S T A T E O F N E W Y O R K
________________________________________________________________________
6052--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 11, 2015
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Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law and the public health law, in relation
to reporting duties of law enforcement agencies, forensic laboratories
and healthcare providers with respect to sexual offense evidence kits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-s
to read as follows:
S 837-S. REPORTING DUTIES OF LAW ENFORCEMENT AGENCIES WITH RESPECT TO
SEXUAL OFFENSE EVIDENCE KITS. 1. AS USED IN THIS SECTION:
(A) "FORENSIC MEDICAL EXAMINATION" MEANS AN EXAMINATION BY A HEALTH
CARE PROVIDER OF A VICTIM OF A POTENTIAL SEX OFFENSE PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW OR OTHERWISE FOR
THE PURPOSES OF GATHERING AND PRESERVING EVIDENCE OF A SEX OFFENSE.
(B) "SEXUAL OFFENSE EVIDENCE KIT" MEANS A HUMAN BIOLOGICAL SPECIMEN OR
SPECIMENS COLLECTED BY A HEALTH CARE PROVIDER DURING A FORENSIC MEDICAL
EXAMINATION FROM THE VICTIM OF A POTENTIAL SEX OFFENSE SUBMITTED TO,
MAINTAINED BY OR STORED WITH A LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF
GATHERING AND PRESERVING EVIDENCE OF A SEX OFFENSE FOR POSSIBLE USE IN A
CRIMINAL CASE. THIS DEFINITION DOES NOT INCLUDE THOSE KITS COLLECTED BY
A HEALTH CARE PROVIDER, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-I
OF THE PUBLIC HEALTH LAW OR OTHERWISE, WHEN: (I) THE ALLEGED VICTIM,
INDEPENDENTLY AND WITHOUT COERCION, HAS REQUESTED THAT THE KIT NOT BE
TESTED; OR (II) THE APPROPRIATE PROSECUTORIAL ENTITY, IN CONSULTATION
WITH THE RELEVANT LAW ENFORCEMENT AGENCY, HAS DETERMINED THAT SUCH KIT
WOULD NOT CONTRIBUTE EVIDENTIARY VALUE TO A CASE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08215-04-6
A. 6052--A 2
(C) "UNTESTED SEXUAL OFFENSE EVIDENCE KIT" MEANS A SEXUAL OFFENSE
EVIDENCE KIT THAT HAS NOT BEEN SUBMITTED TO THE SCIENTIFIC CRIME
DETECTION LABORATORY AS DEFINED IN SECTION TWO HUNDRED SIXTEEN-A OF THIS
CHAPTER, A FORENSIC DNA LABORATORY AS DEFINED IN SUBDIVISION TWO OF
SECTION NINE HUNDRED NINETY-FIVE OF THIS CHAPTER OR ANOTHER SIMILAR
QUALIFIED LABORATORY FOR EITHER A SEROLOGY OR DEOXYRIBONUCLEIC ACID
(DNA) TEST.
2. EACH LAW ENFORCEMENT AGENCY THAT ACCEPTS SEXUAL OFFENSE EVIDENCE
KITS FOR INVESTIGATION SHALL CREATE AN INVENTORY OF THOSE KITS SUBMITTED
TO THE AGENCY. THE INVENTORY SHALL DETAIL, AT A MINIMUM, THE DATE THE
KIT WAS RECEIVED BY SUCH AGENCY, THE HOSPITAL OR OTHER HEALTH CARE
FACILITY OR PRACTITIONER FROM WHICH IT WAS RECEIVED, THE DATE THE KIT
WAS TESTED, AND IF APPLICABLE THE REASON WHY THE KIT WAS NOT SUBMITTED
FOR TESTING. UPON THE EFFECTIVE DATE OF THIS SECTION, EACH LAW ENFORCE-
MENT AGENCY IN THE STATE SHALL PREPARE SUCH AN INVENTORY CONCERNING ALL
OF THE SEXUAL OFFENSE EVIDENCE KITS THEN IN SUCH AGENCY'S POSSESSION OR
CONTROL.
3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, EACH LAW
ENFORCEMENT AGENCY TO OR WITH WHICH A SEXUAL OFFENSE EVIDENCE KIT HAS
BEEN SUBMITTED, MAINTAINED, OR STORED SHALL COMPILE, IN WRITING, A
REPORT DETAILING THE NUMBER OF UNTESTED SEXUAL OFFENSE EVIDENCE KITS, AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, IN THE
POSSESSION OR CONTROL OF SUCH AGENCY, INCLUDING BUT NOT LIMITED TO THE
DATE EACH SEXUAL OFFENSE EVIDENCE KIT WAS COLLECTED BY SUCH AGENCY. THE
REPORT SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE DEPARTMENT OF HEALTH. THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL PROMPTLY PREPARE AND TRANSMIT TO THE TEMPORARY PRESIDENT OF THE
SENATE AND SPEAKER OF THE ASSEMBLY A REPORT SETTING FORTH THE NUMBER OF
UNTESTED SEXUAL OFFENSE EVIDENCE KITS IN THE POSSESSION OR CONTROL OF
EACH LAW ENFORCEMENT AGENCY IN THE STATE AND THE MONTH AND YEAR EACH
UNTESTED SEXUAL OFFENSE EVIDENCE KIT WAS COLLECTED. SUCH REPORT FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL INCLUDE A PLAN FOR ADDRESS-
ING ANY BACKLOG OF UNTESTED SEXUAL OFFENCE EVIDENCE KITS.
S 2. Section 216-a of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. EACH SCIENTIFIC CRIME DETECTION LABORATORY OR ANY OTHER SIMILARLY
QUALIFIED LABORATORY IN THIS STATE THAT HAS RECEIVED ONE OR MORE SEXUAL
OFFENSE EVIDENCE KITS, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THIS CHAPTER SHALL PREPARE AND
TRANSMIT A REPORT TO BOTH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
THE DEPARTMENT OF HEALTH SETTING FORTH THE NUMBER OF UNTESTED SEXUAL
OFFENSE EVIDENCE KITS IN THE POSSESSION OR CONTROL OF SUCH LABORATORY.
THE REPORT SHALL INCLUDE, AT A MINIMUM, THE DATE EACH UNTESTED SEXUAL
OFFENSE EVIDENCE KIT WAS SUBMITTED FOR TESTING. THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL PROMPTLY PREPARE AND TRANSMIT A REPORT BASED UPON
THE INFORMATION PROVIDED PURSUANT TO THIS SUBDIVISION TO THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY. THE REPORT SHALL
INCLUDE A PLAN FOR ADDRESSING ANY BACKLOG OF UNTESTED SEXUAL OFFENSE
EVIDENCE KITS.
S 3. Subdivision 1 of section 2805-i of the public health law is
amended by adding a new paragraph (d) to read as follows:
(D) REPORTING QUARTERLY TO THE DEPARTMENT ON THE DISPOSITION OR TRANS-
FER OF ALL SEXUAL OFFENSE EVIDENCE KITS. THE REPORT SHALL DETAIL, AT A
MINIMUM, HOW MANY SUCH KITS UNDER THE HOSPITAL'S CARE WERE TRANSFERRED
TO LAW ENFORCEMENT OR FORENSIC LABORATORIES, INCLUDING THE SCIENTIFIC
CRIME DETECTION LABORATORY AND OTHER SIMILARLY QUALIFIED LABORATORIES,
A. 6052--A 3
TO WHOM EACH KIT WAS TRANSFERRED, AND THE DATE ON WHICH EACH KIT WAS
TRANSFERRED.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.