NY State Senate Bill 2017-S6428A

Senate Bill S6428A

2017-2018 Legislative Session

Provides for the establishment of a sexual assault survivor bill of rights by the department of health, in consultation with the division of criminal justice services and department of law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 06, 2018	amended on third reading 6428c
May 31, 2018	amended on third reading (t) 6428b
Jan 30, 2018	amended on third reading (t) 6428a
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.156
Jan 03, 2018	referred to health returned to senate died in assembly
Jun 21, 2017	referred to health delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1165
May 18, 2017	referred to health

Votes

- Jun 21, 2017 - Floor Vote
  S6428A
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Jan 9, 2018 - Health Committee Vote
  S6428A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 9, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
  May 23, 2017 - Health Committee Vote
  S6428A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2017-S6428 - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

2017-S6428 - Summary

Provides for the establishment of a sexual assault victim bill of rights by the department of health, in consultation with the division of criminal justice services and the office of victim services; establishes a victim's right to notice.

2017-S6428 - Sponsor Memo

                                 BILL NUMBER:  S6428

 TITLE OF BILL :

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 establishing a victim's
right to notice and requiring a study relating to the feasibility of
establishing a statewide tracking system for sexual offense evidence
kits

 PURPOSE :

To provide for the establishment of a Sexual Assault Survivor Bill of
Rights by the Department of Health (DOH) in consultation with the
Division of Criminal Justice Services (DCJS) and the Department of Law
as well as create a Victim's Right to Notice. This bill also requires
the DCJS to conduct a study on the feasibility of creating a statewide
rape kit tracking system. The DOH, in conjunction the Office of Victim
Services and the DCJS shall also study the feasibility and benefits of
increasing the time and manner in which hospitals must maintain sexual
offense evidence kits.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 6 of section 2805-i of the Public Health

Law by renumbering it as subdivision 8 and adds a new subdivision 6 to
require the Department of Health in conjunction with DCJS and the
Department of Law to establish a Sexual Assault Survivor Bill of
Rights for purposes of informing sexual assault victims of their
rights under state law. Subdivision 7 is added to section 2805-i of
the Public Health Law to require the DOH in conjunction with the
Office of Victim Services and the DCJS to conduct a study relating to
the maintenance of sexual offense evidence kits to determine the
feasibility and the benefits of increasing the time and manner in
which hospitals must maintain sexual offense evidence kits.

Section 2 amends Executive Law section 838-a, Paragraph (f) of
subdivision 1 adds the newly created § 838-b of the Executive Law.

Section 3 amends the Executive Law by renumbering the current
subdivision 3 of section 838-a as subdivision 4, and adds a new
subdivision 3 to provide that each police agency and prosecutorial
agency shall adopt policies and procedures concerning contact with
sexual assault victims and the provision of information to victims,
upon request, concerning their sexual assault evidence kits.

Section 4 amends the Executive Law by adding a new section 838-b to
create a Victim's Right to Notice.

Section 5 amends the Executive Law by adding a new section 838-c to
require the DCJS to conduct a study relating to the feasibility of
establishing a statewide sexual offense evidence kit tracking system.

Section 6 provides the effective date of this act.

 JUSTIFICATION :

New York has made great progress in the past year in relation to
sexual assault laws. Subsequent to enacting of the 2016 and 2017 laws
relating to the backlog of rape kits statewide, it was evident that
further steps should be taken to fix the criminal justice system in
relation to sexual assault survivors. This bill requires the
Department of Health in conjunction with DCJS and the Department of
Law to establish a Sexual Assault Survivor Bill of Rights for purposes
of informing sexual assault victims of their rights under state law.
Moreover, this bill creates a Victim's Right to Notice under the
Executive Law, which allows sexual assault survivors to request
information on their sexual offense evidence kit from the police
agency or prosecutorial agency with jurisdiction over the sexual
assault offense.

Further, this bill requires the DOH in conjunction with the Office of
Victim Services and the DCJS to conduct a study relating to the
maintenance of sexual offense evidence kits to determine the
feasibility and the benefits of increasing the time and manner in
which hospitals must maintain sexual offense evidence kits. Under
current State law, hospitals are required to collect and store a
sexual offense evidence kit for at least 30 days. Subsequent to the 30
days, it can be discarded, unless law enforcement requests the sexual
offense kit, the survivor requests the kit be turned over to law
enforcement or the victim signs a statement telling the hospital not
to collect and kept evidence of the sexual assault. Hospitals are
required under law to notify a victim prior to discarding the kits. A
study is necessary to determine whether the length of time and manner
in which hospitals must maintain sexual offense evidence kits should
be amended.

Lastly this bill requires the DCJS to conduct a study relating to the
feasibility of establishing a statewide sexual offense evidence kit
tracking system, to streamline law enforcement tracking, create
greater transparency and accountability to ensure compliance with the
existing law and to provide a way for survivors to check the status of
his or her sexual offense evidence kit throughout the entire process,
from collection to conviction. Washington is one state where the
legislature passed a law requiring all agencies involved with handling
rape kits to participate in a  tracking system beginning in 2018.
Proponents argue that a tracking system in and of itself is
victim/survivor centered and is an important reform that New York must
make.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, except that:
(a) Subdivision 6 of section 2805-I of the Public Health Law, as added
by section one of this act, shall take effect on the ninetieth day
after this act shall have become a law; provided that, effective
immediately the DOH is authorized to established and make available
the Sexual Assault Survivor Bill of Rights, required to be established
pursuant to such subdivision, on or before the effective date thereof;
and
(b) Sections two, three and four of this act shall take effect on
ninetieth day after this act shall have become a law, provided that if
section 838-a of the Executive Law shall not have taken effect on or
before such date, then section two and three of this act shall take
effect on the same date and manner as such section 838-a pursuant to
section two of chapter 500 of the laws of 2016, as amended.

2017-S6428 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6428
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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 establishing  a  victim's  right  to
   notice and requiring a study relating to the feasibility of establish-
   ing 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 6 of section 2805-i of the public health law is
 renumbered subdivision 8, and two new subdivisions 6 and 7 are 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,  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 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, 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 IN A REASONABLY TIMELY MANNER;
   (2) THE RIGHT OF THE VICTIM TO BE  OFFERED  AND  HAVE  MADE  AVAILABLE
 APPROPRIATE  POST-EXPOSURE  TREATMENT  THERAPIES,  INCLUDING A SEVEN DAY
 STARTER PACK OF HIV POST-EXPOSURE PROPHYLAXIS, IN  CASES  WHERE  IT  HAS
 BEEN DETERMINED THAT A SIGNIFICANT EXPOSURE TO HIV HAS OCCURRED;
   (3)  THE RIGHT TO RECEIVE INFORMATION RELATING TO AND THE PROVISION OF
 EMERGENCY CONTRACEPTION IN ACCORDANCE WITH SECTION TWENTY-EIGHT  HUNDRED
 FIVE-P OF THIS ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11584-03-7

 S. 6428                             2
 
   (4)  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,
 AND  THE  ESTIMATED  DESTRUCTION  DATE,  IF  ANY, FOR THE SEXUAL OFFENSE
 EVIDENCE KIT IN A MANNER OF  COMMUNICATION  DESIGNATED  BY  THE  VICTIM,
 UNLESS SUCH INFORMATION WOULD IMPEDE AN ONGOING INVESTIGATION; AND
   (5) THE RIGHT TO BE INFORMED WHEN THERE IS ANY CHANGE IN THE STATUS OF
 THEIR 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 HEALTHCARE
 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.
   7. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE OF  VICTIM  SERVICES
 AND  THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL CONDUCT A STUDY ON
 THE MAINTENANCE OF SEXUAL OFFENSE EVIDENCE  KITS,  SUCH  THAT  IT  SHALL
 DETERMINE  THE  FEASIBILITY  AND THE BENEFITS OF INCREASING THE TIME AND
 MANNER IN WHICH HOSPITALS MUST MAINTAIN SEXUAL  OFFENSE  EVIDENCE  KITS.
 THE  COMMISSIONER SHALL SUBMIT A REPORT OF THE DEPARTMENT'S FINDINGS AND
 RECOMMENDATIONS ON WHAT, IF ANY, CHANGES SHOULD  BE  MADE  TO  THE  LAWS
 RELATING  THERETO TO INCREASE THE TIME AND MANNER HOSPITALS ARE REQUIRED
 TO MAINTAIN SEXUAL OFFENSE EVIDENCE,  TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MAY
 FIRST, TWO THOUSAND EIGHTEEN.
   §  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  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. Subdivision 3 of section 838-a of the executive law is renumbered
 subdivision 4 and a new subdivision 3 is added to read as follows:
   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
 EVIDENCE-BASED  AND  SURVIVOR-FOCUSED 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, 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 BE PROVIDED WITH GENERAL CONTACT INFORMATION FOR THE POLICE AGEN-
 CY AND PROSECUTORIAL AGENCY WITH JURISDICTION OVER  THE  SEXUAL  ASSAULT
 OFFENSE.
   §  4.  The  executive  law is amended by adding a new section 838-b to
 read as follows:

 S. 6428                             3
 
   § 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, 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, WHETHER A CODIS ELIGI-
 BLE PROFILE WAS DEVELOPED AND/OR A DNA MATCH  WAS  IDENTIFIED,  AND  THE
 ESTIMATED  DESTRUCTION DATE, IF ANY, FOR THE KIT IN A MANNER OF COMMUNI-
 CATION DESIGNATED BY THE VICTIM, UNLESS SUCH INFORMATION WOULD IMPEDE AN
 ONGOING INVESTIGATION, AS OUTLINED IN THE SEXUAL ASSAULT SURVIVORS  BILL
 OF  RIGHTS  ESTABLISHED  PURSUANT  TO SUBDIVISION SIX OF SECTION TWENTY-
 EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.
   § 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 RELAT-
 ING TO THE  FEASIBILITY  OF  ESTABLISHING  A  STATEWIDE  SEXUAL  OFFENSE
 EVIDENCE  KIT  TRACKING  SYSTEM  TO STREAMLINE LAW ENFORCEMENT TRACKING,
 CREATE GREATER TRANSPARENCY AND ACCOUNTABILITY  IN  ENSURING  COMPLIANCE
 WITH THIS ARTICLE AND TO PROVIDE A WAY FOR SURVIVORS TO CHECK THE STATUS
 OF HIS OR HER SEXUAL OFFENSE EVIDENCE KIT THROUGHOUT THE ENTIRE PROCESS,
 FROM COLLECTION TO CONVICTION. THE COMMISSIONER SHALL SUBMIT A REPORT OF
 THE  DIVISION'S FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  OR
 BEFORE MAY FIRST, TWO THOUSAND EIGHTEEN.
   § 6. This act shall take effect immediately, except that:
   (a) Subdivision 6 of section 2805-i of the public health law, as added
 by section one of this act, shall take effect on the ninetieth day after
 this  act  shall have become a law; provided that, effective immediately
 the department of health is authorized to establish and  make  available
 the  sexual  assault survivor bill of rights, required to be established
 pursuant to such subdivision, on or before the effective  date  thereof;
 and
   (b)  sections two, three and four of this act shall take effect on the
 ninetieth day after this act shall have become a law, provided  that  if
 section  838-a  of  the  executive law shall not have taken effect on or
 before such date, then sections two and three of  this  act  shall  take
 effect  on  the  same date and manner as section 2 of chapter 500 of the
 laws of 2016, as amended.

co-Sponsors

View additional co-sponsors

2017-S6428A - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

2017-S6428A - Summary

2017-S6428A - Sponsor Memo

                                
 
BILL NUMBER: S6428A

SPONSOR: HANNON
 
TITLE OF BILL:

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

 
PURPOSE:

To provide for the establishment of a Sexual Assault Survivor Bill of
Rights, to require unreported sexual assault evidence kits be maintained
for 20 years and to require notice prior to the destruction of such
kits. This bill also requires the Division of Criminal Justice Services
(DCJS) to conduct a study on the feasibility of creating a statewide
sexual offense evidence kit tracking system.

SUMMARY OF PROVISIONS:

Section one amends subdivision two of section 2805-i of the Public
Health Law to provide that hospitals shall transfer, after not less than
30 days, sexual assault offense evidence to a centralized location to be
maintained for at least twenty years. Hospitals shall provide the sexual
assault victim with notice ten days prior to the transfer.

Section two amends subdivision six of section 2805-i of the Public
Health Law by renumbering it as subdivision seven and adds a new subdi-
vision six to require the Department of Health (DOH) in consultation
with DCJS, Department of Law, stakeholders and victim advocacy groups,
to establish a Sexual Assault Survivor Bill of Rights for purposes of
informing sexual assault victims of their rights under state law.

Section three amends Executive Law § 838-a to clarify the current test-
ing requirements apply to reported kits where a sexual offense victim
has consented and to require unreported sexual offense evidence kits
where a victim has not consented to report to law enforcement be main-
tained for up to 20 years at a secure, centralized location to be desig-
nated by DCJS in consultation with DOH, stakeholders and victim advocacy
organizations. This section also requires police and prosecutorial agen-
cies to adopt policies concerning contact with victims relating to their
sexual offense evidence which must include designating a trained indi-
vidual within the agency to receive inquiries regarding sexual assault
offense evidence.

Section four amends the Executive Law by adding a new section 838-b to
create a Victim's Right to Notice at least 30 days prior to destruction
of an unreported sexual offense evidence kit.

Section five amends the Executive Law by adding a new section 838-c to
require the DCJS to conduct a study relating to the feasibility of
establishing a statewide sexual offense evidence kit tracking system.

Section six provides the effective date of this act.

 
JUSTIFICATION:
New York has made great progress in the past year in relation to sexual
assault laws. Subsequent to enacting of the 2016 and 2017 laws relating
to the backlog of rape kits statewide, it was evident that further steps
should be taken to fix the criminal justice system in relation to sexual
assault survivors. This bill requires the DOH in conjunction with DCJS,
the Department of Law, stakeholders and victim advocacy groups, to
establish a Sexual Assault Survivor Bill of Rights for purposes of
informing sexual assault victims of their rights under state law. More-
over, this bill creates a Victim's Right to Notice under the Executive
Law, which allows sexual assault survivors to request information on
their sexual offense evidence kit from the police agency or prosecutori-
al agency with jurisdiction over the sexual assault offense.

Further, this bill ensures sexual assault evidence collected from
victims who may choose not to immediately prosecute is not destroyed
prior to giving ample time and notice. Following federal guidelines from
U.S. Department of Justice, the bills requires unreported kits be main-
tained for up to 20 years in a secure location. Under current State law,
hospitals are required to collect and store a sexual offense evidence
kits for at least 30 days. Subsequent to the 30 days, it can be
discarded, unless the survivor requests the kit be turned over to law
enforcement. The 30 day timeframe for preservation of this evidence is
far too short, especially given there is no statute of limitations in
the state for rape. However, as the federal guidelines provide, hospi-
tals are not the appropriate place to store these kits long term for
evidence preservation. Thus, this bill requires hospitals to transfer
the kits to a secure, centralized location to be designated by DCJS in
consultation with DOH, stakeholders and victim advocacy groups, for a
period of no less than 20 years.  Hospitals must maintain such kits
until such facility has been designated by DCJS. Additionally, Victims
must be provided notice not less than 30 days prior to destruction of
the evidence.

Lastly this bill requires the DCJS to conduct a study relating to the
feasibility of establishing a statewide sexual offense evidence kit
tracking system, to streamline law enforcement tracking, create greater
transparency and accountability to ensure compliance with the existing
law, and to provide a way for survivors to check the status of his or
her sexual offense evidence kit throughout the entire process, from
collection to conviction. Washington is one state where the legislature
passed a law requiring all agencies involved with handling rape kits to
participate in a tracking system beginning in 2018. Proponents argue
that a tracking system in and of itself is victim/survivor centered and
is an important reform that New York must make.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, except that: DCJS shall desig-
nated a secure, centralized location within 180 days and no hospital
shall destroy or transfer such evidence until such designation.

2017-S6428A - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2017-S6428B - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

2017-S6428B - Summary

2017-S6428B - Sponsor Memo

                                
 
BILL NUMBER: S6428B

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law and the execu-
tive 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

 
PURPOSE:

To provide for the establishment of a Sexual Assault Victim Bill of
Rights by the Department of Health, in consultation with the Division of
Criminal Justice Services (DCJS), the Office of Victim Services, hospi-
tals and other health care providers, and victim advocacy organizations.
This bill also establishes a Victim's Right to Notice about the status
of their sexual offense evidence kit.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 6 of section 2805-i of the public health

law by renumbering it as subdivision 7 and adds a new subdivision 6 to
require the Department of Health, in consultation with DCJS, the Office
of Victim Services, hospitals and other health care providers, and
victim advocacy organizations to establish a Sexual Assault Victim Bill
of Rights for purposes of informing sexual assault victims of their
rights under state law.

Section 2 amends the executive law by renumbering the current subdivi-
sion 3 of section 838-a as subdivision 4 and adds a new subdivision 3 to
provide that each police agency, prosecutorial agency, and other law
enforcement agency shall adopt policies and procedures concerning
contact with sexual assault victims and the provision of information to
victims, upon request, concerning their sexual assault evidence kits.

Section 3 amends the executive law by adding a new section 838-b to
create a Victim's Right to Notice, which provides that a sexual assault
victim has the right to be notified of the date and location at which
their sexual offense evidence kit was assessed and analyzed, whether a
CODIS eligible profile was developed, and whether a DNA match was iden-
tified, provided that the prosecutorial agency serving the jurisdiction
may temporarily delay release of DNA match information if it would
compromise an ongoing investigation.

Section 4 provides the effective date of this act.

 
JUSTIFICATION:

New York has made great progress in strengthening our sexual assault
laws. We have worked to eliminate any backlog in rape kits by ensuring
all rape kits reported to law enforcement are timely processed and
earlier this year we adopted legislation to ensure rape kits that are
not reported to law enforcement are maintained for twenty years. This
will ensure that essential evidence is not prematurely destroyed in the
event a victim chooses to proceed with prosecution. This legislation,
which requires the Department of Health, in consultation with DCJS, the
Office of Victim Services and other stakeholders, to establish a Sexual
Assault Victim Bill of Rights, will ensure all victims are aware of
these new laws as well as other existing protections guaranteed under
New York State Law.  Notifying victims of their legal rights will help
ensure survivors are aware of the services available to them and
provided with the information they need to navigate complicated medical
and criminal justice systems. Additionally, this bill requires all law
enforcement agencies to adopt policies for communicating with survivors
that are victim-focused and trauma-informed. Finally, this legislation
creates a Victim's Right to Notice to enable a survivor to request
information on their sexual offense evidence kit from the police agency
or prosecutorial agency with jurisdiction over the crime. Together,
these provisions will create greater transparency and accountability and
help ensure that all sexual assault survivors are treated with dignity,
compassion, and respect.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law, except that
effective immediately, the addition, 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, are authorized and directed to be completed on or
before such effective date.

2017-S6428B - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2017-S6428C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

2017-S6428C (ACTIVE) - Summary

2017-S6428C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6428C

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law and the execu-
tive 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

 
PURPOSE:

To provide for the establishment of a Sexual Assault Victim Bill of
Rights by the Department of Health, in consultation with the Division of
Criminal Justice Services (DCJS), the Office of Victim Services, hospi-
tals and other health care providers, and victim advocacy organizations.
This bill also establishes a Victim's Right to Notice about the status
of their sexual offense evidence kit.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 6 of section 2805-i of the public health

law by renumbering it as subdivision 7 and adds a new subdivision 6 to
require the Department of Health, in consultation with DCJS, the Office
of Victim Services, hospitals and other health care providers, and
victim advocacy organizations to establish a Sexual Assault Victim Bill
of Rights for purposes of informing sexual assault victims of their
rights under state law.

Section 2 amends the executive law by renumbering the current subdivi-
sion 3 of section 838-a as subdivision 4 and adds a new subdivision 3 to
provide that each police agency, prosecutorial agency, and other law
enforcement agency shall adopt policies and procedures concerning
contact with sexual assault victims and the provision of information to
victims, upon request, concerning their sexual assault evidence kits.

Section 3 amends the executive law by adding a new section 838-b to
create a Victim's Right to Notice, which provides that a sexual assault
victim has the right to be notified of the date and location at which
their sexual offense evidence kit was assessed and analyzed, whether a
CODIS eligible profile was developed, and whether a DNA match was iden-
tified, provided that the prosecutorial agency serving the jurisdiction
may temporarily delay release of DNA match information if it would
compromise an ongoing investigation.

Section 4 provides the effective date of this act.

 
JUSTIFICATION:

New York has made great progress in strengthening our sexual assault
laws. We have worked to eliminate any backlog in rape kits by ensuring
all rape kits reported to law enforcement are timely processed and
earlier this year we adopted legislation to ensure rape kits that are
not reported to law enforcement are maintained for twenty years. This
will ensure that essential evidence is not prematurely destroyed in the
event a victim chooses to proceed with prosecution. This legislation,
which requires the Department of Health, in consultation with DCJS, the
Office of Victim Services and other stakeholders, to establish a Sexual
Assault Victim Bill of Rights, will ensure all victims are aware of
these new laws as well as other existing protections guaranteed under
New York State Law.  Notifying victims of their legal rights will help
ensure survivors are aware of the services available to them and
provided with the information they need to navigate complicated medical
and criminal justice systems. Additionally, this bill requires all law
enforcement agencies to adopt policies for communicating with survivors
that are victim-focused and trauma-informed. Finally, this legislation
creates a Victim's Right to Notice to enable a survivor to request
information on their sexual offense evidence kit from the police agency
or prosecutorial agency with jurisdiction over the crime. Together,
these provisions will create greater transparency and accountability and
help ensure that all sexual assault survivors are treated with dignity,
compassion, and respect.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law, except that
effective immediately, the addition, 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, are authorized and directed to be completed on or
before such effective date.

2017-S6428C (ACTIVE) - Bill Text download pdf

                            
 
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6428A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S6428 - Details

2017-S6428 - Summary

2017-S6428 - Sponsor Memo

2017-S6428 - Bill Text download pdf

co-Sponsors

2017-S6428A - Details

2017-S6428A - Summary

2017-S6428A - Sponsor Memo

2017-S6428A - Bill Text download pdf

co-Sponsors

2017-S6428B - Details

2017-S6428B - Summary

2017-S6428B - Sponsor Memo

2017-S6428B - Bill Text download pdf

co-Sponsors

2017-S6428C (ACTIVE) - Details

2017-S6428C (ACTIVE) - Summary

2017-S6428C (ACTIVE) - Sponsor Memo

2017-S6428C (ACTIVE) - Bill Text download pdf

Comments