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Assembly Bill A3856

2009-2010 Legislative Session

Prohibits possession of certain condoms as evidence

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Archive: Last Bill Status - In Assembly Committee

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2009-A3856 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.47, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2375
2013-2014: A2305

2009-A3856 (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-A3856 (ACTIVE) - Bill Text download pdf 

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

                                  3856

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil practice law and rules and the criminal proce-
  dure 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.
  POSSESSION OF A CONDOM MAY NOT BE RECEIVED IN EVIDENCE IN  ANY  TRIAL,
HEARING OR PROCEEDING PURSUANT TO SECTION 60.42 OF THIS ARTICLE, ARTICLE
TWO  HUNDRED  THIRTY  AND SECTION 240.37 OF THE PENAL LAW AS EVIDENCE OF
PROSTITUTION,  PATRONIZING  A  PROSTITUTE,  PROMOTING  PROSTITUTION   OR
PERMITTING PROSTITUTION.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-01-9

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