complicate the prosecutorial landscape concerning sex trafficking and related crimes. Balancing public health objectives with crime prevention strategies presents a challenge as lawmakers consider the implications of removing such evidence from legal contexts.

Companion Bills

NY A00178

Same As 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.

Previously Filed As

NY S07448

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.

NY A00178

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.

NY A09186

Prohibits the introduction of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress; defines "sexual conduct"; requires the motion, related materials, and the record of the hearing be and remain sealed.

NY S09894

Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.

NY A09417

Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.

NY S09585

Requires that all sexual offense evidence shall be kept in a locked, separate and secure area for twenty years from the date of collection or until the victim's fortieth birthday, whichever is later; makes other sexual offense evidence collection kit procedures.

NY A10542

Requires that all sexual offense evidence shall be kept in a locked, separate and secure area for twenty years from the date of collection or until the victim's fortieth birthday, whichever is later; makes other sexual offense evidence collection kit procedures.

NY A06382

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.

NY S09758

Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.

NY A07896

Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.

Similar Bills

No similar bills found.