Assembly Bill A4463B

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

                                  4463

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by  M.  of  A.  CLARK, GOTTFRIED, PERRY, ROSENTHAL, SIMOTAS,
  JAFFEE, WEPRIN, GANTT, MOSLEY, ABINANTI, ROBINSON, TITONE,  BENEDETTO,
  SKARTADOS,  STECK,  PEOPLES-STOKES  --  Multi-Sponsored by -- M. of A.
  ARROYO, BRENNAN, CROUCH, DenDEKKER,  GLICK,  HEVESI,  LENTOL,  MARKEY,
  MOYA, O'DONNELL, PRETLOW -- 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 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 PROSTITUTION, 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.
                                                           LBD02318-02-5

              

A. 4463                             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.

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

                                 4463--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by  M.  of  A.  CLARK, GOTTFRIED, PERRY, ROSENTHAL, SIMOTAS,
  JAFFEE, WEPRIN, GANTT, MOSLEY, ABINANTI, ROBINSON, TITONE,  BENEDETTO,
  SKARTADOS,  STECK,  PEOPLES-STOKES  --  Multi-Sponsored by -- M. of A.
  ARROYO, BRENNAN, CROUCH, DenDEKKER,  GLICK,  HEVESI,  LENTOL,  MARKEY,
  MOYA, O'DONNELL, PRETLOW -- read once and referred to the Committee on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

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, SECTION TWELVE-A 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 PROSTI-
TUTION, PATRONIZING A  PROSTITUTE,  PROMOTING  PROSTITUTION,  PERMITTING
PROSTITUTION,  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.
                                                           LBD02318-03-5
              

A. 4463--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.