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S323Senate2011-2012 SessionSame asA1008

Prohibits possession of certain condoms as evidence

Sponsor Velmanette MontgomerySD-18+17 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

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In committee · Rules

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History

  1. Committee discharged and committed to rules
  2. Notice of committee consideration - requested
  3. Notice of committee consideration - withdrawn
  4. Notice of committee consideration - requested
  5. Referred to judiciary
  6. Committee discharged and committed to judiciary
  7. Notice of committee consideration - requested
  8. 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.

A1008Assembly

Prohibits possession of certain condoms as evidence

Assembly Floor Calendar · Sponsor Barbara Clark

Full text

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

Sponsor's 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.

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