senate Bill S1289
(D) 25th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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 and the criminal
procedure law, in relation to the use in evidence of the fact of
possession of a condom
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 (regarding evidence of
victim's sexual conduct in sex offense cases, Article 230 of the penal
law (prostitution offenses) or Section 240.37 of the penal law
(loitering for purposes of prostitution) as evidence of prostitution,
patronizing a prostitute, promoting prostitution, or permitting
EXISTING LAW :
Currently, possession of condoms may be introduced as evidence of
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
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.
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