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

                                  10893

                          I N  A S S E M B L Y

                             April 28, 2010
                               ___________

Introduced  by M. of A. CLARK, KELLNER -- Multi-Sponsored by -- M. of A.
  GOTTFRIED -- read once and referred to the Committee 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:

  Section 1. The civil practice law and rules is amended by adding a new
section 4519-a to read as follows:
  S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
A CONDOM MAY NOT BE RECEIVED  IN  EVIDENCE  IN  ANY  TRIAL,  HEARING  OR
PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
OF  THE  MULTIPLE  DWELLING LAW, SECTIONS TWELVE-A, TWENTY-THREE HUNDRED
TWO AND TWENTY-THREE HUNDRED TWENTY OF THE PUBLIC  HEALTH  LAW,  SECTION
TWO  HUNDRED  THIRTY-ONE OF THE REAL PROPERTY LAW OR SUBDIVISION FIVE OF
SECTION SEVEN HUNDRED ELEVEN AND SECTION SEVEN HUNDRED  FIFTEEN  OF  THE
REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW AS EVIDENCE OF PROSTITUTION,
PATRONIZING A PROSTITUTE, PROMOTING PROSTITUTION,  PERMITTING  PROSTITU-
TION,  MAINTAINING A PREMISES FOR PROSTITUTION, LEWDNESS OR ASSIGNATION,
OR MAINTAINING A BAWDY HOUSE.
  S 2. The criminal procedure law is amended by  adding  a  new  section
60.47 to read as follows:
S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
  EVIDENCE  THAT  A  PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING  IN  A  PROSE-
CUTION  FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN
ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL  LAW  FOR  THE
PURPOSE  OF  ESTABLISHING  PROBABLE  CAUSE  FOR AN ARREST OR PROVING ANY
PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
  S 3. Section 841 of the executive law  is  amended  by  adding  a  new
subdivision 7-b to read as follows:
  7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17053-01-0

A. 10893                            2

PROHIBITION SET FORTH IN SECTION 60.47 OF  THE  CRIMINAL  PROCEDURE  LAW
RELATING  TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN CRIMI-
NAL PROSECUTIONS;
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.