Bill Text: NY S04400 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-09 - PRINT NUMBER 4400C [S04400 Detail]

Download: New_York-2019-S04400-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4400--C

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 11, 2019
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the civil rights law, in relation to creating a private
          right of action for unconsented removal or tampering with  a  sexually
          protective device

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  52-c to read as follows:
     3    §  52-c.  Private right of action for unconsented removal or tampering
     4  with a sexually protective device. 1. Any person who engaged  in  sexual
     5  intercourse,  oral  sexual conduct or anal sexual conduct, as defined in
     6  section 130.00 of the penal law, with another person that  was  mutually
     7  agreed  upon by the parties involved with the explicit understanding and
     8  knowledge that a sexually  protective  device  would  be  used  to  help
     9  prevent  or  safeguard  against  pregnancy  or  a  sexually  transmitted
    10  infection shall have a private right of action for damages against  such
    11  other person under any of the following conditions:
    12    (a)  The  other  person  intentionally  and without consent removed or
    13  tampered with such sexually protective device during such sexual  inter-
    14  course,  oral  sexual conduct or anal sexual conduct, in a manner likely
    15  to render such device ineffective for its common purpose;
    16    (b) The other person intentionally and without consent used a sexually
    17  protective device during such sexual intercourse, oral sexual conduct or
    18  anal sexual conduct that such other person knew had been  tampered  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01747-07-0

        S. 4400--C                          2

     1  in  a  manner  likely  to  render such device ineffective for its common
     2  purpose; or
     3    (c)  The  other  person intentionally misled the person into believing
     4  that a sexually protective device was being used by  such  other  person
     5  during  such  sexual  intercourse,  oral  sexual  conduct or anal sexual
     6  conduct, and such sexually protective device was  known  by  such  other
     7  person to be either not used or inoperable.
     8    2.  Past  consent  to  sexual  activity  without the use of a sexually
     9  protective device shall not alone constitute consent to sexual  activity
    10  without the use of a sexually protective device at any future time.
    11    3.  Damages  recovered  by  a plaintiff pursuant to this section shall
    12  include compensatory damages.  In addition thereto, the  trier  of  fact
    13  may  award punitive damages and such other non-monetary relief as may be
    14  appropriate. In awarding damages, the court may consider  the  emotional
    15  impact  of  the  defendant's  conduct, including but not limited to, the
    16  risk of sexually transmitted diseases, and  the  risk  of  nonconsensual
    17  pregnancy.
    18    4.  Nothing  in  this section shall be deemed to abrogate or otherwise
    19  limit any right or remedy otherwise conferred by federal  or  state  law
    20  including  but  not  limited  to,  any  right or remedy related to child
    21  support, nor shall any award under this section be used to offset  child
    22  support obligations that may arise in connection with this section.
    23    5. For purposes of this section, the term "sexually protective device"
    24  shall  mean  any  one  of the following intended to prevent pregnancy or
    25  sexually transmitted  infection:  male  or  female  condom,  spermicide,
    26  diaphragm,  cervical  cap,  contraceptive sponge, dental dam, or another
    27  physical device.
    28    § 2. This act shall take effect on the ninetieth day  after  it  shall
    29  have  become  a  law, and shall apply to acts occurring on or after such
    30  date.
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