S 4032 New York Senate · 2023 Regular Session

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

This bill creates a new legal cause of action allowing individuals to sue for damages if their partner intentionally removes, tampers with, or misrepresents the use of a sexually protective device during consensual sexual activity. It specifically covers situations where a condom, spermicide, or similar barrier is taken away or altered without permission, used while known to be broken, or falsely claimed to be present when it is not. The law clarifies that agreeing to sex without protection one time does not mean a person agrees to unprotected sex later, and it permits courts to award money for emotional distress and the risks of pregnancy or infection. This provision adds to existing civil rights laws and does not prevent people from seeking other legal remedies, such as child support, if a pregnancy occurs as a result.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2024
Senate Passage
Jun 2024
Assembly Passage
Governor
Introduced Feb 2, 2023 Last action Jun 6, 2024
Floor votes · Senate Jun 6, 2024

How they voted

56–5
Passed · 1 other
Total votes 62
Jun 6, 2024
D Democratic41
41 Yea
100% Yea
R Republican21
15 Yea 5 Nay 1
71% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
2
Committee
3
Amendments
1
Jun 6, 2024
Committee
REFERRED TO CODES
lower
Jun 6, 2024
Upper · Passed
PASSED SENATE
upper
May 21, 2024
Upper · Passed
AMENDED ON THIRD READING 4032A
upper
Jan 3, 2024
Committee
REFERRED TO CODES
upper
Feb 2, 2023
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jessica Scarcella-Spanton
Jessica Scarcella-Spanton
DDemocratic
NY
23