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A02736 Summary:

A02736 Actions:

A02736 Floor Votes:

A02736 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2736
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 2. The criminal procedure law is amended by  adding  a  new  section
    15  60.47 to read as follows:
    16  § 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    §  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    § 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.