senate Bill S1289A

2009-2010 Legislative Session

Prohibits possession of certain condoms as evidence

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 19, 2010 print number 1289a
amend (t) and recommit to codes
Jan 06, 2010 referred to codes
Jan 28, 2009 referred to codes

Co-Sponsors

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S1289 - Details

See Assembly Version of this Bill:
A10893
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.47, CP L; amd §841, Exec L

S1289 - 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.

S1289 - Sponsor Memo

S1289 - Bill Text download pdf

The Bill text is not available.

Co-Sponsors

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S1289A (ACTIVE) - Details

See Assembly Version of this Bill:
A10893
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.47, CP L; amd §841, Exec L

S1289A (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.

S1289A (ACTIVE) - Sponsor Memo

S1289A (ACTIVE) - Bill Text download pdf

                    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

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