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.
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:
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 323 2011-2012 Regular Sessions IN 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 THEEXPLANATION--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.