S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8977
 
                             I N  S E N A T E
 
                               June 8, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11584-22-8

 S. 8977                             2
 
   (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  POLICE  AGENCY,  PROSECUTORIAL
 AGENCY  OR  OTHER  LAW  ENFORCEMENT  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;
   (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 BY PROVIDING A COPY OF THIS SEXUAL ASSAULT
 VICTIM BILL OF RIGHTS AND OFFERING TO EXPLAIN SUCH RIGHTS.
   § 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-

 S. 8977                             3

 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 POLICE
 AGENCY, PROSECUTORIAL AGENCY OR OTHER LAW ENFORCEMENT 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.  THE POLICE OR PROSECUTORIAL AGEN-
 CY  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 TWENTY-YEAR STORAGE PERIOD IN  ACCORDANCE
 WITH  PARAGRAPH  (K)  OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED
 FIVE-I OF THE PUBLIC HEALTH LAW.
   § 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.