New York 2025-2026 Regular Session

New York Senate Bill S07448

Introduced
4/16/25  
Refer
4/16/25  

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

By enshrining this prohibition into law, Bill S07448 aims to bolster public health initiatives and protect individual rights. The bill strives to ensure that health-related tools are not confiscated or used against individuals in legal contexts, thereby encouraging safe practices and access to crucial health devices without fear of legal repercussions. This legislative change reflects an understanding of the intersection between public health and law enforcement, promoting a shift towards health-oriented and rights-based responses in law enforcement efforts.

Summary

Bill S07448, titled the 'End Criminalization of Condoms Act', seeks to amend New York State laws by prohibiting the possession of condoms and other reproductive or sexual health devices from being admissible as evidence in trials or proceedings related to certain criminal offenses outlined in article 230 of the Penal Law. The legislation is grounded in public health principles, positing that the current practice of using such items as evidence contributes to the stigmatization and vulnerability of individuals involved in the sex trade, particularly survivors of trafficking.

Contention

Despite these protective intentions, there are potential points of contention surrounding this bill. Opponents of similar legislation might argue that it could complicate law enforcement's ability to address prostitution and trafficking, as the lack of such evidence could hinder their prosecutorial efforts for related criminal activities. Additionally, there are concerns regarding the balance between protecting individual rights and ensuring societal safety, raising important discussions about the responsibilities and powers of law enforcement in sensitive 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 A00151

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 S04167

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 A00281

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 S02543

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 A04992

Allows evidence of a defendant's prior sexual offense to be admissible in a sexual assault proceeding.

NY S09276

Allows evidence of a defendant's prior sexual offense to be admissible in a sexual assault proceeding.

NY S00994

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 A04441

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 A06661

Prohibits the disclosure of a sexual assault victim's DNA or RNA evidence by entry of the DNA or RNA profile into a criminal database or by use in an unrelated investigation or prosecution of the sexual assault victim; provides that a sexual assault victim's DNA or RNA evidence is not admissible in unrelated proceedings against the sexual assault victim.

NY S07169

Prohibits the unlawful disclosure of a sexual assault victim's DNA or RNA evidence by entry of the DNA or RNA profile into a criminal database or by use in an unrelated investigation or prosecution of the sexual assault victim; provides that a sexual assault victim's DNA or RNA evidence is not admissible in unrelated proceedings against the sexual assault victim.

Similar Bills

CA SB848

Employment: leave for reproductive loss.

MI SB1082

Consumer protection: privacy; reproductive health data privacy act; create. Creates new act.

MI HB6077

Consumer protection: privacy; reproductive health data privacy act; create. Creates new act.

NJ A4657

Creates "Reproductive Health Care Access Fund" to strengthen access to reproductive health care; makes appropriation.

NJ S3492

Creates "Reproductive Health Care Access Fund" to strengthen access to reproductive health care.

HI HB1343

Relating To Reproductive Health Care Access.

HI HB1343

Relating To Reproductive Health Care Access.

CA AB2298

Parent-child relationship: assisted reproduction agreement for gestational carriers.