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.
STATE OF NEW YORK
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2375
2011-2012 Regular Sessions
IN ASSEMBLY
January 18, 2011
___________
Introduced by M. of A. CLARK, KELLNER, GOTTFRIED -- read once and
referred to the Committee on Codes
AN ACT to amend the civil practice law and rules and the criminal proce-
dure 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 Possession of a condom may not be received in evidence in any trial,
18 hearing or proceeding pursuant to section 60.42 of this article, article
19 two hundred thirty and section 240.37 of the penal law as evidence of
20 prostitution, patronizing a prostitute, promoting prostitution or
21 permitting prostitution.
22 § 3. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01401-02-1
