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A10893Assembly2009-2010 SessionSame asS1289

Prohibits possession of certain condoms as evidence

Sponsor Barbara ClarkAD-33+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Barbara Clark

Assembly Member · Assembly District 33

1 Multi-sponsor

History

  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1289Senate

Prohibits possession of certain condoms as evidence

In Senate Committee · Codes · Sponsor Velmanette Montgomery

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10893

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 is added to the civil prac- tice law and rules to prohibit the introduction of possession of a condom in any trial, hearing or proceeding pursuant to section 12 and article 10 of the multiple dwelling law, sections 12-a, 2302 and 2320 of the public health law, section 231 of the real property law, or sections 711 and 715 of the real property actions and proceedings law as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewd- ness or assignation, or maintaining a bawdy house.

A new section 60.47 is added to the criminal procedure law to prohibit the introduction of possession of a condom in any trial, hearing or proceeding pursuant to article 230 or section 240.37 of the penal law for the Purpose of establishing probable cause for an arrest or provid- ing any person's commission or attempted commission of such offense.

A new subdivision 7-b is added to section 841 of the executive law to take such steps as necessary to ensure that police and peace officers receive appropriate instruction regarding the evidentiary prohibition set forth in section 60.47 of the criminal procedure law.

Existing law

Currently, possession of condoms may be introduced as evidence of prostitution.

Justification

Numerous public health organizations distribute and encourage the use of condoms in an effort to support and promote safe sex practices, Despite this, and the importance of condom use to safe sex practices and public health, current law allows the possession of condoms to be introduced as evidence in court of prostitution. Such a law discourages the use of condoms and undermines public health efforts to promote safe sex practices. By prohibiting the possession of condoms as evidence in court of prostitution, this bill will help to encourage, instead of discourage, individuals to use safe sex practices. It will also ensure that public health efforts that encourage safe sex practices are supported.

Legislative history

Assembly: This is a new bill Senate: 1999-2000, S.1645, Died in committee 2001-2001, 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.