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

                                  10760

                          I N  A S S E M B L Y

                            December 23, 2016
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Simotas) --
  read once and referred to the Committee on Codes

AN ACT to amend the executive law and a chapter  of  the  laws  of  2016
  amending the executive law, relating to the processing and maintenance
  of  sexual  offense  evidence  kits,  as proposed in legislative bills
  numbers A.10067-A and S.8117, in relation to making  technical  amend-
  ments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 838-a of the executive law, as added by a chap-
ter of the laws of 2016, amending the executive law relating to process-
ing and maintenance of sexual offense  evidence  kits,  as  proposed  in
legislative  bills  numbers  A.10067-A and S.8117, is amended to read as
follows:
  S 838-a. Maintenance of sexual offense evidence kits. 1. The following
requirements shall apply to all sexual offense evidence kits surrendered
to or collected by, at the request of, or with cooperation of [an agency
engaged in a law enforcement function in the state] A POLICE  AGENCY  OR
PROSECUTORIAL AGENCY:
  (a)  Each such POLICE agency [engaged in a law enforcement function in
the state] AND PROSECUTORIAL AGENCY  shall  submit  any  sexual  offense
evidence kits in its custody or control to an appropriate forensic labo-
ratory within ten days of receipt.
  (b)  Each  forensic  laboratory receiving sexual offense evidence kits
after the effective date of this  section  shall  ASSESS  CASE  SPECIFIC
INFORMATION  FOR  COMBINED  DNA INDEX SYSTEM (CODIS) ELIGIBILITY AND, IF
ELIGIBLE, ANALYZE THE KITS AND ATTEMPT TO develop  [Combined  DNA  Index
System  (CODIS)]  CODIS  eligible profiles of any potential perpetrators
from the evidence [tested and, within ninety days after receipt of  such
kit,]  SUBMITTED.  THE  FORENSIC  LAB  SHALL  report  the results to the
submitting agency and appropriate  prosecutorial  entity  WITHIN  NINETY
DAYS AFTER RECEIPT OF A KIT.
  (c)  EACH  POLICE AGENCY AND PROSECUTORIAL AGENCY THAT HAS ONE OR MORE
SEXUAL OFFENSE EVIDENCE KIT IN ITS  CUSTODY  OR  CONTROL  SHALL,  WITHIN

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

                                                           LBD13490-10-6

A. 10760                            2

NINETY  DAYS  AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, INVENTORY SUCH
KITS AND REPORT THE TOTAL NUMBER OF SUCH KITS TO THE DIVISION AND TO THE
FORENSIC LABORATORY WHERE SUCH KITS WILL BE SUBMITTED PURSUANT TO  PARA-
GRAPH  (A) OF THIS SUBDIVISION. THE DIVISION SHALL PROVIDE SUCH INVENTO-
RIES TO THE SENATE AND ASSEMBLY LEADERS BY  MARCH  FIRST,  TWO  THOUSAND
SEVENTEEN.    EVERY  POLICE  AND  PROSECUTORIAL AGENCY SHALL UPDATE THIS
REPORT EACH MONTH THEREAFTER UNTIL PARAGRAPH (A) OF THIS SUBDIVISION HAS
BECOME EFFECTIVE.
  (D) Each [agency engaged in a law enforcement function in  the  state]
POLICE AGENCY AND PROSECUTORIAL AGENCY that, prior to the effective date
of  PARAGRAPH  (A) OF this [section] SUBDIVISION, has one or more sexual
offense evidence kits in its  custody  or  control  shall,  within  [one
hundred  eighty]  THIRTY  days  after  [such] THE effective date OF THIS
SECTION, submit all untested kits in its possession  or  control  to  an
appropriate forensic laboratory.
  [(d)]  (E)  Each  forensic laboratory, within one hundred [and] twenty
days after receiving each sexual offense evidence kit pursuant to  para-
graph  [(c)] (D) of this subdivision shall ASSESS CASE SPECIFIC INFORMA-
TION FOR CODIS ELIGIBILITY  AND,  IF  ELIGIBLE,  ANALYZE  THE  KITS  AND
ATTEMPT  TO  develop  [from evidence submitted Combined DNA Index System
(CODIS)] CODIS eligible profiles  for  any  potential  perpetrators  and
shall,  within  ninety  days of [developing] such [profiles] ASSESSMENT,
report the results to the submitting agency and the appropriate prosecu-
torial entity.
  (F) THE FAILURE OF ANY SUCH POLICE  AGENCY,  PROSECUTORIAL  AGENCY  OR
FORENSIC  LABORATORY  TO  COMPLY  WITH  A  TIME  LIMIT SPECIFIED IN THIS
SECTION SHALL NOT, IN AND OF ITSELF, CONSTITUTE A BASIS FOR A MOTION  TO
SUPPRESS  EVIDENCE  IN  ACCORDANCE  WITH  SECTION 710.20 OF THE CRIMINAL
PROCEDURE LAW.
  2. (a) Each forensic laboratory in the state shall report to the divi-
sion, on a quarterly basis, in writing, on  (i)  the  number  of  sexual
offense  evidence  kits  it received, (ii) the number of such kits proc-
essed for the purpose of developing Combined DNA  Index  System  (CODIS)
eligible profiles of any potential perpetrators, and (iii) the number of
kits  not  processed  for  testing, INCLUDING, THE REASON SUCH KITS WERE
INELIGIBLE FOR PROCESSING.
  (b) Each POLICE agency [involved in a law enforcement function in  the
state]  AND PROSECUTORIAL AGENCY shall report to the division on a quar-
terly basis, in writing, on (i) the number of  all  the  sexual  offense
evidence  kits it received, (ii) the number of such kits it submitted to
a forensic laboratory for processing, (iii) the number of  kits  in  its
custody  or  control  that have not been processed for testing, and (iv)
the length of time between receipt of any such sexual  offense  evidence
kit and the submission of any such kit to the forensic laboratory.
  (C) THE DIVISION SHALL PROVIDE TO THE SENATE AND ASSEMBLY LEADERS SUCH
QUARTERLY  REPORTS RECEIVED FROM THE FORENSIC LABS AND POLICE AND PROSE-
CUTORIAL AGENCIES PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION
BY JANUARY FIRST, TWO THOUSAND EIGHTEEN AND ANNUALLY THEREAFTER.
  3. The division shall undertake actions designed to  ensure  that  all
POLICE agencies [engaged in a law enforcement function] AND PROSECUTORI-
AL  AGENCIES in the state and all forensic laboratories are educated and
aware of the provisions of this section.
  S 2. Section 2 of a chapter of the laws of 2016, amending  the  execu-
tive  law  relating  to the processing and maintenance of sexual offense
evidence kits, as proposed in legislative bills  numbers  A.10067-A  and
S.8117, is amended to read as follows:

A. 10760                            3

  S  2. This act shall take effect [on the ninetieth day] ONE YEAR after
it shall have become a law; provided, however, that paragraphs [(c)  and
(d)]  (A) AND (B) of subdivision 1 of section 838-a of the executive law
as added by section one of this act, shall take effect [immediately]  ON
THE  NINETIETH  DAY AFTER THIS ACT SHALL HAVE BECOME A LAW; AND PROVIDED
FURTHER, HOWEVER, THAT PARAGRAPH (C) OF SUBDIVISION 1 OF  SECTION  838-A
OF  THE  EXECUTIVE  LAW  AS ADDED BY SECTION ONE OF THIS ACT, SHALL TAKE
EFFECT IMMEDIATELY.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  a  chapter  of  the laws of 2016, amending the executive law
relating to the processing and maintenance of  sexual  offense  evidence
kits,  as  proposed  in  legislative bills numbers A.10067-A and S.8117,
takes effect.