S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6428--A
     Cal. No. 156
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sens. HANNON, KRUEGER, LARKIN, MURPHY, RITCHIE, TEDISCO,
   VALESKY -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the Committee on Health -- recommitted to the Committee
   on Health in accordance with Senate Rule 6, sec. 8 -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 AN ACT to amend the public health law and the executive law, in relation
   to establishing a sexual assault survivor bill of rights; and to amend
   the  executive  law,  in  relation  to  maintenance  of sexual assault
   evidence, establishing a victim's right to notice prior to destruction
   and requiring a study relating to the feasibility  of  establishing  a
   statewide tracking system for sexual offense evidence kits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 2805-i of the public  health  law,
 as  amended  by  chapter  504 of the laws of 1994, is amended to read as
 follows:
   2. The sexual offense evidence shall be collected and kept in a locked
 separate and secure area for not less than thirty days unless: (a)  such
 evidence  is  not privileged and the police request its surrender before
 that time, which request shall be complied with; or (b) such evidence is
 privileged and (i) the alleged sexual offense victim nevertheless  gives
 permission  to  turn  such privileged evidence over to the police before
 that time, or (ii) the alleged sexual offense victim signs  a  statement
 directing the hospital to not collect and keep such privileged evidence,
 which  direction  shall  be  complied  with. The sexual offense evidence
 shall include, but not be limited to, slides, cotton swabs, clothing and
 other items. Where appropriate such items must be refrigerated  and  the
 clothes  and swabs must be dried, stored in paper bags and labeled. Each
 item of evidence shall be marked and logged with a  code  number  corre-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11584-08-8

 S. 6428--A                          2
 
 sponding  to  the  patient's  medical record. The alleged sexual offense
 [victim] SURVIVOR shall be notified [that after thirty days, the refrig-
 erated] TEN DAYS PRIOR TO THE TRANSFER OF SEXUAL OFFENSE EVIDENCE,  THAT
 THE  evidence  will  be  [discarded  in  compliance with state and local
 health codes and the alleged sexual offense  victim's  clothes  will  be
 returned  to the alleged sexual offense victim upon request] TRANSFERRED
 TO A CENTRALIZED LOCATION TO BE MAINTAINED FOR  AT  LEAST  TWENTY  YEARS
 PURSUANT  TO  SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THE EXECUTIVE LAW.
 THE SURVIVOR SHALL BE GIVEN THE OPTION OF PROVIDING CONTACT  INFORMATION
 SHOULD  HE  OR  SHE WISH TO RECEIVE NOTICE OF THE PLANNED DESTRUCTION OF
 THE EVIDENCE AFTER THE EXPIRATION OF THE TWENTY YEAR PERIOD.
   § 2. Subdivision 6 of section 2805-i  of  the  public  health  law  is
 renumbered  subdivision  7  and  a new subdivision 6 is added to read as
 follows:
   6. (A) THE DEPARTMENT, IN CONJUNCTION WITH THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES,  THE  DEPARTMENT  OF  LAW  AND  THE  OFFICE OF VICTIM
 SERVICES, IN CONSULTATION WITH HOSPITALS, OTHER  HEALTH  CARE  PROVIDERS
 AND  VICTIM  ADVOCACY  ORGANIZATIONS,  SHALL  ESTABLISH A SEXUAL ASSAULT
 SURVIVOR BILL OF RIGHTS FOR PURPOSES OF INFORMING SEXUAL OFFENSE VICTIMS
 OF THEIR RIGHTS UNDER STATE LAW. SUCH BILL OF RIGHTS SHALL BE IN  PLAIN,
 EASY TO UNDERSTAND LANGUAGE, AND INCLUDE, AT A MINIMUM:
   (1)  THE  RIGHT  OF  THE VICTIM TO CONSULT WITH A LOCAL RAPE CRISIS OR
 VICTIM ASSISTANCE ORGANIZATION, TO HAVE A REPRESENTATIVE OF SUCH  ORGAN-
 IZATION  ACCOMPANY  THE  VICTIM  THROUGH  THE SEXUAL OFFENSE EXAMINATION
 UNDER PARAGRAPH (B) OF SUBDIVISION ONE AND  SUBDIVISION  THREE  OF  THIS
 SECTION,  AND  TO  HAVE  SUCH AN ORGANIZATION BE SUMMONED BY THE MEDICAL
 FACILITY, POLICE AGENCY OR PROSECUTORIAL AGENCY BEFORE THE  COMMENCEMENT
 OF  THE  PHYSICAL  EXAMINATION  OR  INTERVIEW,  UNLESS NO RAPE CRISIS OR
 VICTIM ASSISTANCE ORGANIZATION CAN BE SUMMONED;
   (2) THE RIGHT OF THE VICTIM TO BE OFFERED AND HAVE MADE  AVAILABLE  AT
 NO COST APPROPRIATE POST-EXPOSURE TREATMENT THERAPIES, INCLUDING A SEVEN
 DAY STARTER PACK OF HIV POST-EXPOSURE PROPHYLAXIS UNDER PARAGRAPH (C) OF
 SUBDIVISION  ONE OF THIS SECTION AND SUBDIVISION THIRTEEN OF SECTION SIX
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW;
   (3) THE RIGHT TO A HEALTH CARE FORENSIC EXAMINATION AT NO COST AND THE
 RIGHT TO BE NOTIFIED OF THE OPTION TO DECLINE TO PROVIDE PRIVATE  HEALTH
 INSURANCE  INFORMATION  AND HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE
 THE HOSPITAL FOR THE EXAMINATION UNDER SUBDIVISION THIRTEEN  OF  SECTION
 SIX HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW;
   (4)  THE RIGHT TO RECEIVE INFORMATION RELATING TO AND THE PROVISION OF
 EMERGENCY CONTRACEPTION UNDER SECTION  TWENTY-EIGHT  HUNDRED  FIVE-P  OF
 THIS ARTICLE;
   (5)  THE RIGHT TO BE OFFERED CONTACT INFORMATION FOR THE POLICE AGENCY
 OR PROSECUTORIAL AGENCY WITH JURISDICTION OVER THE SEXUAL OFFENSE AND BE
 INFORMED, UPON REQUEST OF THE  VICTIM,  WITH  NOTICE  OF  THE  DATE  AND
 LOCATION  UPON  WHICH THEIR SEXUAL OFFENSE EVIDENCE KIT WAS ASSESSED FOR
 COMBINED DNA INDEX SYSTEM (CODIS) ELIGIBILITY AND  ANALYZED,  WHETHER  A
 CODIS ELIGIBLE PROFILE WAS DEVELOPED AND/OR A DNA MATCH WAS IDENTIFIED;
   (6)  THE  RIGHT  TO BE NOTIFIED PRIOR TO THE TRANSFER OF AN UNREPORTED
 SEXUAL OFFENSE EVIDENCE KIT FROM THE HOSPITAL TO A  CENTRALIZED  STORAGE
 FACILITY,  THE  RIGHT  TO HAVE AN UNREPORTED SEXUAL OFFENSE EVIDENCE KIT
 MAINTAINED AT A CENTRALIZED STORAGE FACILITY FOR AT LEAST  TWENTY  YEARS
 AND  THE  RIGHT  TO BE NOTIFIED BY SUCH FACILITY IN A MANNER OF COMMUNI-
 CATION DESIGNATED BY THE VICTIM AT  LEAST  THIRTY  DAYS  IN  ADVANCE  OF
 PLANNED  DESTRUCTION  OF  THE  SEXUAL  OFFENSE  EVIDENCE KIT PURSUANT TO

 S. 6428--A                          3
 
 SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF  THE  EXECU-
 TIVE LAW; AND
   (7) THE RIGHT TO BE INFORMED WHEN THERE IS ANY CHANGE IN THE STATUS OF
 HIS OR HER CASE OR REOPENING OF THE CASE.
   (B)  BEFORE  A  MEDICAL FACILITY COMMENCES A PHYSICAL EXAMINATION OF A
 SEXUAL OFFENSE VICTIM,  OR  A  POLICE  AGENCY  OR  PROSECUTORIAL  AGENCY
 COMMENCES  AN  INTERVIEW  OF  A  SEXUAL  OFFENSE VICTIM, THE HEALTH CARE
 PROFESSIONAL CONDUCTING THE EXAM, POLICE AGENCY OR PROSECUTORIAL  AGENCY
 SHALL  INFORM  THE VICTIM OF HIS OR HER RIGHTS AND PROVIDE A COPY OF THE
 SEXUAL ASSAULT SURVIVOR BILL OF RIGHTS.
   § 3. Section 838-a of the executive law, as amended by  chapter  6  of
 the laws of 2017, is amended to read as follows:
   § 838-a. Maintenance of sexual offense evidence kits. 1. The following
 requirements  shall  apply to all sexual offense evidence kits REPORTED,
 surrendered to or collected by, at the request of, or  with  cooperation
 of  a  police  agency  or  prosecutorial agency, WITH THE CONSENT OF THE
 VICTIM:
   (a) Each such police agency and prosecutorial agency 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  assess  case  specific
 information  for  Combined  DNA Index System (CODIS) eligibility and, if
 eligible, analyze  the  kits  and  attempt  to  develop  CODIS  eligible
 profiles  of any potential perpetrators from the evidence 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
 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  police  agency  and prosecutorial agency that, prior to the
 effective date of paragraph (a) of this subdivision,  has  one  or  more
 sexual  offense  evidence  kits  in its custody or control shall, within
 thirty days after  the  effective  date  of  this  section,  submit  all
 untested  kits  in  its possession or control to an appropriate forensic
 laboratory.
   (e) Each forensic laboratory, within one  hundred  twenty  days  after
 receiving  each sexual offense evidence kit pursuant to paragraph (d) of
 this subdivision shall assess case specific information for CODIS eligi-
 bility and, if eligible, analyze the kits and attempt to  develop  CODIS
 eligible profiles for any potential perpetrators and shall, within nine-
 ty  days of such assessment, report the results to the submitting agency
 and the appropriate prosecutorial entity.
   (f) The failure of any such police  agency,  prosecutorial  agency  or
 forensic  laboratory  to  comply  with  [a time limit specified in] this
 section OR SECTION EIGHT HUNDRED THIRTY-EIGHT-B OF  THIS  ARTICLE  shall
 not,  in  and  of  itself,  constitute  a basis for a motion to suppress

 S. 6428--A                          4
 
 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 REPORTED
 sexual offense evidence kits it received UNDER SUBDIVISION ONE  OF  THIS
 SECTION,  (ii)  the  number  of  such  kits processed for the purpose of
 developing Combined DNA Index System (CODIS) eligible  profiles  of  any
 potential  perpetrators, and (iii) the number of REPORTED kits not proc-
 essed for testing, including, the reason such kits were  ineligible  for
 processing.
   (b)  Each  police  agency and prosecutorial agency shall report to the
 division on a quarterly 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 test-
 ing,  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. EACH POLICE AGENCY AND PROSECUTORIAL AGENCY WITHIN THIS STATE SHALL
 ADOPT POLICIES AND PROCEDURES CONCERNING CONTACT WITH  THE  VICTIMS  AND
 THE  PROVISION OF INFORMATION TO VICTIMS, UPON REQUEST, CONCERNING THEIR
 SEXUAL OFFENSE EVIDENCE KITS.  THE  POLICIES  AND  PROCEDURES  SHALL  BE
 SURVIVOR-FOCUSED,  MEANING  SYSTEMATICALLY  FOCUSED  ON  THE  NEEDS  AND
 CONCERNS OF A VICTIM TO ENSURE THE COMPASSIONATE AND SENSITIVE  DELIVERY
 OF SERVICES IN A NONJUDGEMENTAL MANNER, AND SHALL INCLUDE, AT A MINIMUM,
 A REQUIREMENT THAT:
   (A)  THE POLICE AGENCY AND PROSECUTORIAL AGENCY DESIGNATE AT LEAST ONE
 PERSON, WHO IS TRAINED IN TRAUMA AND VICTIM RESPONSE THROUGH  A  PROGRAM
 MEETING  MINIMUM  STANDARDS  ESTABLISHED  BY  THE  DIVISION  OF CRIMINAL
 JUSTICE SERVICES FOLLOWING NATIONAL GUIDELINES FROM THE SUBSTANCE  ABUSE
 AND  MENTAL HEALTH SERVICES ADMINISTRATION, WITHIN ITS AGENCY TO RECEIVE
 ALL INQUIRIES CONCERNING SEXUAL OFFENSE EVIDENCE KITS FROM VICTIMS; AND
   (B) AT THE TIME THAT A SEXUAL OFFENSE EVIDENCE  KIT  IS  COLLECTED,  A
 VICTIM  SHALL  BE  PROVIDED  WITH CONTACT INFORMATION, INCLUDING A PHONE
 NUMBER AND E-MAIL ADDRESS, FOR THE INDIVIDUAL DESIGNATED BY  SUBDIVISION
 TWO  OF  THIS SECTION AT THE POLICE AGENCY AND PROSECUTORIAL AGENCY WITH
 JURISDICTION OVER THE SEXUAL ASSAULT OFFENSE.
   4. UNREPORTED SEXUAL OFFENSE EVIDENCE  KITS,  MEANING  SEXUAL  OFFENSE
 EVIDENCE KITS COLLECTED IN INSTANCES IN WHICH A VICTIM HAS NOT CONSENTED
 TO  REPORT  TO  LAW ENFORCEMENT, SHALL BE MAINTAINED FOR AT LEAST TWENTY
 YEARS IN A SECURE, CENTRALIZED LOCATION DESIGNATED BY  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH,
 THE DEPARTMENT OF LAW AND THE OFFICE OF VICTIM SERVICES, IN CONSULTATION
 WITH  HOSPITALS,  OTHER HEALTH CARE PROVIDERS AND VICTIM ADVOCACY ORGAN-
 IZATIONS, TAKING INTO CONSIDERATION FEDERAL GUIDANCE PERTAINING TO MAIN-
 TENANCE OF SEXUAL OFFENSE EVIDENCE KITS. SEXUAL  OFFENSE  EVIDENCE  KITS
 MAINTAINED  FOR  TWENTY  YEARS  OR  MORE  SHALL  ONLY BE DESTRUCTED UPON
 PROVIDING AT LEAST THIRTY DAYS NOTICE TO THE  VICTIM,  IN  THE  FORM  OF
 COMMUNICATION DESIGNATED BY THE VICTIM, OF SUCH PLANNED DESTRUCTION.
   5.  The  division  shall undertake actions designed to ensure that all
 police agencies and prosecutorial agencies in the state and all forensic
 laboratories are educated and aware of the provisions of this section.

 S. 6428--A                          5
 
   § 4. The executive law is amended by adding a  new  section  838-b  to
 read as follows:
   § 838-B. VICTIM'S RIGHT TO NOTICE. EACH POLICE AGENCY AND PROSECUTORI-
 AL  AGENCY WITH JURISDICTION OVER THE SEXUAL ASSAULT OFFENSE SHALL, UPON
 REQUEST OF THE VICTIM WHO HAS CONSENTED TO REPORT  TO  LAW  ENFORCEMENT,
 PROVIDE  THE  SEXUAL OFFENSE VICTIM WITH NOTICE OF THE DATE AND LOCATION
 UPON WHICH HIS OR HER SEXUAL OFFENSE EVIDENCE KIT WAS ASSESSED FOR CODIS
 ELIGIBILITY AND ANALYZED, AND  WHETHER  A  CODIS  ELIGIBLE  PROFILE  WAS
 DEVELOPED AND/OR A DNA MATCH WAS IDENTIFIED. THE POLICE OR PROSECUTORIAL
 AGENCY IN POSSESSION OF THE REPORTED SEXUAL ASSAULT OFFENSE EVIDENCE KIT
 SHALL  NOTIFY  THE SEXUAL ASSAULT VICTIM AT LEAST THIRTY DAYS IN ADVANCE
 OF ANY PLANNED DESTRUCTION OF THEIR SEXUAL OFFENSE  EVIDENCE  KIT  IN  A
 MANNER  OF  COMMUNICATION DESIGNATED BY THE VICTIM, UNLESS SUCH INFORMA-
 TION WOULD IMPEDE AN ONGOING INVESTIGATION.
   § 5. The executive law is amended by adding a  new  section  838-c  to
 read as follows:
   §  838-C.  STUDY AND REPORT ON ESTABLISHING A STATEWIDE SEXUAL OFFENSE
 EVIDENCE KIT TRACKING SYSTEM. THE DIVISION SHALL  CONDUCT  A  STUDY  AND
 DEVELOP  A  PLAN, IN CONSULTATION WITH STAKEHOLDERS INCLUDING HOSPITALS,
 OTHER HEALTH CARE PROVIDERS, LAW ENFORCEMENT AGENCIES,  EVIDENCE  MANAG-
 ERS,  FORENSIC  LABORATORIES, PROSECUTORS, AND VICTIM ADVOCACY ORGANIZA-
 TIONS, TO ESTABLISH A STATEWIDE SEXUAL  OFFENSE  EVIDENCE  KIT  TRACKING
 SYSTEM, TO STREAMLINE LAW ENFORCEMENT TRACKING, CREATE GREATER TRANSPAR-
 ENCY  AND ACCOUNTABILITY IN ENSURING COMPLIANCE WITH THIS ARTICLE AND TO
 PROVIDE A WAY FOR SURVIVORS TO CHECK THE STATUS OF THEIR SEXUAL  OFFENSE
 EVIDENCE   KIT   THROUGHOUT  THE  ENTIRE  PROCESS,  FROM  COLLECTION  TO
 CONVICTION. THE TRACKING SYSTEM SHALL BE SECURE AND ACCESSIBLE  ONLY  BY
 AUTHORIZED  ENTITIES  OR  INDIVIDUALS SUCH AS HOSPITALS, LAW ENFORCEMENT
 AGENCIES, EVIDENCE MANGERS, PROSECUTORS, AND  VICTIMS  AND  DESIGNED  TO
 PROVIDE  SECURE ELECTRONIC ACCESS THROUGH WHICH A VICTIM CAN ANONYMOUSLY
 TRACK THE STATUS OF THEIR SEXUAL ASSAULT EVIDENCE KIT. THE  COMMISSIONER
 SHALL  SUBMIT A REPORT OF THE DIVISION'S FINDINGS AND RECOMMENDATIONS TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
 THE ASSEMBLY ON OR BEFORE MAY FIRST, TWO THOUSAND NINETEEN.
   §  6.  This act shall take effect immediately; provided that the divi-
 sion of criminal justice services  shall  designate  and  establish  the
 secure  centralized  location required by subdivision 4 of section 838-a
 of the executive law, as added by section three of this act, within  180
 days  of  the  effective  date  of this act; and provided, further, that
 notwithstanding the provisions of section 2805-i of  the  public  health
 law  to  the contrary, every hospital shall retain custody of unreported
 sexual offense evidence kits until such time as the centralized  storage
 facility  is  established  and  designated  pursuant to subdivision 4 of
 section 838-a of the executive law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6428--B
     Cal. No. 156
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON, AKSHAR, AMEDORE, AVELLA, CROCI, GALLIVAN,
   GOLDEN,  HAMILTON,  HELMING,   JACOBS,   KRUEGER,   LARKIN,   LAVALLE,
   MARCHIONE,  MURPHY,  O'MARA,  PERALTA, PHILLIPS, RANZENHOFER, RITCHIE,
   ROBACH, SAVINO, TEDISCO, VALESKY, YOUNG  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- recommitted to the Committee on Health in  accordance  with  Senate
   Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- again amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN ACT to amend the public health law and the executive law, in relation
   to  establishing  a sexual assault victim bill of rights; and to amend
   the executive law,  in  relation  to  maintenance  of  sexual  assault
   evidence, establishing a victim's right to notice prior to destruction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of section 2805-i of the public health law is
 renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
 follows:
   6.  (A)  THE DEPARTMENT, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES, THE OFFICE OF VICTIM SERVICES, HOSPITALS, OTHER HEALTH
 CARE PROVIDERS AND VICTIM ADVOCACY ORGANIZATIONS, SHALL PUBLISH A SEXUAL
 ASSAULT VICTIM BILL OF RIGHTS FOR PURPOSES OF INFORMING  SEXUAL  OFFENSE
 VICTIMS  OF  THEIR  RIGHTS UNDER STATE LAW. SUCH BILL OF RIGHTS SHALL BE
 PROMINENTLY PUBLISHED ON THE DEPARTMENT'S WEBSITE, IN AT LEAST  THE  TEN
 MOST COMMON LANGUAGES SPOKEN IN THIS STATE, AND DISTRIBUTED TO HOSPITALS
 AS A DOCUMENT WHICH SHALL BE PROVIDED TO EVERY PRESENTING SEXUAL OFFENSE
 VICTIM.  THE  DEPARTMENT  MAY  UPDATE THE BILL OF RIGHTS AS NECESSARY TO
 REFLECT CHANGES IN STATE LAW AND MORE ACCURATELY EXPLAIN THE  LAW.  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11584-14-8

 S. 6428--B                          2
 
 BILL  OF  RIGHTS  SHALL  BE  IN  PLAIN, EASY TO UNDERSTAND LANGUAGE, AND
 INCLUDE THE RIGHT OF THE VICTIM TO:
   (1) CONSULT WITH A LOCAL RAPE CRISIS OR LOCAL VICTIM ASSISTANCE ORGAN-
 IZATION,  TO  HAVE  A  REPRESENTATIVE OF SUCH ORGANIZATION ACCOMPANY THE
 VICTIM THROUGH THE SEXUAL OFFENSE  EXAMINATION,  AND  TO  HAVE  SUCH  AN
 ORGANIZATION  BE SUMMONED BY THE MEDICAL FACILITY, POLICE AGENCY, PROSE-
 CUTORIAL AGENCY OR OTHER LAW ENFORCEMENT AGENCY BEFORE THE  COMMENCEMENT
 OF THE PHYSICAL EXAMINATION OR INTERVIEW, PURSUANT TO THIS SECTION;
   (2) BE OFFERED AND HAVE MADE AVAILABLE AT NO COST APPROPRIATE POST-EX-
 POSURE  TREATMENT  THERAPIES,  INCLUDING A SEVEN DAY STARTER PACK OF HIV
 POST-EXPOSURE PROPHYLAXIS IN ACCORDANCE WITH PARAGRAPH (C)  OF  SUBDIVI-
 SION ONE OF THIS SECTION AND SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED
 THIRTY-ONE OF THE EXECUTIVE LAW;
   (3)  A HEALTH CARE FORENSIC EXAMINATION AT NO COST AND THE RIGHT TO BE
 NOTIFIED OF THE OPTION TO DECLINE TO PROVIDE  PRIVATE  HEALTH  INSURANCE
 INFORMATION  AND HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPI-
 TAL FOR THE  EXAMINATION  UNDER  SUBDIVISION  THIRTEEN  OF  SECTION  SIX
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW;
   (4)  RECEIVE  INFORMATION  RELATING  TO AND THE PROVISION OF EMERGENCY
 CONTRACEPTION IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED FIVE-P  OF
 THIS ARTICLE;
   (5) BE OFFERED CONTACT INFORMATION FOR THE POLICE AGENCY, PROSECUTORI-
 AL  AGENCY  OR  OTHER  LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE
 SEXUAL OFFENSE AND BE INFORMED, UPON REQUEST OF THE VICTIM, OF THE  DATE
 AND  LOCATION AT WHICH SUCH SEXUAL OFFENSE EVIDENCE KIT WAS ASSESSED FOR
 COMBINED DNA INDEX SYSTEM (CODIS) ELIGIBILITY AND  ANALYZED,  WHETHER  A
 CODIS  ELIGIBLE PROFILE WAS DEVELOPED AND WHETHER OR NOT A DNA MATCH WAS
 IDENTIFIED, PROVIDED, HOWEVER, THAT THE PROSECUTORIAL AGENCY SERVING THE
 JURISDICTION MAY TEMPORARILY DELAY RELEASE OF SUCH DNA MATCH INFORMATION
 TO THE VICTIM, PRIOR TO THE ARREST OF A SUSPECT ALLEGED TO HAVE  COMMIT-
 TED  SUCH  OFFENSE, IF SUCH AGENCY DOCUMENTS IN WRITING AND NOTIFIES THE
 VICTIM THAT RELEASE OF SUCH INFORMATION WOULD COMPROMISE THE  SUCCESSFUL
 INVESTIGATION OF SUCH SEXUAL OFFENSE;
   (6) BE NOTIFIED BETWEEN THIRTY AND TEN DAYS PRIOR TO THE TRANSFER OF A
 SEXUAL OFFENSE EVIDENCE KIT FROM THE HOSPITAL TO ANOTHER STORAGE FACILI-
 TY  IN ACCORDANCE WITH PARAGRAPH (H) OF SUBDIVISION TWO OF THIS SECTION,
 THE RIGHT TO HAVE A SEXUAL OFFENSE EVIDENCE KIT MAINTAINED AT AN  APPRO-
 PRIATE  STORAGE  FACILITY  FOR TWENTY YEARS FROM THE DATE OF COLLECTION,
 THE RIGHT, IF NOT PREVIOUSLY CONSENTED TO, TO  CONSENT  TO  RELEASE  THE
 EVIDENCE  TO  LAW  ENFORCEMENT  AT ANY TIME DURING THE TWENTY YEARS FROM
 COLLECTION, AND THE RIGHT TO BE NOTIFIED BY SUCH FACILITY AT LEAST NINE-
 TY DAYS PRIOR TO THE EXPIRATION OF THE  TWENTY-YEAR  STORAGE  PERIOD  IN
 ACCORDANCE WITH PARAGRAPH (K) OF SUBDIVISION TWO OF THIS SECTION; AND
   (7) BE NOTIFIED BY THE PROSECUTORIAL AGENCY WITH JURISDICTION OF JUDI-
 CIAL PROCEEDINGS RELATING TO THEIR CASE IN ACCORDANCE WITH ARTICLE TWEN-
 TY-THREE OF THE EXECUTIVE LAW; AND
   (8)  DECIDE WHETHER OR NOT THE VICTIM WISHES TO REPORT THE OFFENSE FOR
 INVESTIGATION BY LAW ENFORCEMENT.
   (B) BEFORE A MEDICAL FACILITY COMMENCES A PHYSICAL  EXAMINATION  OF  A
 SEXUAL OFFENSE VICTIM, OR A POLICE AGENCY, PROSECUTORIAL AGENCY OR OTHER
 LAW  ENFORCEMENT  AGENCY  COMMENCES  AN  INTERVIEW  OF  A SEXUAL OFFENSE
 VICTIM, THE HEALTH CARE PROFESSIONAL CONDUCTING THE EXAM, POLICE AGENCY,
 PROSECUTORIAL AGENCY OR OTHER LAW ENFORCEMENT AGENCY  SHALL  INFORM  THE
 VICTIM  OF THE VICTIM'S RIGHTS AND PROVIDE A COPY OF THIS SEXUAL ASSAULT
 VICTIM BILL OF RIGHTS.

 S. 6428--B                          3
 
   § 2. Paragraph (f) of subdivision 1 of section 838-a of the  executive
 law,  as added by chapter 6 of the laws of 2017, is amended, subdivision
 3 is renumbered subdivision 4 and a new subdivision 3 is added  to  read
 as follows:
   (f)  The  failure  of  any such police agency, prosecutorial agency or
 forensic laboratory to comply  with  a  time  limit  specified  in  this
 section  OR  SECTION  EIGHT HUNDRED THIRTY-EIGHT-B OF THIS ARTICLE 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.
   3. EACH POLICE AGENCY, PROSECUTORIAL AGENCY AND OTHER LAW  ENFORCEMENT
 AGENCY  WITHIN THIS STATE SHALL ADOPT POLICIES AND PROCEDURES CONCERNING
 CONTACT WITH VICTIMS OF SEXUAL OFFENSES, AND THE PROVISION  OF  INFORMA-
 TION  TO  VICTIMS  UPON  REQUEST,  CONCERNING  SEXUAL  OFFENSE  EVIDENCE
 COLLECTED OR RECEIVED FROM THEM.  THE POLICIES AND PROCEDURES  SHALL  BE
 VICTIM-FOCUSED, MEANING SYSTEMATICALLY FOCUSED ON THE NEEDS AND CONCERNS
 OF  VICTIMS  TO  ENSURE  THE  COMPASSIONATE  AND  SENSITIVE  DELIVERY OF
 SERVICES IN A NONJUDGEMENTAL MANNER, AND SHALL INCLUDE, AT A MINIMUM,  A
 REQUIREMENT THAT:
   (A)  THE  POLICE AGENCY, PROSECUTORIAL AGENCY OR OTHER LAW ENFORCEMENT
 AGENCY DESIGNATE AT LEAST ONE PERSON,  WHO  IS  TRAINED  IN  TRAUMA  AND
 VICTIM  RESPONSE THROUGH A PROGRAM MEETING MINIMUM STANDARDS ESTABLISHED
 BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  FOLLOWING  APPROPRIATE
 GUIDELINES  ON  EVIDENCE-BASED,  TRAUMA-INFORMED  PRACTICES,  WHICH  MAY
 INCLUDE GUIDELINES FROM THE SUBSTANCE ABUSE AND MENTAL  HEALTH  SERVICES
 ADMINISTRATION,  WITHIN  ITS  AGENCY TO RECEIVE ALL INQUIRIES CONCERNING
 SEXUAL OFFENSE EVIDENCE KITS FROM VICTIMS; AND
   (B) AT THE TIME THAT A SEXUAL OFFENSE EVIDENCE  KIT  IS  COLLECTED,  A
 VICTIM  SHALL  BE PROVIDED WITH: (I) A COPY OF THE VICTIM BILL OF RIGHTS
 DESCRIBED IN SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED  FIVE-F  OF
 THE  PUBLIC  HEALTH LAW; AND (II) CONTACT INFORMATION, INCLUDING A NAME,
 PHONE NUMBER AND E-MAIL ADDRESS, FOR THE INDIVIDUAL DESIGNATED  PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION AT THE POLICE AGENCY, PROSECUTORIAL
 AGENCY OR OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE SEXUAL
 OFFENSE.
   §  3.  The  executive  law is amended by adding a new section 838-b to
 read as follows:
   § 838-B. VICTIM'S RIGHT TO NOTICE. EACH POLICE  AGENCY,  PROSECUTORIAL
 AGENCY  AND OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER A SEXUAL
 OFFENSE SHALL, UPON REQUEST OF THE VICTIM WHO HAS  CONSENTED  TO  REPORT
 SUCH  OFFENSE TO LAW ENFORCEMENT, PROVIDE THE SEXUAL OFFENSE VICTIM WITH
 NOTICE OF THE  DATE  AND  LOCATION  AT  WHICH  SEXUAL  OFFENSE  EVIDENCE
 COLLECTED OR RECEIVED FROM SUCH VICTIM IS ASSESSED FOR CODIS ELIGIBILITY
 AND ANALYZED, WHETHER A CODIS ELIGIBLE PROFILE WAS DEVELOPED AND WHETHER
 OR  NOT A DNA MATCH WAS IDENTIFIED, PROVIDED, HOWEVER, THAT THE PROSECU-
 TORIAL AGENCY SERVING THE JURISDICTION MAY TEMPORARILY DELAY RELEASE  OF
 SUCH  DNA  MATCH  INFORMATION  TO  THE  VICTIM, PRIOR TO THE ARREST OF A
 SUSPECT ALLEGED TO HAVE COMMITTED SUCH OFFENSE, IF SUCH AGENCY DOCUMENTS
 IN WRITING AND NOTIFIES THE VICTIM  THAT  RELEASE  OF  SUCH  INFORMATION
 WOULD  COMPROMISE  THE  SUCCESSFUL INVESTIGATION OF SUCH SEXUAL OFFENSE.
 THE POLICE OR PROSECUTORIAL AGENCY OR OTHER LAW  ENFORCEMENT  AGENCY  IN
 POSSESSION  OF  A  SEXUAL  OFFENSE  EVIDENCE KIT SHALL NOTIFY THE SEXUAL
 OFFENSE VICTIM AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE TWEN-
 TY-YEAR STORAGE PERIOD IN ACCORDANCE WITH PARAGRAPH (K)  OF  SUBDIVISION
 TWO OF SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.

 S. 6428--B                          4
 
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, however, the addi-
 tion, amendment, and/or repeal of any rules and regulations necessary to
 implement the provisions of this act on its  effective  date,  including
 the  compiling  of  the sexual assault victim bill of rights required by
 section one of this act, are authorized and directed to be completed  on
 or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6428--C
     Cal. No. 156
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON, AKSHAR, AMEDORE, AVELLA, CROCI, GALLIVAN,
   GOLDEN,  HAMILTON,  HELMING,   JACOBS,   KRUEGER,   LARKIN,   LAVALLE,
   MARCHIONE,  MURPHY,  O'MARA,  PERALTA, PHILLIPS, RANZENHOFER, RITCHIE,
   ROBACH, SAVINO, TEDISCO, VALESKY, YOUNG  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- recommitted to the Committee on Health in  accordance  with  Senate
   Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- again amended and ordered reprinted, retaining  its  place  in  the
   order of third reading -- again amended and ordered reprinted, retain-
   ing its place in the order of third reading
 
 AN ACT to amend the public health law and the executive law, in relation
   to  establishing  a sexual assault victim bill of rights; and to amend
   the executive law,  in  relation  to  maintenance  of  sexual  assault
   evidence, establishing a victim's right to notice prior to destruction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 2805-i of the public health law is
 renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
 follows:
   6.  (A)  THE DEPARTMENT, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES, THE OFFICE OF VICTIM SERVICES, HOSPITALS, OTHER HEALTH
 CARE PROVIDERS AND VICTIM ADVOCACY ORGANIZATIONS, SHALL PUBLISH A SEXUAL
 ASSAULT VICTIM BILL OF RIGHTS FOR PURPOSES OF INFORMING  SEXUAL  OFFENSE
 VICTIMS  OF  THEIR  RIGHTS UNDER STATE LAW. SUCH BILL OF RIGHTS SHALL BE
 PROMINENTLY PUBLISHED ON THE DEPARTMENT'S WEBSITE, IN AT LEAST  THE  TEN
 MOST COMMON LANGUAGES SPOKEN IN THIS STATE, AND DISTRIBUTED TO HOSPITALS
 AS A DOCUMENT WHICH SHALL BE PROVIDED TO EVERY PRESENTING SEXUAL OFFENSE
 VICTIM.  THE  DEPARTMENT  MAY  UPDATE THE BILL OF RIGHTS AS NECESSARY TO
 REFLECT CHANGES IN STATE LAW AND MORE ACCURATELY EXPLAIN THE  LAW.  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11584-19-8

 S. 6428--C                          2
 
 BILL  OF  RIGHTS  SHALL  BE  IN  PLAIN, EASY TO UNDERSTAND LANGUAGE, AND
 INCLUDE THE RIGHT OF THE VICTIM TO:
   (1) CONSULT WITH A LOCAL RAPE CRISIS OR LOCAL VICTIM ASSISTANCE ORGAN-
 IZATION,  TO  HAVE  A  REPRESENTATIVE OF SUCH ORGANIZATION ACCOMPANY THE
 VICTIM THROUGH THE SEXUAL OFFENSE  EXAMINATION,  AND  TO  HAVE  SUCH  AN
 ORGANIZATION  BE SUMMONED BY THE MEDICAL FACILITY, POLICE AGENCY, PROSE-
 CUTORIAL AGENCY OR OTHER LAW ENFORCEMENT AGENCY BEFORE THE  COMMENCEMENT
 OF THE PHYSICAL EXAMINATION OR INTERVIEW, PURSUANT TO THIS SECTION;
   (2) BE OFFERED AND HAVE MADE AVAILABLE AT NO COST APPROPRIATE POST-EX-
 POSURE  TREATMENT  THERAPIES,  INCLUDING A SEVEN DAY STARTER PACK OF HIV
 POST-EXPOSURE PROPHYLAXIS IN ACCORDANCE WITH PARAGRAPH (C)  OF  SUBDIVI-
 SION ONE OF THIS SECTION AND SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED
 THIRTY-ONE OF THE EXECUTIVE LAW;
   (3)  A HEALTH CARE FORENSIC EXAMINATION AT NO COST AND THE RIGHT TO BE
 NOTIFIED OF THE OPTION TO DECLINE TO PROVIDE  PRIVATE  HEALTH  INSURANCE
 INFORMATION  AND HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPI-
 TAL FOR THE  EXAMINATION  UNDER  SUBDIVISION  THIRTEEN  OF  SECTION  SIX
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW;
   (4)  RECEIVE  INFORMATION  RELATING  TO AND THE PROVISION OF EMERGENCY
 CONTRACEPTION IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED FIVE-P  OF
 THIS ARTICLE;
   (5) BE OFFERED CONTACT INFORMATION FOR THE POLICE AGENCY, PROSECUTORI-
 AL  AGENCY  OR  OTHER  LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE
 SEXUAL OFFENSE AND BE INFORMED, UPON REQUEST OF THE VICTIM, OF THE  DATE
 AND  LOCATION AT WHICH SUCH SEXUAL OFFENSE EVIDENCE KIT WAS ASSESSED FOR
 COMBINED DNA INDEX SYSTEM (CODIS) ELIGIBILITY AND  ANALYZED,  WHETHER  A
 CODIS  ELIGIBLE PROFILE WAS DEVELOPED AND WHETHER OR NOT A DNA MATCH WAS
 IDENTIFIED, PROVIDED, HOWEVER, THAT THE PROSECUTORIAL AGENCY SERVING THE
 JURISDICTION MAY TEMPORARILY DELAY RELEASE OF SUCH DNA MATCH INFORMATION
 TO THE VICTIM, PRIOR TO THE ARREST OF A SUSPECT ALLEGED TO HAVE  COMMIT-
 TED  SUCH  OFFENSE, IF SUCH AGENCY DOCUMENTS IN WRITING AND NOTIFIES THE
 VICTIM THAT RELEASE OF SUCH INFORMATION WOULD COMPROMISE THE  SUCCESSFUL
 INVESTIGATION OF SUCH SEXUAL OFFENSE;
   (6) BE NOTIFIED BETWEEN THIRTY AND TEN DAYS PRIOR TO THE TRANSFER OF A
 SEXUAL OFFENSE EVIDENCE KIT FROM THE HOSPITAL TO ANOTHER STORAGE FACILI-
 TY  IN ACCORDANCE WITH PARAGRAPH (H) OF SUBDIVISION TWO OF THIS SECTION,
 THE RIGHT TO HAVE A SEXUAL OFFENSE EVIDENCE KIT MAINTAINED AT AN  APPRO-
 PRIATE  STORAGE  FACILITY  FOR TWENTY YEARS FROM THE DATE OF COLLECTION,
 THE RIGHT, IF NOT PREVIOUSLY CONSENTED TO, TO  CONSENT  TO  RELEASE  THE
 EVIDENCE  TO  LAW  ENFORCEMENT  AT ANY TIME DURING THE TWENTY YEARS FROM
 COLLECTION, AND THE RIGHT TO BE NOTIFIED BY SUCH FACILITY AT LEAST NINE-
 TY DAYS PRIOR TO THE EXPIRATION OF THE  TWENTY-YEAR  STORAGE  PERIOD  IN
 ACCORDANCE WITH PARAGRAPH (K) OF SUBDIVISION TWO OF THIS SECTION; AND
   (7) BE NOTIFIED BY THE PROSECUTORIAL AGENCY WITH JURISDICTION OF JUDI-
 CIAL PROCEEDINGS RELATING TO THEIR CASE IN ACCORDANCE WITH ARTICLE TWEN-
 TY-THREE OF THE EXECUTIVE LAW; AND
   (8)  DECIDE  WHETHER OR NOT THE VICTIM WISHES TO REPORT THE OFFENSE TO
 LAW ENFORCEMENT.
   (B) BEFORE A MEDICAL FACILITY COMMENCES A PHYSICAL  EXAMINATION  OF  A
 SEXUAL OFFENSE VICTIM, OR A POLICE AGENCY, PROSECUTORIAL AGENCY OR OTHER
 LAW  ENFORCEMENT  AGENCY  COMMENCES  AN  INTERVIEW  OF  A SEXUAL OFFENSE
 VICTIM, THE HEALTH CARE PROFESSIONAL CONDUCTING THE EXAM, POLICE AGENCY,
 PROSECUTORIAL AGENCY OR OTHER LAW ENFORCEMENT AGENCY  SHALL  INFORM  THE
 VICTIM  OF THE VICTIM'S RIGHTS AND PROVIDE A COPY OF THIS SEXUAL ASSAULT
 VICTIM BILL OF RIGHTS.

 S. 6428--C                          3
 
   § 2. Paragraph (f) of subdivision 1 of section 838-a of the  executive
 law,  as added by chapter 6 of the laws of 2017, is amended, subdivision
 3 is renumbered subdivision 4 and a new subdivision 3 is added  to  read
 as follows:
   (f)  The  failure  of  any such police agency, prosecutorial agency or
 forensic laboratory to comply  with  a  time  limit  specified  in  this
 section  OR  SECTION  EIGHT HUNDRED THIRTY-EIGHT-B OF THIS ARTICLE 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.
   3. EACH POLICE AGENCY, PROSECUTORIAL AGENCY AND OTHER LAW  ENFORCEMENT
 AGENCY  WITHIN THIS STATE SHALL ADOPT POLICIES AND PROCEDURES CONCERNING
 CONTACT WITH VICTIMS OF SEXUAL OFFENSES, AND THE PROVISION  OF  INFORMA-
 TION  TO  VICTIMS  UPON  REQUEST,  CONCERNING  SEXUAL  OFFENSE  EVIDENCE
 COLLECTED OR RECEIVED FROM THEM.  THE POLICIES AND PROCEDURES  SHALL  BE
 VICTIM-FOCUSED, MEANING SYSTEMATICALLY FOCUSED ON THE NEEDS AND CONCERNS
 OF  VICTIMS  TO  ENSURE  THE  COMPASSIONATE  AND  SENSITIVE  DELIVERY OF
 SERVICES IN A NONJUDGEMENTAL MANNER, AND SHALL INCLUDE, AT A MINIMUM,  A
 REQUIREMENT THAT:
   (A)  THE  POLICE AGENCY, PROSECUTORIAL AGENCY OR OTHER LAW ENFORCEMENT
 AGENCY DESIGNATE AT LEAST ONE PERSON,  WHO  IS  TRAINED  IN  TRAUMA  AND
 VICTIM  RESPONSE THROUGH A PROGRAM MEETING MINIMUM STANDARDS ESTABLISHED
 BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  FOLLOWING  APPROPRIATE
 GUIDELINES  ON  EVIDENCE-BASED,  TRAUMA-INFORMED  PRACTICES,  WHICH  MAY
 INCLUDE GUIDELINES FROM THE SUBSTANCE ABUSE AND MENTAL  HEALTH  SERVICES
 ADMINISTRATION,  WITHIN  ITS  AGENCY TO RECEIVE ALL INQUIRIES CONCERNING
 SEXUAL OFFENSE EVIDENCE KITS FROM VICTIMS; AND
   (B) AT THE TIME THAT A SEXUAL OFFENSE EVIDENCE  KIT  IS  COLLECTED,  A
 VICTIM  SHALL  BE PROVIDED WITH: (I) A COPY OF THE VICTIM BILL OF RIGHTS
 DESCRIBED IN SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED  FIVE-I  OF
 THE  PUBLIC  HEALTH LAW; AND (II) CONTACT INFORMATION, INCLUDING A NAME,
 PHONE NUMBER AND E-MAIL ADDRESS, FOR THE INDIVIDUAL DESIGNATED  PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION AT THE POLICE AGENCY, PROSECUTORIAL
 AGENCY OR OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE SEXUAL
 OFFENSE.
   §  3.  The  executive  law is amended by adding a new section 838-b to
 read as follows:
   § 838-B. VICTIM'S RIGHT TO NOTICE. EACH POLICE  AGENCY,  PROSECUTORIAL
 AGENCY  AND OTHER LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER A SEXUAL
 OFFENSE SHALL, UPON REQUEST OF THE VICTIM WHO HAS  CONSENTED  TO  REPORT
 SUCH  OFFENSE TO LAW ENFORCEMENT, PROVIDE THE SEXUAL OFFENSE VICTIM WITH
 NOTICE OF THE  DATE  AND  LOCATION  AT  WHICH  SEXUAL  OFFENSE  EVIDENCE
 COLLECTED OR RECEIVED FROM SUCH VICTIM IS ASSESSED FOR CODIS ELIGIBILITY
 AND ANALYZED, WHETHER A CODIS ELIGIBLE PROFILE WAS DEVELOPED AND WHETHER
 OR  NOT A DNA MATCH WAS IDENTIFIED, PROVIDED, HOWEVER, THAT THE PROSECU-
 TORIAL AGENCY SERVING THE JURISDICTION MAY TEMPORARILY DELAY RELEASE  OF
 SUCH  DNA  MATCH  INFORMATION  TO  THE  VICTIM, PRIOR TO THE ARREST OF A
 SUSPECT ALLEGED TO HAVE COMMITTED SUCH OFFENSE, IF SUCH AGENCY DOCUMENTS
 IN WRITING AND NOTIFIES THE VICTIM  THAT  RELEASE  OF  SUCH  INFORMATION
 WOULD  COMPROMISE  THE  SUCCESSFUL INVESTIGATION OF SUCH SEXUAL OFFENSE.
 THE POLICE OR PROSECUTORIAL AGENCY OR OTHER LAW  ENFORCEMENT  AGENCY  IN
 POSSESSION  OF  A  SEXUAL  OFFENSE  EVIDENCE KIT SHALL NOTIFY THE SEXUAL
 OFFENSE VICTIM AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE TWEN-
 TY-YEAR STORAGE PERIOD IN ACCORDANCE WITH PARAGRAPH (K)  OF  SUBDIVISION
 TWO OF SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.

 S. 6428--C                          4
 
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, however, the addi-
 tion, amendment, and/or repeal of any rules and regulations necessary to
 implement the provisions of this act on its  effective  date,  including
 the  compiling  of  the sexual assault victim bill of rights required by
 section one of this act, are authorized and directed to be completed  on
 or before such effective date.