April 22, 2010
From The Sex Workers Project in New York State:
April 22, 2010
Dear Supporters of the ‘No Condoms as Evidence’ Bill,
Today we learned that the ‘No Condoms as Evidence’ Bill is on the Senate Codes Committee agenda for next Tuesday. The bill has only made it this far thanks to all of your actions, and we need to keep up the momentum. Please make a call if you can!
• It is best to call the Senator from the district where you live or work, and mention that you are a constituent. You can find out who your State Senator is here: prototype.nytimes.com/represent.
• It is also helpful if larger, more “mainstream” organizations target the Republicans and moderate Democrat with a clear public health message, even if you are not a constituent.
• If you’re calling a bill sponsor or supporter, please thank them for supporting the bill and let them know why this matters to your organization/community.
I have attached talking points about the bill. They are drafted to show this a common sense public health measure that everyone can support. If you are able to make a call, please let us know!
Senator DeFrancisco (518) 455-3511
Senator Golden (518) 455-2730
Senator Volker 518.455.3471
Senator Flanagan 518-455-2071
Senator Bonacic (518) 455-3181
Senator Lanza (518) 455-3215
Senator Saland 518-455-2411
Senator Klein 518-455-3595/ (800) 718-2039
Senator Huntley (518) 455-3531
Senator Sampson (518) 455-2788
Senator Squadron 518-455-2625
Bill Sponsors and Supporters:
Senator Duane-Main Sponsor (518) 455-2451
Senator Breslin (518) 455-2225
Senator Perkins 518-455-2441
Senator Parker (518) 455-2580
Please forward to trusted allies, and thanks again for all your help!
Sienna Baskin, Esq.
Sex Workers Project
Urban Justice Center
Sex Workers Project
Talking Points: ‘No Condoms as Evidence’ Bill!
Contacting Senate Codes Committee
1. Find your State Senator. Go to http://prototype.nytimes.com/represent.
2. Call their Albany office. Ask to speak with someone about Bill S1289, concerning use of condoms as evidence.
3. Tell the staff-member your name, what organization you represent, and if you live or work in the district.
4. If your Senator is a sponsor or supporter of Bill S1289, thank them for their support and let them know why this matters to you, your organization or community.
5. If your Senator is NOT a sponsor or supporter of the bill, tell the staff-member you are calling to ask the Senator to vote YES on Bill S1289 in the Codes Committee.
o If the staff-member is completely unaware of the bill, explain that the bill will prevent the use of condoms as evidence of prostitution in criminal and civil court.
o The bill promotes public health by making sure everyone can carry condoms without worrying it could lead to arrest or conviction.
o Condoms are regularly confiscated by police, leading to higher risk for pregnancy, HIV, and STD’s among vulnerable populations. Sex workers fear arrest if they carry over a certain number of condoms.
o This impacts public health initiatives promoting condom use and distributing condoms to at-risk populations.
o This bill has a broad list of supporters, including the Center for Constitutional Rights, the Anti-Violence Project, NYCLU, the LGBT Center, and many other harm reduction and public health organizations.
d. Tell your representative why this matters to you or your organization/community.
e. End by asking the Senator to vote YES on Bill S1289 in the Codes Committee.
S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
Introduced by M. of A. CLARK — read once and referred to the Committee
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 S 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 S 2. The criminal procedure law is amended by adding a new section
15 60.47 to read as follows:
16 S 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 S 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.