Senate Bill S1379

2013-2014 Legislative Session

Prohibits using possession of a condom as evidence in a trial, hearing or proceeding in certain circumstances

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S1379 (ACTIVE) - Details

See Assembly Version of this Bill:
A2736
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.47, CP L; amd §841, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1289, A10893
2011-2012: S323, A1008
2015-2016: S1018, A4463
2017-2018: S5694
2019-2020: S729
2021-2022: S4834
2023-2024: S4167

2013-S1379 (ACTIVE) - Summary

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.

2013-S1379 (ACTIVE) - Sponsor Memo

2013-S1379 (ACTIVE) - Bill Text download pdf

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

                                  1379

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MONTGOMERY, ADAMS, AVELLA, BRESLIN, DILAN, HASSELL-
  THOMPSON, KRUEGER, PARKER, PERKINS, RIVERA, SAVINO, SERRANO, SQUADRON,
  STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Judiciary

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.
                                                           LBD03903-01-3
              

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