A2375-2011 Actions

• Jul 16, 2012: enacting clause stricken
• Jan 4, 2012: referred to codes
• Jun 7, 2011: reported referred to rules
• Jan 18, 2011: referred to codes

A2375-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2375
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section 1. The civil practice law and rules is amended by adding a new
 section 4519-a to read as follows:

 

S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
 A  CONDOM  MAY  NOT  BE  RECEIVED  IN  EVIDENCE IN ANY TRIAL, HEARING OR
 PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
 OF THE MULTIPLE DWELLING LAW, SECTIONS  TWELVE-A,  TWENTY-THREE  HUNDRED
 TWO  AND  TWENTY-THREE  HUNDRED TWENTY OF THE PUBLIC HEALTH LAW, SECTION
 TWO HUNDRED THIRTY-ONE OF THE REAL PROPERTY LAW OR SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AS EVIDENCE  OF  PROSTITUTION,
 PATRONIZING  A  PROSTITUTE, PROMOTING PROSTITUTION, PERMITTING PROSTITU
 TION, MAINTAINING A PREMISES FOR PROSTITUTION, LEWDNESS OR  ASSIGNATION,
 OR MAINTAINING A BAWDY HOUSE.
 

S  2.  The  criminal  procedure law is amended by adding a new section
 60.47 to read as follows:

 

S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
 POSSESSION OF A CONDOM MAY NOT BE RECEIVED IN EVIDENCE IN  ANY  TRIAL,
 HEARING OR PROCEEDING PURSUANT TO SECTION 60.42 OF THIS ARTICLE, ARTICLE
 TWO  HUNDRED  THIRTY  AND SECTION 240.37 OF THE PENAL LAW AS EVIDENCE OF
 PROSTITUTION,  PATRONIZING  A  PROSTITUTE,  PROMOTING  PROSTITUTION   OR
 PERMITTING PROSTITUTION.
 

S 3. This act shall take effect on the first of November next succeed
 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

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