Assembly Actions -
Senate Actions - UPPERCASE
|Apr 28, 2010
referred to codes
Assembly Bill A10893
2009-2010 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
N. Nick Perry
2009-A10893 (ACTIVE) - Details
- See Senate Version of this Bill:
- Current Committee:
- Assembly Codes
- 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:
2013-2014: A2736, S1379
2015-2016: A4463, S1018
2009-A10893 (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.
2009-A10893 (ACTIVE) - Sponsor 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
2009-A10893 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10893 I N A S S E M B L Y April 28, 2010 ___________ Introduced by M. of A. CLARK, KELLNER -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Codes 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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