Sponsor: MONTGOMERY
Same as: A3856
Co-sponsor(s): BRESLIN DUANE HASSELL-THOMPSON HUNTLEY KRUEGER KRUGER OPPENHEIMER PARKER PERKINS SAVINO SERRANO
Committee: CODES
Law Section: Civil Practice Law and Rules
S1289 Summary
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.S1289 Actions
S1289A - AMEND (T) AND RECOMMIT TO CODES - Apr 19, 2010S1289A - PRINT NUMBER 1289A - Apr 19, 2010
S1289A - REFERRED TO CODES - Jan 6, 2010
S1289 - REFERRED TO CODES - Jan 28, 2009
S1289 Memo
BILL NUMBER: S1289 TITLE OF BILL : An act to amend the civil practice law and rules and the criminal procedure law, in relation to the use in evidence of the fact of possession of a condom PURPOSE : Possession of contraceptive devices would not be permitted in specified criminal or civil proceedings as evidence of prostitution. SUMMARY OF PROVISIONS : A new section 4519-a would be added to the CPLR to prohibit the introduction of possession of a condom or other contraceptive device in any trial, hearing or proceeding pursuant to Section 12.1 and Article 10 of the multiple dwelling law (prohibited use of dwellings for prostitution); Sections 12-a. 2302 and 2320 of the public health law (health examinations and buildings and equipment of prostitution); Section 231 of the real property law (tenant prostitutes), and Sections 711.5 and 715 of the real property actions and proceedings law (summary proceedings) as evidence of prostitution, patronizing a prostitute, lewdness or assignation, or maintaining a bawdy house. New Section 60.47 would be added to the Criminal Procedure Law to prohibit the introduction of possession of a condom or other contraceptive device in NY trial, hearing or proceeding pursuant to Section 60.42 of the criminal procedure law (regarding evidence of victim's sexual conduct in sex offense cases, Article 230 of the penal law (prostitution offenses) or Section 240.37 of the penal law (loitering for purposes of prostitution) as evidence of prostitution, patronizing a prostitute, promoting prostitution, or permitting prostitution. EXISTING LAW : Currently, possession of condoms may be introduced as evidence of prostitution. JUSTIFICATION : It does not promote public health and welfare if the law discourages prostitutes from carrying condoms. If anything, their use by prostitutes should be encouraged by public policy as long as the sanction against prostitution are not affected. Also, the mere act of carrying or otherwise possessing condoms should not, in whole or in part, expose the individuals to the risk of being accused of prostitution or directly related offenses. LEGISLATIVE HISTORY : 1999-2000 S.1645 Died in Committee 2001-2002 S.2299 Died in Committee 2003-2004 S.1701 Died in Committee 2005-2006 S.1704 Died in Committee 2007-2008 S.4089 Died in Committee FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None. EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
S1289 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
1289
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
___________
Introduced by Sens. MONTGOMERY, BRESLIN, DUANE, KRUEGER, SAVINO -- read
twice and ordered printed, and when printed to be committed 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.
LBD01486-01-9