The New York State Senate

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

                                 1289--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DUANE, KRUEGER, PERKINS, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
                                                           LBD01486-03-0

S. 1289--A                          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.