A07671 Summary:

BILL NOA07671
 
SAME ASSAME AS UNI. S05638
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Add S4519-a, CPLR; add S60.49, rpld S160.10 sub 1 (d), amd S160.55, CP L; amd SS841 & 837, Exec L; add SS49 & 83-n, Leg L
 
Relates to the use in evidence of the fact of possession or presence on the premises of condoms and other sexual and reproductive health devices.
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A07671 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7671
 
SPONSOR: Walker
  TITLE OF BILL: An act to amend the civil practice law and rules, the criminal procedure law, the executive law, and the legislative law in relation to the use in evidence of the fact of possession or presence on the premises of condoms and other sexual and reproductive health devices; and repealing certain provisions of the criminal procedure law relating thereto   PURPOSE: The purpose of this bill is to codify the commitment to public health enshrined in the New York State Constitution, by prohibiting the use in criminal, civil or administrative proceedings of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prostitution or trafficking-related offenses, and to assess and reduce the disparate impacts of this practice upon members of vulnerable populations, such as survivors of trafficking and people who are or are profiled as engaging in the sex trades.   EXISTING LAW: Currently, possession of condoms may be introduced as evidence of pros- titution and trafficking-related offenses in most criminal, civil and administrative proceedings except misdemeanor prostitution and loitering for the purpose of prostitution. Other sexual and reproductive health tools, however, may be introduced as evidence of all prostitution and trafficking-related offenses.   SUMMARY OF PROVISIONS: Section 1 states that this act shall be known as the "End Criminaliza- tion of Condoms Act". Section 2 states certain legislative findings. Section 3 adds a new section 4519-a to the civil practice law and rules to prohibit introduction of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prostitution, patronizing a prostitute, promoting prostitution, permit- ting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house, in any trial, hearing or proceeding pursuant to section 12 and article 10 of the multiple dwell- ing law (liens on premises used for unlawful purposes), sections 12-a and title 2 of article 23 of the public health law (hearings and equita- ble proceedings regarding premises used for prostitution), section 231 of the real property law (voiding of lease on premises used for unlawful purposes), or sections 711 and 715 of the real property actions and proceedings law (summary eviction proceedings). Section 4 adds a new section 60.47 to the criminal procedure law to prohibit introduction of the fact of possession or presence of condoms and other reproductive and sexual health devices as evidence of prosti- tution or trafficking-related activity in any trial, hearing or proceed- ing pursuant to article 230 or section 240.37 of the penal law (prosti- tution and trafficking-related offenses), or section 6512 of the education law (unlicensed practice of a profession), or by any related local or municipal law or regulation, for the purpose of establishing probable cause for an arrest or proving any person's commission or attempted commission of such offense. Section 5 amends section 160.10(1) of the criminal procedure law to remove subdivision two of section 240.37 of the penal law (loitering for the purpose of engaging in a prostitution offense) to provide that this violation shall no longer be an offense requiring fingerprinting. Section 6 amends section 160.55 of the criminal procedure law to remove subdivision two of section 240.37 of the penal law (loitering for the purpose of engaging in a prostitution offense) to provide that sealing of convictions appropriate to violation-level offenses shall be avail- able for this violation. It also deletes references to former section 240.35 of the penal law, as repealed by chapter 232 of the laws of 2010. Section 7 adds a new subdivision 7-b to section 841 of the executive law to authorize the Commissioner of Criminal Justice Services to take such steps as necessary to ensure that police and peace officers receive appropriate instruction regarding the evidentiary prohibition set forth in section 60.47 of the criminal procedure law. Section 8 adds a new section 49 to the legislative law to create guide- lines for the implementation and use of health and human rights impact statements to accompany certain legislation. Section 9 adds a new section 83-n to the legislative law to establish a volunteer legislative commission on health and human rights. Section 10 amends paragraph f of subdivision 4 of section 837 of the executive law to require that the Division of Criminal Justice Services conduct research and analysis necessary to complete health and human rights impact statements and present an annual report containing statis- tics and other information relevant to such statements. Section 11 sets forth a severability provision. Section 12 establishes the effective date.   JUSTIFICATION: Currently, for purposes of prosecuting certain criminal, civil and administrative offenses, reproductive and sexual health tools, and particularly condoms and lubricants, are being confiscated and destroyed by law enforcement officers and introduced by prosecution as evidence in trials, hearings, and proceedings. This practice deters those most vulnerable to the HIV epidemic, other sexually transmitted infections, and unwanted pregnancies from using condoms by sending the message that possession or presence of condoms provides a legal basis for being stopped, questioned, and arrested by police. This message undermines public health efforts to promote safer sex practices, and creates a perverse incentive for exploiters to deny access to critical reproduc- tive and sexual health tools to victims of trafficking, which are essen- tial to enabling them to protect themselves from unwanted pregnancies, HIV and other sexually transmitted infections. Promoting and protecting health, and respecting and fulfilling human rights are necessarily linked, and health-oriented and rights-based law enforcement efforts are central to the effective provision of government services for the benefit of the people of the State. By adopting a comprehensive ban on using the possession or presence of condoms as evidence in all prostitution-related cases, this bill will help to encourage, instead of discourage, safer sex practices. Article 17, section 3 of the New York State Constitution requires that the legislature protect and promote the health of the inhabitants of this state as a matter of public concern. It is pursuant to this princi- ple that the New York City Department of Health and Mental Hygiene spends upward to $30 million annually on distributing more than 38 million condoms per year at approximately 3,500 locations throughout New York City. However, with one hand the government distributes these condoms and with the other it destroys, confiscates and introduces them as evidence of criminal offenses. The same New York City branded condoms distributed by the City are thrown in City trashcans, or listed as arrest evidence on police property vouchers and on supporting deposi- tions filed in criminal cases as evidence of intent to engage in prosti- tution in the prosecution of the offenses covered by this bill. Governor Andrew M. Cuomo recently announced a bold commitment to end the AIDS epidemic in New York by 2020. The first-ever statewide initiative to reduce new transmissions to 750 or fewer per year, improve access to care for people living with HIV/AIDS (PLWHA), and work to ensure that PLWHA have undetectable viral loads at a rate that outpaces new infections. Under current law, the very same prevention tools that are centerpieces of this plan - condoms - may be lawfully confiscated and introduced as evidence in a criminal prosecution for a prostitution or trafficking-related offense. New York simply cannot end AIDS by 2020 without lifting barriers to access and use of these critical sexual health tools. The practice of using condoms as evidence in prostitution cases has come under criticism across the country. In 2012, Congresswoman Kathleen Rice as former Nassau County District Attorney implemented a comprehensive ban on the use of condoms as evidence in all prostitution and traffick- ing-related prosecutions in her jurisdiction. Congresswoman Rice concluded that any potential benefits of using condoms as evidence do not outweigh the public health impact. She also noted that more serious trafficking cases are made out on witness and other evidence, and that "condom evidence was rarely of any value to a prosecution." According to Rice, "If you need that condom so badly in the case against a traffick- er, then you don't have a good case." Similarly, in 2013, former Brook- lyn District Attorney, Charles Hynes wrote a scathing letter to then-NYC Police Commissioner Ray Kelly condemning the police department's prac- tice of using condoms as evidence in prostitution cases and demanding that the Commissioner end the
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A07671 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 5638                                                  A. 7671
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      May 21, 2015
                                       ___________
 
        IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary
 
        IN  ASSEMBLY  -- Introduced by M. of A. WALKER -- read once and referred
          to the Committee on Codes
 
        AN ACT to amend the civil practice law and rules, the criminal procedure
          law, the executive law, and the legislative law in relation to the use
          in evidence of the fact of possession or presence on the  premises  of
          condoms  and other sexual and reproductive health devices; and repeal-
          ing certain provisions of the criminal procedure law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "End crimi-
     2  nalization of condoms act".
     3    § 2. Legislative findings. The legislature hereby finds that promoting
     4  and  protecting  health  and  respecting and fulfilling human rights are
     5  necessarily  linked,  and  that  health-oriented  and  rights-based  law
     6  enforcement efforts are central to the effective provision of government
     7  services for the benefit of the people of the State. Article 17, section
     8  3 of the New York constitution requires that the legislature protect and
     9  promote  the  health  of  the  inhabitants  of this state as a matter of
    10  public concern. Despite these provisions, for  purposes  of  prosecuting
    11  certain  criminal,  civil  and administrative offenses, reproductive and
    12  sexual health tools, including condoms, are currently  being  destroyed,
    13  confiscated,  or  used  as  evidence  by  law enforcement officers. This
    14  legislation is intended to strengthen the public health of all New York-
    15  ers, including the most vulnerable, while preserving the ability of  law
    16  enforcement  to  prosecute  other crimes such as felony sexual offenses.
    17  The purpose of this bill is to avoid the disparate impact of  the  prac-
    18  tice of citing condoms and other reproductive and sexual health tools as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11221-02-5

        S. 5638                             2                            A. 7671
 
     1  evidence  upon  survivors  of  trafficking  and  people  who  are or are
     2  profiled as being engaged in the sex trades.
     3    §  3.  The  civil  practice  law  and rules is amended by adding a new
     4  section 4519-a to read as follows:
     5    § 4519-a. Possession of reproductive or sexual health devices; receipt
     6  into evidence.  1. The fate of possession of a condom or other reproduc-
     7  tive or sexual health device may not be  received  in  evidence  in  any
     8  trial,  hearing  or  proceeding  pursuant  to subdivision one of section
     9  twelve and article ten of the multiple dwelling law,  sections  twelve-a
    10  and  twenty-three  hundred  twenty of the public health law, section two
    11  hundred thirty-one of the real  property  law  or  subdivision  five  of
    12  section  seven  hundred  eleven and section seven hundred fifteen of the
    13  real property actions and proceedings law, or by any law, local  law  or
    14  ordinance of a political subdivision of this state, or by any word, rule
    15  or  regulation  of any governmental instrumentality authorized by law to
    16  adopt the same as evidence of prostitution,  patronizing  a  prostitute,
    17  promoting  prostitution, permitting prostitution, maintaining a premises
    18  for prostitution, lewdness or assignation, maintaining  a  bawdy  house,
    19  compelling prostitution, or sex trafficking.
    20    2. "Reproductive or sexual health device" shall include any contracep-
    21  tive  or  other  tool  used  to prevent unwanted pregnancy or the trans-
    22  mission of HIV or other sexually transmitted diseases, including but not
    23  limited  to  male  condoms,  female  condoms,  lubricants,  pre-exposure
    24  prophylaxis ("PrEP"), post-exposure prophylaxis ("PEP"), HIV anti-retro-
    25  viral medication, spermicide, hormonal methods, emergency contraception,
    26  diaphragm, cervical cap, or sponge.
    27    3.  "Possession"  means  to  have  physical possession or otherwise to
    28  exercise dominion or control over tangible property.
    29    4. The fact of possession or presence in a premises of a  reproductive
    30  or sexual health device shall not be introduced as evidence by any means
    31  for  any of the aforementioned purposes, including by either physical or
    32  testimonial evidence.
    33    § 4. The criminal procedure law is amended by  adding  a  new  section
    34  60.49 to read as follows:
    35  § 60.49 Possession of reproductive or sexual health device; receipt into
    36            evidence.
    37    1.  Evidence  that  a  person  was  in possession of a condom or other
    38  reproductive or sexual health device may not be admitted at  any  trial,
    39  hearing  or  other  proceeding  in  a prosecution for any offense, or an
    40  attempt to commit any offense, defined in article two hundred thirty  or
    41  section  240.37  of the penal law, or section 6512 of the education law,
    42  or any law, local law or ordinance of a political  subdivision  of  this
    43  state, or any word, rule or regulation of any governmental instrumental-
    44  ity authorized by law to adopt the same, for the purpose of establishing
    45  probable  cause  for  an  arrest  or  proving any person's commission or
    46  attempted commission of such offense, as  evidence  of  prostitution  or
    47  trafficking-related activity.
    48    2. "Reproductive or sexual health device" shall include any contracep-
    49  tive  or  other  tool  used  to prevent unwanted pregnancy or the trans-
    50  mission of HIV or other sexually transmitted diseases, including but not
    51  limited to male condoms, female condoms, lubricant, pre-exposure prophy-
    52  laxis ("PrEP"), post-exposure prophylaxis ("PEP"),  HIV  anti-retroviral
    53  medication,   spermicide,  hormonal  methods,  emergency  contraception,
    54  diaphragm, cervical cap, or sponge.
    55    3. "Possession" means to have  physical  possession  or  otherwise  to
    56  exercise dominion or control over tangible property.

        S. 5638                             3                            A. 7671
 
     1    4.  The  fact of possession or presence on the premises of a reproduc-
     2  tive or sexual health device shall not be introduced as evidence by  any
     3  means  for any of the aforementioned purposes, including by either phys-
     4  ical or testimonial evidence.
     5    §  5. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
     6  procedure law is REPEALED.
     7    § 6. The opening paragraph of subdivision 1, subdivision 2 and  subdi-
     8  vision  3  of  section 160.55 of the criminal procedure law, the opening
     9  paragraph of subdivision 1 as amended by chapter  169  of  the  laws  of
    10  1994,  subdivision  2  as amended by chapter 476 of the laws of 2009 and
    11  subdivision 3 as amended by chapter 249 of the laws of 1981  and  renum-
    12  bered  by  chapter  142  of  the  laws  of  1991, are amended to read as
    13  follows:
    14    Upon the termination of a criminal  action  or  proceeding  against  a
    15  person  by  the  conviction  of such person of a traffic infraction or a
    16  violation, other than [a violation of loitering as  described  in  para-
    17  graph  (d)  or  (e) of subdivision one of section 160.10 of this chapter
    18  or] the violation of operating a motor vehicle while ability impaired as
    19  described in subdivision one of section eleven hundred ninety-two of the
    20  vehicle and traffic law, unless the district attorney upon  motion  with
    21  not  less  than  five  days notice to such person or his or her attorney
    22  demonstrates to the satisfaction of the  court  that  the  interests  of
    23  justice  require otherwise, or the court on its own motion with not less
    24  than five days notice to such person or his or her  attorney  determines
    25  that  the  interests of justice require otherwise and states the reasons
    26  for such determination on the record, the clerk  of  the  court  wherein
    27  such  criminal  action  or  proceeding  was terminated shall immediately
    28  notify the commissioner of the division of criminal justice services and
    29  the heads of all appropriate police departments and other  law  enforce-
    30  ment  agencies  that  the action has been terminated by such conviction.
    31  Upon receipt of notification of such termination:
    32    2. A report  of  the  termination  of  the  action  or  proceeding  by
    33  conviction of a traffic violation or a violation other than [a violation
    34  of  loitering as described in paragraph (d) or (e) of subdivision one of
    35  section 160.10 of this title or] the  violation  of  operating  a  motor
    36  vehicle  while  ability  impaired  as  described  in  subdivision one of
    37  section eleven hundred ninety-two of the vehicle and traffic law,  shall
    38  be  sufficient  notice of sealing to the commissioner of the division of
    39  criminal justice services unless the  report  also  indicates  that  the
    40  court  directed  that  the  record  not  be  sealed  in the interests of
    41  justice. Where the court has determined pursuant to subdivision  one  of
    42  this  section that sealing is not in the interests of justice, the clerk
    43  of the court shall include notification of  that  determination  in  any
    44  report  to such division of the disposition of the action or proceeding.
    45  When the defendant has been found guilty of a violation of harassment in
    46  the second degree and it was determined pursuant to subdivision  eight-a
    47  of  section  170.10  of  this  title  that  such violation was committed
    48  against a member of the same family or household as the  defendant,  the
    49  clerk  of  the court shall include notification of that determination in
    50  any report to such division of the disposition of the action or proceed-
    51  ing for purposes of paragraph (a) and subparagraph (vi) of paragraph (d)
    52  of subdivision one of this section.
    53    3. A person against whom a criminal action or  proceeding  was  termi-
    54  nated  by  such person's conviction of a traffic infraction or violation
    55  other than [a violation of loitering as described in  paragraph  (d)  or
    56  (e)  of  subdivision  one  of  section  160.10  of  this chapter or] the

        S. 5638                             4                            A. 7671
 
     1  violation of  operating  a  motor  vehicle  while  ability  impaired  as
     2  described in subdivision one of section eleven hundred ninety-two of the
     3  vehicle  and  traffic  law, prior to the effective date of this section,
     4  may  upon  motion apply to the court in which such termination occurred,
     5  upon not less than twenty days notice to the district attorney,  for  an
     6  order granting to such person the relief set forth in subdivision one of
     7  this section, and such order shall be granted unless the district attor-
     8  ney  demonstrates to the satisfaction of the court that the interests of
     9  justice require otherwise.
    10    § 7. Section 841 of the executive law  is  amended  by  adding  a  new
    11  subdivision 7-b to read as follows:
    12    7-b.  Take  such  steps  as may be necessary to ensure that all police
    13  officers and peace officers certified pursuant to subdivision  three  of
    14  this  section  receive appropriate instruction regarding the evidentiary
    15  prohibition set forth in section 60.47 of the criminal procedure law and
    16  section forty-five hundred nineteen-a of  the  civil  practice  law  and
    17  rules  relating  to  the use of condoms and other reproductive or sexual
    18  health devices as evidence in certain trials, hearings  or  proceedings,
    19  or as a basis for probable cause for arrest, including that unauthorized
    20  seizure  or  confiscation  of  condoms  and other reproductive or sexual
    21  health devices is a breach of public policy.
    22    § 8. The legislative law is amended by adding a new section 49 to read
    23  as follows:
    24    § 49. Requirement with respect to bills amending  certain  laws  which
    25  affect health and human rights. Whenever a committee favorably reports a
    26  bill to amend articles two hundred thirty or section 240.37 of the penal
    27  law,  or, at the discretion of the voting majority of the committee, any
    28  bill which, if passed, would increase or decrease the number  of  arres-
    29  tees  or  pretrial or sentenced population of correctional facilities in
    30  this state, a majority of the committee members voting may request  that
    31  a health and human rights impact statement be prepared.  The legislature
    32  shall  by  concurrent  resolution  of  the senate and assembly prescribe
    33  rules requiring health and human rights impact statements to  accompany,
    34  on  a separate form, bills and amendments to bills after such bills have
    35  been reported from committee.  Health and human rights impact statements
    36  shall be prepared before the bill is considered for final  passage.  The
    37  statement  shall indicate whether the bill would have a disparate impact
    38  by  race,  ethnicity,  religion,  age,  gender,   gender   identity   or
    39  expression, sexual orientation, immigration status, disability, or hous-
    40  ing  status  composition of the arrestee and correctional facility popu-
    41  lation and an explanation of that impact. Any impact  statement  printed
    42  with  or  prepared  for a bill is solely for the purpose of information,
    43  summarization and explanation for members of the legislature  and  shall
    44  not  be  construed  to represent the intent of the legislature or either
    45  chamber thereof for any purpose. Each impact statement  shall  bear  the
    46  following  disclaimer:  "The  following  health  and human rights impact
    47  statement is prepared for the benefit of the members of the legislature,
    48  solely for purposes of information, summarization  and  explanation  and
    49  does not represent the intent of the legislature or either chamber ther-
    50  eof for any purpose."
    51    §  9.  The  legislative law is amended by adding a new section 83-n to
    52  read as follows:
    53    § 83-n. Legislative commission on health and human rights.
    54    1. The legislature hereby finds that promoting and  protecting  health
    55  and  respecting  and fulfilling human rights are necessarily linked, and
    56  that coordination between health and law enforcement efforts is  central

        S. 5638                             5                            A. 7671
 
     1  to the effective provision of government services for the benefit of the
     2  people of the state.
     3    2.  A  legislative  commission  on  health  and human rights is hereby
     4  established to examine, evaluate  and  make  recommendations  concerning
     5  rights-based  approaches  to  health  and law enforcement interventions.
     6  The commission shall act as  a  mechanism  for  ongoing  and  meaningful
     7  involvement  of  those  who are or potentially could be affected by this
     8  law, including, but not limited to, survivors of trafficking, people who
     9  are or are profiled as being involved in the sex trades, communities  of
    10  color,  lesbian,  gay,  bisexual  and  transgender people, and people in
    11  custodial settings. The commission shall provide monitoring  and  expert
    12  perspective  to the legislature, promoting awareness of problems in real
    13  time as they emerge, increase cooperation and collaboration between  the
    14  individuals and communities directly impacted and their legislators, and
    15  allow  legislators to share responsibility for successes and failures of
    16  these initiatives. The commission shall make such recommendations as  it
    17  may  deem  necessary as to regulations, policies, programs, and proposed
    18  legislation to provide an equitable system of providing for  the  public
    19  safety while also protecting public health, to encourage the most effec-
    20  tive  use of state and local resources, to preserve the fiscal integrity
    21  of both state and local  government  health  systems  and  otherwise  to
    22  strengthen the fundamental human right to health.
    23    3.  The commission shall consist of ten representatives from organiza-
    24  tions that promote advocacy by and for  directly  impacted  communities.
    25  From  among the members so appointed, a chairperson and vice chairperson
    26  shall be designated by the joint  action  of  the  chairpersons  of  the
    27  senate  and  assembly  health committees. Any vacancy that occurs in the
    28  commission or in the chairmanship or vice chairmanship shall  be  filled
    29  in  the same manner in which the original appointment or designation was
    30  made.
    31    4. The commission in addition to the above mentioned powers shall have
    32  all the powers and privileges of a  legislative  committee  pursuant  to
    33  this chapter.
    34    5.  For  the  accomplishment  of  its purpose, the commission shall be
    35  authorized and empowered to undertake any  study,  inquiry,  survey,  or
    36  analysis  it  may deem relevant through its own personnel in cooperation
    37  with or by agreement with any other public or private agency.
    38    6. The commission may require and shall receive from  any  department,
    39  board,  bureau,  commission, authority, office, or other instrumentality
    40  of the state, and from any county, city, town or village of this  state,
    41  such  facilities, assistance, and data, as it deems necessary or desira-
    42  ble for proper execution of its powers and duties.
    43    7. The commission may hold public or private hearings and  shall  have
    44  full  powers to subpoena witnesses and all records or data it shall deem
    45  necessary or desirable pursuant to this chapter.
    46    8. The members of the commission shall serve on a voluntary basis  and
    47  receive no compensation for their services.
    48    §  10.  Paragraph (f) of subdivision 4 of section 837 of the executive
    49  law, as amended by chapter 169 of the laws of 1994, is amended and a new
    50  paragraph (g) is added to read as follows:
    51    (f) Accomplish all of the functions, powers, and duties set  forth  in
    52  paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
    53  processing  and  disposition  of cases involving violent felony offenses
    54  specified in subdivision one of section 70.02 of the penal law; and
    55    (g) Accomplish all of the functions, powers, and duties set  forth  in
    56  paragraphs (a), (b), (c) and (d) of this subdivision with respect to all

        S. 5638                             6                            A. 7671
 
     1  chapters  of law resulting from legislative bills that have been subject
     2  to the provisions of  sections  forty-nine  and  eighty-three-n  of  the
     3  legislative  law. The division shall present to the governor, the tempo-
     4  rary  president  of  the  senate, the minority leader of the senate, the
     5  speaker of the assembly and the minority leader of the assembly an annu-
     6  al report containing the statistics and other  information  relevant  to
     7  this subdivision.
     8    §  11.  If any provision of this article or the application thereof to
     9  any person, circumstances, or political subdivision  of  this  state  is
    10  adjudged  invalid  by  a  court  of competent jurisdiction such judgment
    11  shall not affect or impair the validity of the other provisions  of  the
    12  article  or  the  application thereof to other political subdivisions of
    13  this state, persons, and circumstances.
    14    § 12. This act shall take effect on the first of March next succeeding
    15  the date on which it shall have become a law.
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