S T A T E   O F   N E W   Y O R K
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                                 1018--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens.  MONTGOMERY,  AVELLA,  HAMILTON, HOYLMAN, KRUEGER,
  PERKINS, RIVERA, SQUADRON -- read twice and ordered printed, and  when
  printed  to  be  committed  to  the  Committee  on  Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, SECTION TWELVE-A 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 PROSTI-
TUTION, PATRONIZING A  PROSTITUTE,  PROMOTING  PROSTITUTION,  PERMITTING
PROSTITUTION,  MAINTAINING  A  PREMISES  FOR  PROSTITUTION,  LEWDNESS OR
ASSIGNATION, OR MAINTAINING A BAWDY HOUSE.
  S 2. Section 60.47 of the criminal procedure law, as added by  section
2  of  part  I  of chapter 57 of the laws of 2015, is amended 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 [section 230.00] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02318-05-5
              

S. 1018--A                          2

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
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.