Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device
S 4322 creates a legal right for individuals to sue if a sexual partner unconsentedly removes, tampers with, or deceives them about using a contraceptive device (like condoms, spermicides, or diaphragms) during mutually agreed-upon intimate activity. It applies when both parties explicitly agreed the device would be used to prevent pregnancy or STIs, but the other person intentionally removed it, used a tampered device, or falsely claimed to be using one. Victims can seek compensation for emotional harm, STI risks, pregnancy risks, and other damages, though it doesn’t replace existing legal remedies like child support claims. The law explicitly states past consent to sex without contraception doesn’t imply future consent to forgo it.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2026
Senate Passage
Feb 2026
Assembly Passage
Governor
Introduced Feb 4, 2025
Last action Feb 9, 2026
Floor votes · Senate Apr 2, 2025
How they voted
59–3
Passed · 1 other
Total votes 63
Apr 2, 2025
D
Democratic41
97% Yea
R
Republican22
86% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
2
Committee
4
Feb 9, 2026
Committee
REFERRED TO JUDICIARY
lower
Feb 9, 2026
Upper · Passed
PASSED SENATE
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Apr 2, 2025
Committee
REFERRED TO JUDICIARY
lower
Apr 2, 2025
Upper · Passed
PASSED SENATE
upper
Feb 4, 2025
Committee
REFERRED TO CODES
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jessica Scarcella-Spanton
DDemocratic
Co
Jessica Ramos
DDemocratic/Working Families
Co
Lea Webb
DDemocratic/Working Families
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