Bill Fact Sheets
S4404(May) / A5399(Hunter)
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An act to amend the penal law, in relation to establishing incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances; Prohibits sexual contact between law enforcement officers and anyone who is a victim, witness, subject, or person of interest in an investigation.
What does S.4404 /A.5399 do?
While current law prohibits sexual contact between law enforcement officers and those in their custody, the penal code does not include a similar provision for interactions with law enforcement that occur during the course of an investigation. This bill would amend the existing law (NYPL section 130.05, “Sex offenses; lack of consent”) to ensure that incidents of sexual contact between a law enforcement officer and anyone who is a victim, witness, subject, or person of interest in an investigation would also be prohibited under the penal code. This would not apply in the event of a pre-existing relationship.
Why is this legislation necessary?
The International Association of Chiefs of Police (IACP) has recognized that policing “create[s] opportunities for sexual misconduct” because officers “have power and authority over others” and “engage with vulnerable populations who lack power and are often perceived as less credible”. The law already recognizes this vulnerability by defining sexual contact between law enforcement and persons in their custody as nonconsensual. However, vulnerable people come into contact with law enforcement in contexts outside of custody; particularly during investigations. Ensuring the protection of the law extends beyond just custody is in the spirit of the current law. This is especially critical to protect sex workers and victims of trafficking, who are frequently subjects of undercover raids and investigations, where sexual interaction is the subject of the investigation. The IACP has also noted that “predators select victims based on vulnerabilities and a perceived lack of credibility, and therefore, victimization is often higher among certain populations including … individuals in prostitution and/or the commercial sex industry.” This bill ensures already marginalized populations are thoroughly protected from police sexual misconduct.
Is there precedent for this policy?
New York law already protects people in custody from sexual contact from a law enforcement officer while in custody or under the supervision of a local probation department. Other states have also recently passed or are considering legislation to cover a wider scope of interactions between law enforcement and people they interact with during the course of duty. Vermont expanded its law enforcement sexual misconduct law in 2023 to include investigations as well as confidential informants; Arizona, Colorado, Kansas, Kentucky, Maine, Maryland, Missouri, and Montana have similarly expansive laws; and Massachusetts legislators are currently considering a similar bill.
Bill Text:
Section 1. Paragraphs (j) and (k) of subdivision 3 of section 130.05 of the penal law, paragraph (j) as added by section 1 of part JJ of chapter 55 of the laws of 2018, and paragraph (k) as added by chapter 503 of the laws of 2024, are amended and a new paragraph (l) is added to read as follows… (l) a witness to or victim of an incident under investigation by a police officer, peace officer or other law enforcement official, or a suspect or person of interest in such an investigation, and the actor is a police officer, peace officer or other law enforcement official who either: (i) is participating in the investigation of such incident; or (ii) knows, or reasonably should know, that at the time of the offense, such person was a witness, victim, suspect, or person of interest in such investigation. Notwithstanding the provisions of this paragraph, a witness to, victim, suspect, or person of interest in an incident under investigation by a police officer, peace officer, or other law enforcement official shall not be deemed incapable of consent where the actor and such witness, victim, suspect, or person of interest had engaged in a sexual relationship prior to the commencement of such investigation. updated 1/21/2026 § 2. Subdivision 4 of section 130.10 of the penal law, as amended by section 2 of part JJ of chapter 55 of the laws of 2018, is amended to read as follows: 4. In any prosecution under this article in which the victim’s lack of consent is based solely on [his or her] their incapacity to consent because [he or she] such victim was less than seventeen years old, mentally disabled, a client or patient and the actor is a health care provider, detained or otherwise in custody of law enforcement under the circumstances described in paragraph (j) of subdivision three of section 130.05 of this article, a witness to or subject of an investigation under the circumstances described in paragraph (l) of subdivision three of section 130.05 of this article, or committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital and the actor is an employee, it shall be a defense that the defendant was married to the victim as defined in subdivision four of section 130.00 of this article.
Updated 4/16/2026
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S9798(Sepúlveda) / A178(Cruz) The End Criminalization of Condoms Act
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An act to amend the civil practice law and rules, the criminal procedure law and the executive law, in relation to prohibiting possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; Expands the ban on admission of evidence that a person was in the possession of condoms to cover all prostitution offenses and other related offenses, and ensures the law covers all reproductive and sexual health devices in addition to condoms.
What does S.9798 / A.178 do?
In 2016, section 60.47 was added to the Criminal Procedure Law, barring the use of possession of condoms as evidence in prosecutions pursuant to section 230.00 of the penal law (prostitution). This bill will expand that ban on admission of evidence to cover all prostitution offenses under Article 230 of the Penal Law as well as civil claims related to prostitution, such as unlawful use of a multiple dwelling for the purpose of prostitution. It also expands the prohibition to cover many more reproductive and sexual health devices in addition to condoms.
Why is this legislation necessary?
Preventing sexually transmitted infections and unwanted pregnancy are important public health goals. Sex workers should be able to use sexual health devices free of fear of arrest to protect their own health and wellbeing. Unfortunately, sex workers are often forced to choose between protecting themselves or risking arrest. The protections proposed in this bill will ensure that sex workers can carry condoms and other reproductive or sexual health devices without fear that those devices will be used as evidence against them. This legislation is intended to protect the health of vulnerable New Yorkers, while preserving the ability of law enforcement to prosecute sex offenses.
Bill Text:
§ 3. The civil practice law and rules is amended by adding a new section 4519-b to read as follows:
§ 4519-b. Possession of reproductive or sexual health devices; receipt into evidence. 1. Evidence that a person was in possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding pursuant to subdivision one of section twelve and article ten of the multiple dwelling law, sections twelve-a and twenty-three hundred twenty of the public health law, section two hundred thirty-one of the real property law or subdivision five of section seven hundred eleven and section seven hundred fifteen of the real property actions and proceedings law, or by any law, local law or ordinance of a municipality or political subdivision of the state, or any word, rule, or regulation of any governmental instrumentality authorized by law to adopt the same as evidence of conduct which would constitute an offense defined in article two hundred thirty of the penal law.
2. “Reproductive or sexual health device” shall include, but shall not be limited to, any contraceptive or other tool used to prevent unwanted pregnancy or the transmission of HIV or other sexually transmitted diseases, including but not limited to male condoms, female condoms, lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis (PEP), HIV anti-retroviral medication, spermicide, hormonal methods, emergency contraception, diaphragm, cervical cap, or sponge.
§ 4. Section 60.47 of the criminal procedure law, as amended by chapter 23 of the laws of 2021, is amended to read as follows: § 60.47 Possession of condoms or other reproductive or sexual health device; receipt into evidence.
1. Evidence that a person was in possession of one or more condoms or other reproductive or sexual health device may not be admitted at any trial, hearing, or other proceeding in a prosecution for [section 29 230.00] any offense, or an attempt to commit any offense, defined in article two hundred thirty of the penal law, or section sixty-five hundred twelve of the education law, or any law, local law or ordinance of a municipality or political subdivision of the state, or any word, rule or regulation of any governmental instrumentality authorized by law to adopt the same, for the purpose of establishing probable cause for an arrest or proving any person’s commission or attempted commission of such offense.
2. “Reproductive or sexual health device” shall include, but shall not be limited to, any contraceptive or other tool used to prevent unwanted pregnancy or the transmission of HIV or other sexually transmitted diseases, including but not limited to male condoms, female condoms, lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis (PEP), HIV anti-retroviral medication, spermicide, hormonal methods, emergency contraception, diaphragm, cervical cap, or sponge.
§ 5. Section 841 of the executive law is amended by adding a new subdivision 7-c to read as follows:
7-c. Take such steps as may be necessary to ensure that all police officers and peace officers certified pursuant to subdivision three of this section receive appropriate instruction regarding the evidentiary prohibition set forth in section 60.47 of the criminal procedure law and section forty-five hundred nineteen-b of the civil practice law and rules relating to the use of condoms and other reproductive or sexual health devices as evidence in certain trials, hearings or proceedings, or as a basis for probable cause for arrest, including that unauthorized seizure or confiscation of condoms and other reproductive or sexual health devices as a breach of public policy;
§ 6. If any provision of this legislation or the application thereof to any person, circumstances, or political subdivision of this state is adjudged invalid by a court of competent jurisdiction such judgment shall not affect or impair the validity of the other provisions of the legislation or the application thereof to other political subdivisions of this state, persons, and circumstances.
§ 7. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Updated 4/16/2026
Link to bill in the legislature
S.9828(Salazar) / A.588 (Paulin)
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An act to amend the criminal procedure law, in relation to the former crime of loitering for the purpose of engaging in a prostitution offense and expunging criminal records for persons previously convicted of such crime.
What does S.9828 / A.588 do?
This bill automatically vacates, dismisses, and expunges all convictions under the former loitering for the purpose of prostitution law (CPL § 240.37, “Walking While Trans” ban, repealed 2021). All records related to past convictions must be updated, marked as expunged, or, upon request, destroyed. Law enforcement and prosecutorial agencies must be notified of this update and this information shall be widely disseminated to the public. This bill ensures that all persons previously convicted of the now-repealed loitering for purpose of prostitution statute achieve full vacatur and record expungement.
Why is this legislation necessary?
The former loitering law was disproportionately used to harass and needlessly charge individuals with a crime. Many of those convicted were vulnerable people, including sex workers, trans women, and victims of trafficking. These convictions for loitering for the purpose of prostitution have had long-lasting consequences, often creating barriers to housing, employment, and immigration relief. This legislation ensures that those who were convicted under an outdated and discriminatory law have their records automatically cleared, giving them a fresh start, which aligns with current public safety and public health priorities.
Is there precedent for this policy?
The 2021 repeal of the loitering for purposes of prostitution law required that past convictions under the statute be sealed, which reflected the Legislature’s intent to remedy the law’s past harm. Soon after the repeal, Brooklyn District Attorney Eric Gonzalez announced that he would move to vacate open bench warrants related to the overturned law, citing the barriers these charges created for housing and employment. This legislation expands that framework by mandating automatic vacatur, dismissal, and expungement statewide.
Bill Text:
Section 1. Section 160.50 of the criminal procedure law is amended by adding a new subdivision 6 to read as follows:
6. (a) A conviction for an offense described in former section 240.37 of the penal law as such section was in effect on February first, two thousand twenty-one shall, on and after the effective date of this subdivision, in accordance with the provisions of this paragraph, be vacated and dismissed, and all records of such conviction or convictions and related to such conviction or convictions shall be expunged, as described in subdivision forty-five of section 1.20 of this chapter, and the matter shall be considered terminated in favor of the accused and deemed a nullity, having been rendered by this paragraph legally inval id. All such records for an offense described in this paragraph where the conviction was entered on or before the effective date of the chapter of the laws of two thousand twenty-five that added this subdivision shall be expunged promptly and, in any event, no later than one year after such effective date.
(b) Commencing upon the effective date of this subdivision:(i) the chief administrator of the courts shall promptly notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments, district attorney’s offices and other law enforcement agencies of all convictions that have been vacated and dismissed pursuant to paragraph (a) of this subdivision and that all records related to such convictions shall be expunged and the matter shall be considered terminated in favor of the accused and deemed a nullity, having been rendered legally invalid. Upon receipt of notification of such vacatur, dismissal and expungement, all records relating to such conviction or convictions, or the criminal action or proceeding, as the case may be, shall be marked as expunged by conspicuously indicating on the face of the record and on each page or at the beginning of the digitized file of the record that the record has been designated as expunged. Upon the written request of the individual whose case has been expunged or their designated agent, such records shall be destroyed. Such records and papers shall not be made available to any person, except the individual whose case has been expunged or such person’s designated agent; and (ii) where automatic vacatur, dismissal, and expungement, including record destruction if requested, is required by this subdivision but any record of the court system in this state has not yet been updated to reflect same:
(A) notwithstanding any other provision of law except as provided in paragraph (d) of subdivision one of this section and paragraph (e) of subdivision four of section eight hundred thirty-seven of the executive law: (1) when the division of criminal justice services conducts a search of its criminal history records, maintained pursuant to subdivision six of section eight hundred thirty-seven of the executive law, and returns a report thereon, all references to a conviction for an offense described in paragraph (k) of subdivision three of this section shall be excluded from such report; and (2) the chief administrator of the courts shall develop and promulgate rules as may be necessary to ensure that no written or electronic report of a criminal history record search conducted by the office of court administration contains information relating to a conviction for an offense described in paragraph (k) of subdivision three of this section; and
(B) where court records relevant to such matter cannot be located or have been destroyed, and a person or the person’s attorney presents to an appropriate court employee a fingerprint record of the New York state division of criminal justice services, or a copy of a court disposition record or other relevant court record, which indicates that a criminal action or proceeding against such person was terminated by conviction of an offense described in paragraph (k) of subdivision three of this section, then promptly, and in any event within thirty days after such notice to such court employee, the chief administrator of the courts or such chief administrator’s designee shall assure that such vacatur, dismissal, and expungement, including record destruction if requested, have been completed in accordance with subparagraph (i) of this paragraph.
(c) Vacatur, dismissal and expungement as set forth in this subdivision shall be without prejudice to any person or such person’s attorney seeking further relief pursuant to article four hundred forty of this chapter or any other law. Nothing in this section is intended or shall be interpreted to diminish or abrogate any right or remedy otherwise available to any person.
(d) The office of court administration, in conjunction with the division of criminal justice services, shall develop an affirmative information campaign and widely disseminate to the public, through its website, public service announcements and other means, in multiple languages and through multiple outlets, information concerning the expungement and vacatur of loitering for the purposes of prostitution convictions established by the chapter of the laws of two thousand twenty-five that added this subdivision, including, but not limited to, the automatic expungement of certain past convictions, the means by which an individual may file a motion for vacatur, dismissal and expungement of certain past convictions, and the impact of such changes on such person’s criminal history records.
Updated 4/16/2026