Bill Text: NY A02375 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that possession of a condom may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-07-16 - enacting clause stricken [A02375 Detail]

Download: New_York-2011-A02375-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2375
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2011
                                      ___________
       Introduced  by  M.  of  A.  CLARK,  KELLNER,  GOTTFRIED -- read once and
         referred to the Committee on Codes
       AN ACT to amend the civil practice law and rules and the criminal proce-
         dure law, in relation to the use in evidence of the fact of possession
         of a condom
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 4519-a to read as follows:
    3    S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
    4  A  CONDOM  MAY  NOT  BE  RECEIVED  IN  EVIDENCE IN ANY TRIAL, HEARING OR
    5  PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
    6  OF THE MULTIPLE DWELLING LAW, SECTIONS  TWELVE-A,  TWENTY-THREE  HUNDRED
    7  TWO  AND  TWENTY-THREE  HUNDRED TWENTY OF THE PUBLIC HEALTH LAW, SECTION
    8  TWO HUNDRED THIRTY-ONE OF THE REAL PROPERTY LAW OR SUBDIVISION  FIVE  OF
    9  SECTION  SEVEN  HUNDRED  ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN OF THE
   10  REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AS EVIDENCE  OF  PROSTITUTION,
   11  PATRONIZING  A  PROSTITUTE, PROMOTING PROSTITUTION, PERMITTING PROSTITU-
   12  TION, MAINTAINING A PREMISES FOR PROSTITUTION, LEWDNESS OR  ASSIGNATION,
   13  OR MAINTAINING A BAWDY HOUSE.
   14    S  2.  The  criminal  procedure law is amended by adding a new section
   15  60.47 to read as follows:
   16  S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
   17    POSSESSION OF A CONDOM MAY NOT BE RECEIVED IN EVIDENCE IN  ANY  TRIAL,
   18  HEARING OR PROCEEDING PURSUANT TO SECTION 60.42 OF THIS ARTICLE, ARTICLE
   19  TWO  HUNDRED  THIRTY  AND SECTION 240.37 OF THE PENAL LAW AS EVIDENCE OF
   20  PROSTITUTION,  PATRONIZING  A  PROSTITUTE,  PROMOTING  PROSTITUTION   OR
   21  PERMITTING PROSTITUTION.
   22    S 3. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01401-02-1