New York State could likely become the first state to ban the use of condoms as evidence for prostitution.

Those against it say if this becomes reality, it will damage decades spent on efforts to promote the use of safe sex and condoms.

According to Fox News, a study performed in 2010 actually proved that one third of sex workers didn’t use condoms because they feared they would be used against them if they got in trouble with the law.

Former male escort, Hawk Kinkaid, said, "There may be no actual evidence, and the condom is their only way of trying to prove it. The fear that this will be used against you — it prevents people from being able to protect themselves,” NBC News reports.

Nassau County District Attorney Kathleen Rice said the benefits of using condoms – such as decreasing unplanned pregnancies and sexual transmitted diseases – are more important than using them as evidence.

She explained, “Sex workers are more likely victims than they are criminals, and condom evidence was rarely of any value to a prosecution.”

A spokesman for Republican leaders of the Senate confirm the bill is still under consideration but nothing has been passed. Meanwhile, the NYPD is reviewing its policy on using condoms as evidence.