Assembly Bill A157A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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Bill Amendments

co-Sponsors

2023-A157 - Details

See Senate Version of this Bill:
S4032
Current Committee:
Assembly Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §52-e, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2019-2020: A1313, S4400
2021-2022: A665, S5768

2023-A157 - Summary

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

2023-A157 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    157
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, DINOWITZ, SEAWRIGHT, SIMON, SAYEGH --
   read once and referred to the Committee on Judiciary
 
 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:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-d to read as follows:
   § 52-D. PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL  OR  TAMPERING
 WITH  A  SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED IN SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS  DEFINED  IN
 SECTION  130.00  OF THE PENAL LAW, WITH ANOTHER PERSON THAT WAS MUTUALLY
 AGREED UPON BY THE PARTIES INVOLVED WITH THE EXPLICIT UNDERSTANDING  AND
 KNOWLEDGE  THAT  A  SEXUALLY  PROTECTIVE  DEVICE  WOULD  BE USED TO HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION  SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A) THE OTHER PERSON INTENTIONALLY  AND  WITHOUT  CONSENT  REMOVED  OR
 TAMPERED  WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL INTER-
 COURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A  MANNER  LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL  SEXUAL  CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN TAMPERED WITH
 IN A MANNER LIKELY TO RENDER SUCH  DEVICE  INEFFECTIVE  FOR  ITS  COMMON
 PURPOSE; OR
   (C)  THE  OTHER  PERSON INTENTIONALLY MISLED THE PERSON INTO BELIEVING
 THAT A SEXUALLY PROTECTIVE DEVICE WAS BEING USED BY  SUCH  OTHER  PERSON
 DURING  SUCH  SEXUAL  INTERCOURSE,  ORAL  SEXUAL  CONDUCT OR ANAL SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A157A (ACTIVE) - Details

See Senate Version of this Bill:
S4032
Current Committee:
Assembly Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §52-e, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8734, S7157
2019-2020: A1313, S4400
2021-2022: A665, S5768

2023-A157A (ACTIVE) - Summary

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

2023-A157A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  157--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, SIMON, SAYEGH, REYES
   --  read  once  and referred to the Committee on Judiciary -- reported
   and referred to the Committee on Codes -- reported and referred to the
   Committee on Rules -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-e to read as follows:
   § 52-E. PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL  OR  TAMPERING
 WITH  A  SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED IN SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS  DEFINED  IN
 SECTION  130.00  OF THE PENAL LAW, WITH ANOTHER PERSON THAT WAS MUTUALLY
 AGREED UPON BY THE PARTIES INVOLVED WITH THE EXPLICIT UNDERSTANDING  AND
 KNOWLEDGE  THAT  A  SEXUALLY  PROTECTIVE  DEVICE  WOULD  BE USED TO HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION  SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A) THE OTHER PERSON INTENTIONALLY  AND  WITHOUT  CONSENT  REMOVED  OR
 TAMPERED  WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL INTER-
 COURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A  MANNER  LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 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.
              

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