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.

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S323-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 9, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Feb 24, 2012: NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
• Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CODES

S323-2011 Meetings

Judiciary: Mar 1, 2012

S323-2011 Memo

BILL NUMBER:S323

TITLE OF BILL:
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

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 or Section 240.37 of the
penal law for the purpose of establishing probable cause for an
arrest or proving any person's commission or attempted commission of
such offense.

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
2009-2010 S.1289-A 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.

S323-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     323

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by Sens. MONTGOMERY, BRESLIN, DUANE, HASSELL-THOMPSON, HUNT-
    LEY, KRUEGER, KRUGER, OPPENHEIMER, PARKER, PERKINS, SAVINO, SERRANO --
    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, 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:


    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.
    EVIDENCE THAT A PERSON WAS IN POSSESSION OF ONE OR  MORE  CONDOMS  MAY
  NOT  BE  ADMITTED  AT ANY TRIAL, HEARING OR OTHER PROCEEDING IN A PROSE-
  CUTION FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED  IN
  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.
                                                             LBD01401-01-1

 S. 323                              2

  PURPOSE OF ESTABLISHING PROBABLE CAUSE FOR  AN  ARREST  OR  PROVING  ANY
  PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
    S  3.  Section  841  of  the  executive law is amended by adding a new
  subdivision 7-b to read as follows:

    7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO  ENSURE  THAT  ALL  POLICE
  OFFICERS  AND  PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
  THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING  THE  EVIDENTIARY
  PROHIBITION  SET  FORTH  IN  SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW
  RELATING TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN  CRIMI-
  NAL PROSECUTIONS;
    S 4. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.