assembly Bill A10504

2015-2016 Legislative Session

Prohibits using possession of a condom as evidence in a trial, hearing or proceeding in certain circumstances

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2016 referred to codes

A10504 (ACTIVE) - Details

See Senate Version of this Bill:
S1018
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; amd §60.47, CP L; amd §841, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1289
2011-2012: S323
2013-2014: S1379
2017-2018: A6179, S5694
2019-2020: S729
2021-2022: S4834
2023-2024: S4167

A10504 (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.

A10504 (ACTIVE) - Bill Text download pdf

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

                                  10504

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M. of A. MOYA -- 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, 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. Section 60.47 of the criminal procedure law, as added by  section
2  of  part  I  of chapter 57 of the laws of 2015, is amended 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 [section 230.00] 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

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