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

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Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

view votes

Jan 9, 2018 - Health committee Vote

S6428
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 23, 2017 - Health committee Vote

S6428
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S6428 - Details

See Assembly Version of this Bill:
A8401A
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

S6428 - Summary

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, the department of law and the office of victim services; directs the division of criminal justice services to designate a centralized storage facility for unreported sexual assault evident kits, where such kits shall be retained for 20 years; directs the department of health to conduct a study on the maintenance of sexual offense evidence kits, directs the department of health to conduct a study on the maintenance of sexual offense evidence kits; provides the right to consult with and be accompanied by a victim assistance organization during physical exams and interrogations (view more) provides the right to preventive treatment for HIV; provides the right to notice about the results of the sexual assault evidence kit and the status of their case; directs police and prosecutors to implement policies to implement such rights; directs the division of criminal justice services to study the feasibility of establishing a statewide sexual assault evidence kit tracking system.

S6428 - Sponsor Memo

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

Co-Sponsors

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S6428A (ACTIVE) - Details

See Assembly Version of this Bill:
A8401A
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L; amd §838-a, add §§838-b & 838-c, Exec L

S6428A (ACTIVE) - Summary

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, the department of law and the office of victim services; directs the division of criminal justice services to designate a centralized storage facility for unreported sexual assault evident kits, where such kits shall be retained for 20 years; directs the department of health to conduct a study on the maintenance of sexual offense evidence kits, directs the department of health to conduct a study on the maintenance of sexual offense evidence kits; provides the right to consult with and be accompanied by a victim assistance organization during physical exams and interrogations (view more) provides the right to preventive treatment for HIV; provides the right to notice about the results of the sexual assault evidence kit and the status of their case; directs police and prosecutors to implement policies to implement such rights; directs the division of criminal justice services to study the feasibility of establishing a statewide sexual assault evidence kit tracking system.

S6428A (ACTIVE) - Sponsor Memo

S6428A (ACTIVE) - 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.

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