Bill Text: NY A02736 | 2013-2014 | General Assembly | Introduced
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 28-1)
Status: (Engrossed - Dead) 2014-01-08 - ordered to third reading cal.158 [A02736 Detail]
Download: New_York-2013-A02736-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2736
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. CLARK, KELLNER, PERRY, ROSENTHAL, SIMOTAS,
JAFFEE, WEPRIN, GANTT -- Multi-Sponsored by -- M. of A. ARROYO, BREN-
NAN, CROUCH, DenDEKKER, GLICK, GOTTFRIED, HEVESI, LENTOL, MOYA,
O'DONNELL, PRETLOW, STEVENSON -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil practice law and rules, the criminal procedure
law and the executive 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 EVIDENCE THAT A PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
18 NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING IN A PROSE-
19 CUTION FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN
20 ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL LAW FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03903-01-3
A. 2736 2
1 PURPOSE OF ESTABLISHING PROBABLE CAUSE FOR AN ARREST OR PROVING ANY
2 PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
3 S 3. Section 841 of the executive law is amended by adding a new
4 subdivision 7-b to read as follows:
5 7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
6 OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
7 THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
8 PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW
9 RELATING TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN CRIMI-
10 NAL PROSECUTIONS;
11 S 4. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
