assembly Bill A8401

Signed By Governor
2017-2018 Legislative Session

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 department of law

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 21, 2018 signed chap.407
Dec 11, 2018 delivered to governor
Jun 19, 2018 returned to assembly
passed senate
3rd reading cal.1985
substituted for s8977
Jun 14, 2018 referred to rules
delivered to senate
passed assembly
Jun 13, 2018 ordered to third reading rules cal.164
rules report cal.164
reported
Jun 08, 2018 amend and recommit to rules 8401c
Jun 07, 2018 reported referred to rules
Jun 05, 2018 reported referred to ways and means
reported referred to codes
May 30, 2018 print number 8401b
May 30, 2018 amend (t) and recommit to health
Jan 30, 2018 print number 8401a
Jan 30, 2018 amend (t) and recommit to health
Jan 03, 2018 referred to health
Jun 13, 2017 referred to health

Co-Sponsors

A8401 (ACTIVE) - Details

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

A8401 (ACTIVE) - 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.

A8401 (ACTIVE) - Bill Text download pdf


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

                                  8401

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee 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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8401A (ACTIVE) - Details

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

A8401A (ACTIVE) - 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.

A8401A (ACTIVE) - Bill Text download pdf


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

                                 8401--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by  M.  of A. SIMOTAS, OTIS -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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-
sponding  to  the  patient's  medical record. The alleged sexual offense
[victim] SURVIVOR shall be notified [that after thirty days, the refrig-

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8401B (ACTIVE) - Details

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

A8401B (ACTIVE) - 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.

A8401B (ACTIVE) - Bill Text download pdf


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

                                 8401--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by  M.  of  A.  SIMOTAS,  OTIS,  DINOWITZ,  DICKENS,  QUART,
  DE LA ROSA, NIOU, RIVERA, MOSLEY, BARRON, McDONALD, ZEBROWSKI, CROUCH,
  SIMON, GOTTFRIED, CAHILL, GIGLIO, HEVESI,  PELLEGRINO  --  Multi-Spon-
  sored  by  --  M. of A.  ABBATE, BRAUNSTEIN, M. L. MILLER -- read once
  and referred to the Committee on Health -- recommitted to the  Commit-
  tee  on Health in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11584-15-8

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8401C (ACTIVE) - Details

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

A8401C (ACTIVE) - 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.

A8401C (ACTIVE) - Bill Text download pdf


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

                                 8401--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2017
                               ___________

Introduced  by  M.  of  A.  SIMOTAS,  OTIS,  DINOWITZ,  DICKENS,  QUART,
  DE LA ROSA, NIOU, RIVERA, MOSLEY, BARRON, McDONALD, ZEBROWSKI, CROUCH,
  SIMON, GOTTFRIED, CAHILL, GIGLIO, HEVESI,  PELLEGRINO,  GALEF,  GLICK,
  WEPRIN,  L. ROSENTHAL -- Multi-Sponsored by -- M. of A. ABBATE, BRAUN-
  STEIN, M. L. MILLER -- read once and  referred  to  the  Committee  on
  Health  --  recommitted  to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee  on  Codes -- reported and referred to the Committee on
  Ways and Means -- reported and referred to the Committee on  Rules  --
  Rules Committee discharged, bill amended, ordered reprinted as amended
  and recommitted 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

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

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