NY State Senate Bill 2017-S3326

Archive: Last Bill Status - In Senate Committee Finance Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 20, 2017	referred to finance

2017-S3326 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §838-b, Exec L

2017-S3326 (ACTIVE) - Summary

Establishes a sexual assault kit tracking system; authorizes the division of criminal justice services to create and operate a sexual assault kit tracking system to track the location and status of sexual assault kits throughout the criminal justice process; requires a semi-annual report to the legislature and governor; makes related provisions.

2017-S3326 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3326

 TITLE OF BILL :  An act to amend the executive law, in relation to a
statewide sexual assault kit tracking system

 PURPOSE :

To create a state-sanctioned system providing sexual assault victims a
means to track the status of their sexual assault kits.

 SUMMARY OF PROVISIONS :

Section one subdivision 838-b would create a statewide sexual assault
tracking system, permitting the division to contract with state or
nonstate entities for the creation, operation, and maintenance of the
system.

Section one subdivision 838-b(2) mandates that the system would track
the location and status of sexual assault kits throughout the criminal
justice process. Additionally, this section permits medical
facilities, law enforcement, and other entities in the custody of
sexual assault kits to update the system and track the status and
location of those kits. Furthermore, this section permits victims to
track the status of their kits at any time. Lastly, it requires the
use of electronic technology or technologies to allow continuous
access.

Section one subdivision 838-b{3) provides guidelines regarding
"phasing in" the system and, upon being established, requires full
participation of all entities involved in the system.

Section 838-b(4) requires the division to submit a semiannual report
on the system to the appropriate committees of the legislature and
governor. This section establishes the date of the first report at
July 21, 2018 and subsequent reports January 31 and July 31
thereafter.

Section 838-b(5) assigns the assaults kits to the participating
jurisdictions.

 JUSTIFICATION :

This bill will create a statewide sexual assault kit tracking system
which will allow victims of sexual assault to track their evidence
kits online throughout the testing and judicial processes. This system
will provide victims with the means to monitor sexual assault evidence
kits from the manufacturer, through the hospital, law enforcement
agencies, the crime laboratory, and up through the judicial process.

Though New York has accomplished significant sexual assault kit reform
in the recent past, a system to track those kits, and laws mandating
compliance and participation in those systems, are essential to bring
justice to the thousands of sexual assault victims in our state who
are often left in the dark when it comes to the status of their sexual
assault kits.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
The act shall take immediately.

2017-S3326 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3326
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation  to  a  statewide  sexual
   assault kit tracking system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The legislature recognizes  the  deep  pain  and  suffering
 experienced  by  victims of sexual assault. Sexual assault is an extreme
 violation of a person's body  and  sense  of  self  and  safety.  Sexual
 violence  is  a pervasive social problem. National studies indicate that
 approximately one in four women will  be  sexually  assaulted  in  their
 lifetimes.  Survivors  often turn to hospitals and local law enforcement
 for help, and many volunteer to  have  professionals  collect  a  sexual
 assault kit to preserve physical evidence from their bodies. The process
 of collecting a sexual assault kit is extremely invasive and difficult.
   The  legislature  finds that, when forensic analysis is completed, the
 biological evidence contained inside  sexual  assault  kits  can  be  an
 incredibly powerful tool for law enforcement to solve and prevent crime.
 Forensic  analysis  of all sexual assault kits sends a message to survi-
 vors that they matter. It sends a message to perpetrators that they will
 be held accountable for their crimes. The legislature  is  committed  to
 bringing healing and justice to survivors of sexual assault.
   The  legislature recognizes the laudable and successful efforts of law
 enforcement in the utilization of forensic analysis  of  sexual  assault
 kits  in  the  investigation  and prosecution of crimes. The legislature
 intends to continue building on the state's efforts to  address  serious
 concerns  with  the  treatment of sexual assault kits through the estab-
 lishment of the statewide sexual assault kit tracking system. The system
 will be designed to track all sexual assault kits in the state in  order
 to  further  empower  survivors with information, assist law enforcement

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04955-01-7

 S. 3326                             2
 
 with investigations and crime prevention, and  create  transparency  and
 foster public trust.
   §  2.  The  executive  law is amended by adding a new section 838-b to
 read as follows:
   § 838-B. SEXUAL ASSAULT KIT TRACKING SYSTEM.  1.  THE  DIVISION  SHALL
 CREATE  AND  OPERATE A STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM. THE
 DIVISION MAY CONTRACT WITH STATE OR NONSTATE ENTITIES INCLUDING, BUT NOT
 LIMITED TO, PRIVATE SOFTWARE AND TECHNOLOGY PROVIDERS, FOR THE CREATION,
 OPERATION, AND MAINTENANCE OF THE SYSTEM.
   2. THE STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM SHALL:
   (A) TRACK THE LOCATION AND STATUS OF SEXUAL  ASSAULT  KITS  THROUGHOUT
 THE  CRIMINAL JUSTICE PROCESS, INCLUDING THE INITIAL COLLECTION IN EXAM-
 INATIONS PERFORMED AT MEDICAL FACILITIES,  RECEIPT  AT  LAW  ENFORCEMENT
 AGENCIES, AND RECEIPT AND ANALYSIS AT FORENSIC LABORATORIES;
   (B)  ALLOW MEDICAL FACILITIES PERFORMING SEXUAL ASSAULT FORENSIC EXAM-
 INATIONS, LAW ENFORCEMENT AGENCIES, PROSECUTORS,  ALL  STATE  AND  LOCAL
 CRIME  LABORATORIES, AND OTHER ENTITIES IN THE CUSTODY OF SEXUAL ASSAULT
 KITS TO UPDATE AND TRACK THE STATUS AND LOCATION OF SEXUAL ASSAULT KITS;
   (C) ALLOW VICTIMS OF SEXUAL ASSAULT TO ANONYMOUSLY  TRACK  OR  RECEIVE
 UPDATES REGARDING THE STATUS OF THEIR SEXUAL ASSAULT KITS; AND
   (D)  USE  ELECTRONIC  TECHNOLOGY  OR  TECHNOLOGIES ALLOWING CONTINUOUS
 ACCESS.
   3. THE DIVISION MAY PHASE INITIAL PARTICIPATION ACCORDING  TO  REGION,
 VOLUME, OR OTHER APPROPRIATE CLASSIFICATIONS. ALL ENTITIES IN THE CUSTO-
 DY OF SEXUAL ASSAULT KITS SHALL FULLY PARTICIPATE IN THE SYSTEM NO LATER
 THAN  JULY  FIRST,  TWO  THOUSAND  EIGHTEEN. THE DIVISION SHALL SUBMIT A
 REPORT ON THE CURRENT STATUS AND PLAN FOR LAUNCHING THE SYSTEM,  INCLUD-
 ING THE PLAN FOR PHASED IMPLEMENTATION, TO APPROPRIATE COMMITTEES OF THE
 LEGISLATURE,  AND THE GOVERNOR NO LATER THAN JANUARY FIRST, TWO THOUSAND
 EIGHTEEN.
   4. THE DIVISION SHALL SUBMIT A  SEMIANNUAL  REPORT  ON  THE  STATEWIDE
 SEXUAL  ASSAULT KIT TRACKING SYSTEM TO THE APPROPRIATE COMMITTEES OF THE
 LEGISLATURE AND THE GOVERNOR. THE REPORT SHALL BE MADE AVAILABLE TO  THE
 PUBLIC  THROUGH  THE  DIVISION'S  WEB SITE. THE FIRST REPORT IS DUE JULY
 FIRST, TWO THOUSAND EIGHTEEN AND  SUBSEQUENT  REPORTS  ARE  DUE  JANUARY
 THIRTY-FIRST  AND  JULY  THIRTY-FIRST  OF  EACH  YEAR.  THE REPORT SHALL
 INCLUDE THE FOLLOWING:
   (A) THE TOTAL NUMBER OF SEXUAL ASSAULT KITS IN  THE  SYSTEM  STATEWIDE
 AND BY JURISDICTION;
   (B)  THE  TOTAL  AND  SEMIANNUAL  NUMBER  OF SEXUAL ASSAULT KITS WHERE
 FORENSIC ANALYSIS HAS BEEN COMPLETED STATEWIDE AND BY JURISDICTION;
   (C) THE NUMBER OF SEXUAL ASSAULT KITS  ADDED  TO  THE  SYSTEM  IN  THE
 REPORTING PERIOD STATEWIDE AND BY JURISDICTION;
   (D)  THE  TOTAL  AND  SEMIANNUAL  NUMBER  OF SEXUAL ASSAULT KITS WHERE
 FORENSIC ANALYSIS HAS BEEN REQUESTED BUT NOT COMPLETED STATEWIDE AND  BY
 JURISDICTION;
   (E)  THE  AVERAGE AND MEDIAN LENGTH OF TIME FOR SEXUAL ASSAULT KITS TO
 BE SUBMITTED FOR FORENSIC ANALYSIS AFTER  BEING  ADDED  TO  THE  SYSTEM,
 INCLUDING  SEPARATE  SETS  OF  DATA  FOR  ALL SEXUAL ASSAULT KITS IN THE
 SYSTEM STATEWIDE AND BY JURISDICTION AND FOR SEXUAL ASSAULT  KITS  ADDED
 TO THE SYSTEM IN THE REPORTING PERIOD STATEWIDE AND BY JURISDICTION;
   (F)  THE AVERAGE AND MEDIAN LENGTH OF TIME FOR FORENSIC ANALYSIS TO BE
 COMPLETED ON SEXUAL ASSAULT KITS AFTER  BEING  SUBMITTED  FOR  ANALYSIS,
 INCLUDING  SEPARATE  SETS  OF  DATA  FOR  ALL SEXUAL ASSAULT KITS IN THE
 SYSTEM STATEWIDE AND BY JURISDICTION AND FOR SEXUAL ASSAULT  KITS  ADDED
 TO THE SYSTEM IN THE REPORTING PERIOD STATEWIDE AND BY JURISDICTION;

 S. 3326                             3
 
   (G)  THE  TOTAL NUMBER OF SEXUAL ASSAULT KITS, STATEWIDE AND BY JURIS-
 DICTION, WHERE FORENSIC ANALYSIS HAS NOT BEEN COMPLETED AND  SIX  MONTHS
 OR  MORE  HAVE  PASSED SINCE THOSE SEXUAL ASSAULT KITS WERE ADDED TO THE
 SYSTEM; AND
   (H)  THE  TOTAL NUMBER OF SEXUAL ASSAULT KITS, STATEWIDE AND BY JURIS-
 DICTION, WHERE FORENSIC ANALYSIS HAS NOT BEEN COMPLETED AND ONE YEAR  OR
 MORE  HAS  PASSED  SINCE  THOSE  SEXUAL  ASSAULT  KITS WERE ADDED TO THE
 SYSTEM.
   5. FOR THE PURPOSE OF REPORTS UNDER SUBDIVISION FOUR OF THIS  SECTION,
 A  SEXUAL  ASSAULT  KIT  MUST BE ASSIGNED TO THE JURISDICTION ASSOCIATED
 WITH THE LAW  ENFORCEMENT  AGENCY  ANTICIPATED  TO  RECEIVE  THE  SEXUAL
 ASSAULT KIT OR OTHERWISE IN THE CUSTODY OF THE SEXUAL ASSAULT KIT.
   6. ANY PUBLIC AGENCY OR ENTITY, INCLUDING ITS OFFICIALS AND EMPLOYEES,
 AND  ANY  HOSPITAL  AND  ITS  EMPLOYEES PROVIDING SERVICES TO VICTIMS OF
 SEXUAL ASSAULT MAY NOT BE HELD CIVILLY LIABLE FOR DAMAGES  ARISING  FROM
 ANY RELEASE OF INFORMATION OR THE FAILURE TO RELEASE INFORMATION RELATED
 TO  THE  STATEWIDE  SEXUAL  ASSAULT  KIT TRACKING SYSTEM, SO LONG AS THE
 RELEASE WAS WITHOUT GROSS NEGLIGENCE.
   § 3. Local law enforcement agencies shall participate in the statewide
 sexual assault kit tracking system established in section  two  of  this
 act for the purpose of tracking the status of all sexual assault kits in
 the  custody  of  local  law  enforcement  agencies  and  other entities
 contracting with local law enforcement agencies. Local  law  enforcement
 agencies  shall  begin full participation in the system according to the
 implementation schedule established by the division of criminal  justice
 services.
   § 4. A sheriff and his or her deputies shall participate in the state-
 wide  sexual  assault  kit tracking system established in section two of
 this act for the purpose of tracking the status of  all  sexual  assault
 kits  in  the  custody  of  the  executive department and other entities
 contracting with the executive department. A sheriff  shall  begin  full
 participation  in  the  system  according to the implementation schedule
 established by the division of criminal justice services.
   § 5. All state and local crime laboratories that perform DNA  analysis
 shall  participate  in  the statewide sexual assault kit tracking system
 established in section two of this act for the purpose of  tracking  the
 status  of  all  sexual assault kits in their custody and other entities
 contracting with such crime labs. The  crime  laboratories  shall  begin
 full  participation in the system according to the implementation sched-
 ule established by the division of criminal justice services.
   § 6. Hospitals or other treatment centers with staff performing sexual
 assault forensic examinations shall participate in the statewide  sexual
 assault  kit  tracking system established in section two of this act for
 the purpose of tracking the status of all sexual assault kits  collected
 by  or  in  the custody of hospitals and other entities contracting with
 hospitals. Hospitals  shall  begin  full  participation  in  the  system
 according  to the implementation schedule established by the division of
 criminal justice services.
   § 7. Prosecuting attorneys shall participate in the  statewide  sexual
 assault  kit  tracking system established in section two of this act for
 the purpose of tracking the status of all sexual assault kits  connected
 to  criminal  investigations and prosecutions within the county.  Prose-
 cuting attorneys shall begin full participation in the system  according
 to  the  implementation schedule established by the division of criminal
 justice services.
   § 8. This act shall take effect immediately.

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Senate Bill S3326

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S3326 (ACTIVE) - Details

2017-S3326 (ACTIVE) - Summary

2017-S3326 (ACTIVE) - Sponsor Memo

2017-S3326 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S3326 (ACTIVE) - Details

2017-S3326 (ACTIVE) - Summary

2017-S3326 (ACTIVE) - Sponsor Memo

2017-S3326 (ACTIVE) - Bill Text download pdf

Comments