senate Bill S729

2019-2020 Legislative Session

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

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Sponsored By

Current 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to judiciary

Co-Sponsors

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S729 (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
2017-2018: S5694

S729 (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.

S729 (ACTIVE) - Sponsor Memo

S729 (ACTIVE) - Bill Text download pdf


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

                                   729

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. MONTGOMERY, COMRIE, HOYLMAN, KRUEGER, RIVERA -- 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

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