See below for our list of legislative priorities in 2026.

S4404(May)/A5399(Hunter)

Prohibits sexual contact between law enforcement officers and anyone who is a victim, witness, subject, or person of interest in an investigation. See PDF resource with bill text here.

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.

S.9798(Sepúlveda) / A.178(Cruz)

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. See PDF resource with bill text here.

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 a prosecution of 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 and abuse at the hands of police. 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 strengthen the public health of all New Yorkers, including the most vulnerable, while preserving the ability of law enforcement to prosecute other crimes such as felony sexual offenses. The purpose of this act is to avoid the disparate impact of the practice of citing condoms and other reproductive and sexual health tools as evidence upon survivors of trafficking and people who are or are profiled as being engaged in the sex trades.

A.588 (Paulin) / S.9828 (Salazar)

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. See PDF resource with bill text here.

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.