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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
Apr 26, 2017 referred to judiciary

Co-Sponsors

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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

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.

S5694 (ACTIVE) - Sponsor Memo

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

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