NY State Senate Bill 2017-S5694

Senate Bill S5694

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Apr 26, 2017	referred to judiciary

co-Sponsors

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2017-S5694 (ACTIVE) - Details

Current Committee:: Senate Judiciary
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
2015-2016: S1018
2019-2020: S729
2021-2022: S4834
2023-2024: S4167

2017-S5694 (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.

2017-S5694 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5694

 TITLE OF BILL :  An act to amend the civil practice law and rules,
the criminal procedure law and the executive law, in relation to
prohibiting possession of contraceptive devices from being permitted
in specified criminal or civil proceedings as evidence of prostitution

 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.

New Section 60.47 would be added to the Criminal Procedure Law to

prohibit the introduction of possession of a condom or other
contraceptive device in New York trial, hearing or proceeding pursuant
to Section 60.42 of the criminal procedure law 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.

 EXISTING LAW :

Currently, possession of condoms may be introduced as evidence of
prostitution.

 JUSTIFICATION :

It does not promote public health and welfare if the law discourages
prostitutes from carrying condoms. If anything, their use by
prostitutes should be encouraged by public policy as long as the
sanction against prostitution are not affected. Also, the mere act of
carrying or otherwise possessing condoms should not, in whole or in
part, expose the individuals to the risk of being accused of
prostitution or directly related offenses.

 LEGISLATIVE HISTORY :

1999-2000 S.1645 Died in Committee
2001-2002 S.2299 Died in Committee
2003-2004 S.1701 Died in Committee
2005-2006 S.1704 Died in Committee
2007-2008 S.4089 Died in Committee
2009-2010 S.1289-A Died in Committee
2011-2012 S.323 Died in Committee
2013-2014 S.1379 Died in Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S5694 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5694
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  AVELLA,  COMRIE,  HAMILTON, HOYLMAN,
   KRUEGER, RIVERA, SQUADRON -- read twice and ordered printed, and  when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, the criminal procedure
   law  and  the  executive law, in relation to prohibiting possession of
   contraceptive devices from being permitted in  specified  criminal  or
   civil proceedings as evidence of prostitution
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07162-02-7

 S. 5694                             2
 
 or  proving  any  person's  commission  or  attempted commission of such
 offense.
   §  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.

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Senate Bill S5694

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Tony Avella

Leroy Comrie

Jesse Hamilton

Brad Hoylman-Sigal

2017-S5694 (ACTIVE) - Details

2017-S5694 (ACTIVE) - Summary

2017-S5694 (ACTIVE) - Sponsor Memo

2017-S5694 (ACTIVE) - Bill Text download pdf

Comments