|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
|Mar 09, 2012||notice of committee consideration - requested|
|Feb 24, 2012||notice of committee consideration - withdrawn|
|Feb 21, 2012||notice of committee consideration - requested|
|Jan 04, 2012||referred to judiciary|
|Mar 31, 2011||committee discharged and committed to judiciary|
|Feb 28, 2011||notice of committee consideration - requested|
|Jan 05, 2011||referred to codes|
senate Bill S323
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S323 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4519-a, CPLR; add §60.47, CP L; amd §841, Exec L
S323 - 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.
S323 - Sponsor Memo
BILL NUMBER:S323 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 would be added to the CPLR to prohibit the introduction of possession of a condom or other contraceptive device in any trial, hearing or proceeding pursuant to Section 12.1 and Article 10 of the multiple dwelling law (prohibited use of dwellings for prostitution); Sections 12-a, 2302 and 2320 of the public health law (health examinations and buildings and equipment of prostitution); Section 231 of the real property law (tenant prostitutes), and Sections 711.5 and 715 of the real property actions and proceedings law (summary proceedings) as evidence of prostitution, patronizing a prostitute, lewdness or assignation, or maintaining a bawdy house.
S323 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 323 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MONTGOMERY, BRESLIN, DUANE, HASSELL-THOMPSON, HUNT- LEY, KRUEGER, KRUGER, OPPENHEIMER, PARKER, PERKINS, SAVINO, SERRANO -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01401-01-1
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