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Bill

S 4322

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

2025 Regular Session Introduced by Jessica Scarcella-Spanton and 1 co-sponsor

Bill S 4322 allows individuals to sue for damages if their sexually protective devices are removed or tampered with without consent, enhancing bodily autonomy protections.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 4322

Summary of Bill S 4322

Title

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

Bill Overview

Bill S 4322 aims to establish a legal framework that allows individuals to take civil action against any person who removes or tampers with a sexually protective device without consent. This legislation seeks to enhance the protection of individuals' bodily autonomy and integrity, particularly in the context of sexual health and safety.

Key Provisions

  • Private Right of Action: The bill creates a legal right for individuals to sue for damages if their sexually protective device is removed or tampered with without their consent.
  • Definition of Sexually Protective Device: The bill specifies what constitutes a sexually protective device, likely including items such as condoms, dental dams, and other forms of contraceptives or protective barriers.
  • Damages: Individuals who successfully prove their case may be entitled to compensatory damages, which could include medical expenses, emotional distress, and other related costs.
  • Legal Costs: The bill may also allow for the recovery of legal fees for the prevailing party in a lawsuit.

Impact

  • Individuals Affected: This bill primarily impacts individuals who use sexually protective devices, providing them with a legal recourse if their rights are violated through unconsented actions.
  • Healthcare Providers: Medical professionals and organizations that provide sexual health services may need to adjust their practices and educate patients about their rights under this new law.
  • Legal System: The introduction of this private right of action could lead to an increase in civil lawsuits related to the unauthorized removal or tampering of sexually protective devices.

Legislative Timeline

  • Introduced: February 04, 2025
  • Passed Senate: April 02, 2025
  • Delivered to Assembly: April 02, 2025
  • Referred to Judiciary: April 02, 2025
  • Advanced to Third Reading: February 26, 2025
  • Second Report Calendar: February 25, 2025
  • First Report Calendar: February 24, 2025
  • Referred to Codes: February 04, 2025

Related Bills

  • S 7157 (prior-session)
  • A 8734 (prior-session)
  • S 4400 (prior-session)
  • S 5768 (prior-session)
  • S 4032 (prior-session)
  • A 1711 (companion)

Conclusion

Bill S 4322 represents a significant step towards protecting individuals' rights regarding their sexual health and bodily autonomy. By establishing a private right of action for unconsented removal or tampering with sexually protective devices, the bill aims to deter such actions and provide a means for victims to seek justice. As the bill progresses through the legislative process, its implications for individuals and healthcare providers will become clearer.

Compiled from official sources — confirm details with the bill’s official record.

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