A02736 Summary:

BILL NO    A02736 

SAME AS    SAME AS S01379

SPONSOR    Clark (MS)

COSPNSR    Kellner, Gottfried, Perry, Rosenthal, Simotas, Jaffee, Weprin, Gantt,
           Mosley, Abinanti, Robinson, Titone, Benedetto, Skartados, Steck,
           Jacobs

MLTSPNSR   Arroyo, Brennan, Crouch, DenDekker, Glick, Hevesi, Lentol, Markey,
           Moya, O'Donnell, Pretlow

Add S4519-a, CPLR; add S60.47, CP L; amd S841, Exec L

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.
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A02736 Actions:

BILL NO    A02736 

01/17/2013 referred to codes
06/19/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.588
06/20/2013 ordered to third reading rules cal.588
06/21/2013 passed assembly
06/21/2013 delivered to senate
06/21/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.158
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A02736 Votes:

A02736 06/21/2013 80/48
AbbateYColtonYGarbariNOKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaNORobertsYStirpeER
ArroyoERCorwinNOGiglioNOKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbNOMosleyYRodriguYTediscoNO
BarclayNOCrouchNOGlickYLalorNOMoyaYRosaERTenneyNO
BarrettYCurranNOGoldfedERLavineYNojayNORosenthYThieleNO
BarronYCusickYGoodellNOLentolYNolanYRozicERTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellYTitusY
BlankenNODenDekkERGrafNOLopezNOO'DonneYRyanYWalterER
BorelliNODinowitYGuntherNOLupardoYOrtizYSaladinNOWeinsteY
BoylandABDiPietrNOHawleyNOLupinacNOOtisYSantabaNOWeisenbY
BraunstYDupreyNOHeastieYMageeYPalmesaNOScarborYWeprinER
BrennanYEnglebrNOHennessNOMagnareYPaulinYSchimelYWrightY
BrindisNOEspinalYHevesiYMaiselYPeoplesERSchimmiNOZebrowsNO
BronsonYFahyYHikindERMalliotNOPerryYSepulveERMr SpkrY
Brook-KYFarrellYHooperYMarkeyERPretlowYSimanowER
BuchwalYFinchNOJacobsYMayerYQuartNOSimotasY
ButlerNOFitzpatNOJaffeeYMcDonalYRaNOSkartadY
CahillYFriendNOJohnsNOMcDonouNORabbittNOSkoufisNO
CamaraYGabryszYJordanERMcKevitNORaiaYSolagesY
CerettoNOGalefYKatzNOMcLaughERRamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

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A02736 Memo:

BILL NUMBER:A2736

TITLE OF BILL:
An act
to amend the civil practice law and rules, the criminal procedure
law and the executive law,
in relation to the use in evidence of the fact of possession
of a condom

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 is added to the civil practice law and rules to
prohibit the introduction of possession of a condom in any trial,
hearing or proceeding pursuant to section 12 and article 10 of the
multiple dwelling law, sections 12-a, 2302 and 2320 of the public health
law, section 231 of the real property law, or sections 711 and 715 of
the real property actions and proceedings law as evidence of
prostitution, patronizing a prostitute, promoting prostitution,
permitting prostitution, maintaining a premises for prostitution,
lewdness or assignation, or maintaining a bawdy house.

A new section 60.47 is added to the criminal procedure law to prohibit
the introduction of possession of a condom in any trial, hearing or
proceeding pursuant to article 230 or section 240.37 of the penal law
for the Purpose of establishing probable cause for an arrest or
providing any person's commission or attempted commission of such
offense.

A new subdivision 7-b is added to section 841 of the executive law 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.

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

JUSTIFICATION:
Numerous public health organizations distribute and encourage the use of
condoms in an effort to support and promote safe sex practices, Despite
this, and the importance of condom use to safe sex practices and public
health, current law allows the possession of condoms to be introduced as
evidence in court of prostitution. Such a law discourages the use of
condoms and undermines public health efforts to promote safe sex
practices. By prohibiting the possession of condoms as evidence in court
of prostitution, this bill will help to encourage, instead of
discourage, individuals to use safe sex practices. It will also ensure
that public health efforts that encourage safe sex practices are
supported.

LEGISLATIVE HISTORY:
Senate: 1999-2000, S.1645, Died in committee
2001-2001, 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
4/28/10 - A.10893/S.1289A (Montgomery), referred to Assembly Codes
01/05/11 A.1008/S.323 referred to Assembly, Senate codes
01/04/12 A.1008/S.323 referred to Assembly codes, Senate
Judiciary
06/05/12 referred to Assembly rules

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.
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A02736 Text:

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

                                         2736

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 17, 2013
                                      ___________

       Introduced  by  M.  of  A.  CLARK,  KELLNER,  PERRY, ROSENTHAL, SIMOTAS,
         JAFFEE, WEPRIN, GANTT -- Multi-Sponsored by -- M. of A. ARROYO,  BREN-
         NAN,  CROUCH,  DenDEKKER,  GLICK,  GOTTFRIED,  HEVESI,  LENTOL,  MOYA,
         O'DONNELL, PRETLOW, STEVENSON -- read once and referred to the Commit-
         tee on Codes

       AN ACT to amend the civil practice law and rules, the criminal procedure
         law and the executive law, in relation to the use in evidence  of  the
         fact of possession of a condom

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 4519-a to read as follows:
    3    S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
    4  A CONDOM MAY NOT BE RECEIVED  IN  EVIDENCE  IN  ANY  TRIAL,  HEARING  OR
    5  PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
    6  OF  THE  MULTIPLE  DWELLING LAW, SECTIONS TWELVE-A, TWENTY-THREE HUNDRED
    7  TWO AND TWENTY-THREE HUNDRED TWENTY OF THE PUBLIC  HEALTH  LAW,  SECTION
    8  TWO  HUNDRED  THIRTY-ONE OF THE REAL PROPERTY LAW OR SUBDIVISION FIVE OF
    9  SECTION SEVEN HUNDRED ELEVEN AND SECTION SEVEN HUNDRED  FIFTEEN  OF  THE
   10  REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW AS EVIDENCE OF PROSTITUTION,
   11  PATRONIZING A PROSTITUTE, PROMOTING PROSTITUTION,  PERMITTING  PROSTITU-
   12  TION,  MAINTAINING A PREMISES FOR PROSTITUTION, LEWDNESS OR ASSIGNATION,
   13  OR MAINTAINING A BAWDY HOUSE.
   14    S 2. The criminal procedure law is amended by  adding  a  new  section
   15  60.47 to read as follows:
   16  S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
   17    EVIDENCE  THAT  A  PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
   18  NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING  IN  A  PROSE-
   19  CUTION  FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN
   20  ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL  LAW  FOR  THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03903-01-3
       A. 2736                             2

    1  PURPOSE  OF  ESTABLISHING  PROBABLE  CAUSE  FOR AN ARREST OR PROVING ANY
    2  PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
    3    S  3.  Section  841  of  the  executive law is amended by adding a new
    4  subdivision 7-b to read as follows:
    5    7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO  ENSURE  THAT  ALL  POLICE
    6  OFFICERS  AND  PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
    7  THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING  THE  EVIDENTIARY
    8  PROHIBITION  SET  FORTH  IN  SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW
    9  RELATING TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN  CRIMI-
   10  NAL PROSECUTIONS;
   11    S 4. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.
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