Bill Text: NY A00665 | 2021-2022 | 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 7-0)
Status: (Introduced - Dead) 2022-03-09 - amended on third reading 665a [A00665 Detail]
Download: New_York-2021-A00665-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 665--A Cal. No. 42 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. PAULIN, GALEF, DINOWITZ, SEAWRIGHT, SIMON, SAYEGH -- Multi-Sponsored by -- M. of A. SOLAGES -- read once and referred to the Committee on Judiciary -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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-d to read as follows: 3 § 52-d. 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 19 in a manner likely to render such device ineffective for its common 20 purpose; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01862-02-2A. 665--A 2 1 (c) The other person intentionally misled the person into believing 2 that a sexually protective device was being used by such other person 3 during such sexual intercourse, oral sexual conduct or anal sexual 4 conduct, and such sexually protective device was known by such other 5 person to be either not used or inoperable. 6 2. Past consent to sexual activity without the use of a sexually 7 protective device shall not alone constitute consent to sexual activity 8 without the use of a sexually protective device at any future time. 9 3. Damages recovered by a plaintiff pursuant to this section shall 10 include compensatory damages. In addition thereto, the trier of fact 11 may award punitive damages and such other non-monetary relief as may be 12 appropriate. In awarding damages, the court may consider the emotional 13 impact of the defendant's conduct, including but not limited to, the 14 risk of sexually transmitted diseases, and the risk of nonconsensual 15 pregnancy. 16 4. Nothing in this section shall be deemed to abrogate or otherwise 17 limit any right or remedy otherwise conferred by federal or state law 18 including but not limited to, any right or remedy related to child 19 support, nor shall any award under this section be used to offset child 20 support obligations that may arise in connection with this section. 21 5. For purposes of this section, the term "sexually protective device" 22 shall mean any one of the following intended to prevent pregnancy or 23 sexually transmitted infection: male or female condom, spermicide, 24 diaphragm, cervical cap, contraceptive sponge, dental dam, or another 25 physical device. 26 § 2. This act shall take effect on the ninetieth day after it shall 27 have become a law, and shall apply to acts occurring on or after such 28 date.
