Senate Bill S5694

                            
 
                     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.