Senate Bill S8117

Signed By Governor
2015-2016 Legislative Session

Provides for the processing of and maintenance of sexual offense evidence kits

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S8117 (ACTIVE) - Details

See Assembly Version of this Bill:
A10067
Law Section:
Public Health Law
Laws Affected:
Add ยง838-a, Exec L

2015-S8117 (ACTIVE) - Summary

Provides for the processing of and maintenance of sexual offense evidence kits.

2015-S8117 (ACTIVE) - Sponsor Memo

2015-S8117 (ACTIVE) - Bill Text download pdf

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

                                  8117

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation  to  the  processing  and
  maintenance of 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  838-a
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) EACH SUCH AGENCY ENGAGED IN A  LAW  ENFORCEMENT  FUNCTION  IN  THE
STATE  SHALL  SUBMIT  ANY SEXUAL OFFENSE EVIDENCE KITS IN ITS CUSTODY OR
CONTROL TO  AN  APPROPRIATE  FORENSIC  LABORATORY  WITHIN  TEN  DAYS  OF
RECEIPT.
  (B)  EACH  FORENSIC  LABORATORY RECEIVING SEXUAL OFFENSE EVIDENCE KITS
AFTER THE EFFECTIVE DATE OF THIS  SECTION  SHALL  DEVELOP  COMBINED  DNA
INDEX  SYSTEM  (CODIS)  ELIGIBLE  PROFILES OF ANY POTENTIAL PERPETRATORS
FROM THE EVIDENCE TESTED AND, WITHIN NINETY DAYS AFTER RECEIPT  OF  SUCH
KIT,  REPORT THE RESULTS TO THE SUBMITTING AGENCY AND APPROPRIATE PROSE-
CUTORIAL ENTITY.
  (C) EACH AGENCY ENGAGED IN A LAW ENFORCEMENT  FUNCTION  IN  THE  STATE
THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, HAS ONE OR MORE SEXU-
AL  OFFENSE  EVIDENCE  KITS  IN ITS CUSTODY OR CONTROL SHALL, WITHIN ONE
HUNDRED EIGHTY DAYS AFTER SUCH EFFECTIVE DATE, SUBMIT ALL UNTESTED  KITS
IN ITS POSSESSION OR CONTROL TO AN APPROPRIATE FORENSIC LABORATORY.
  (D) EACH FORENSIC LABORATORY, WITHIN ONE HUNDRED AND TWENTY DAYS AFTER
RECEIVING  EACH SEXUAL OFFENSE EVIDENCE KIT PURSUANT TO PARAGRAPH (C) OF
THIS SUBDIVISION SHALL DEVELOP  FROM  EVIDENCE  SUBMITTED  COMBINED  DNA
INDEX  SYSTEM  (CODIS)  ELIGIBLE PROFILES FOR ANY POTENTIAL PERPETRATORS
AND SHALL, WITHIN NINETY DAYS OF DEVELOPING SUCH  PROFILES,  REPORT  THE
RESULTS TO THE SUBMITTING AGENCY AND THE APPROPRIATE PROSECUTORIAL ENTI-
TY.

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

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