The New York State Senate

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

                                  6179

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2017
                               ___________

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:
  § 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.
  § 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:
§ 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07162-01-7

A. 6179                             2

  § 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;
  § 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.