assembly Bill A4463B

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 - Stricken


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2016 enacting clause stricken
Jan 06, 2016 referred to codes
Jun 08, 2015 reported referred to rules
Jun 04, 2015 print number 4463b
Jun 04, 2015 amend and recommit to codes
Mar 12, 2015 print number 4463a
Mar 12, 2015 amend and recommit to codes
Feb 02, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

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A4463 (ACTIVE) - Details

See Senate Version of this Bill:
S1018
Current Committee:
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: A10893, S1289
2011-2012: A1008, S323
2013-2014: A2736, S1379
2017-2018: S5694
2019-2020: S729

A4463 (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.

A4463 (ACTIVE) - Bill Text download pdf

                    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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4463A (ACTIVE) - Details

See Senate Version of this Bill:
S1018
Current Committee:
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: A10893, S1289
2011-2012: A1008, S323
2013-2014: A2736, S1379
2017-2018: S5694
2019-2020: S729

A4463A (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.

A4463A (ACTIVE) - Bill Text download pdf

                    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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4463B (ACTIVE) - Details

See Senate Version of this Bill:
S1018
Current Committee:
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: A10893, S1289
2011-2012: A1008, S323
2013-2014: A2736, S1379
2017-2018: S5694
2019-2020: S729

A4463B (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.

A4463B (ACTIVE) - Bill Text download pdf

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

                                 4463--B

                       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 -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted 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. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02318-04-5

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