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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2736
SPONSOR: Clark (MS) 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, lewd-
ness 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 provid-
ing 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.
