assembly Bill A5048

2021-2022 Legislative Session

Relates to untested sexual offense evidence kit collection reports

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 held for consideration in codes
Jan 05, 2022 referred to codes
Feb 10, 2021 referred to codes

Co-Sponsors

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Multi-Sponsors

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A5048 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6619
2017-2018: A4801
2019-2020: A3537

A5048 (ACTIVE) - Summary

Relates to untested sexual offense evidence kit collection reports.

A5048 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5048
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. PALMESANO, BLANKENBUSH, J. M. GIGLIO, FRIEND,
   HAWLEY, BRABENEC, DiPIETRO, MORINELLO, SALKA, TAGUE -- Multi-Sponsored
   by -- M. of  A.    BARCLAY,  BYRNES,  McDONOUGH,  MIKULIN,  B. MILLER,
   MONTESANO, REILLY -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  executive  law,  in relation to untested sexual
   offense evidence kit collection reports
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. UNTESTED SEXUAL OFFENSE EVIDENCE KIT COLLECTION REPORT.    1.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "FORENSIC MEDICAL EXAMINATION" SHALL MEAN AN EXAMINATION  PROVIDED
 TO  THE  VICTIM  OF  A  SEXUAL OFFENSE BY A HEALTH CARE PROVIDER FOR THE
 PURPOSE OF GATHERING AND PRESERVING EVIDENCE OF A SEXUAL OFFENSE FOR USE
 IN A COURT OF LAW;
   (B) "SEXUAL OFFENSE  EVIDENCE  COLLECTION  KIT"  SHALL  MEAN  A  HUMAN
 BIOLOGICAL  SPECIMEN  OR  SPECIMENS  COLLECTED BY A HEALTH CARE PROVIDER
 DURING A FORENSIC MEDICAL  EXAMINATION  FROM  THE  VICTIM  OF  A  SEXUAL
 OFFENSE; AND
   (C)  "UNTESTED  SEXUAL  OFFENSE  EVIDENCE COLLECTION KIT" SHALL MEAN A
 SEXUAL OFFENSE EVIDENCE COLLECTION KIT THAT HAS NOT  BEEN  SUBMITTED  TO
 THE  NEW  YORK STATE POLICE LABORATORY OR A SIMILAR QUALIFIED LABORATORY
 FOR EITHER A SEROLOGY OR DEOXYRIBONUCLEIC ACID (DNA) TEST.
   2. BY THE FIRST OF NOVEMBER, TWO THOUSAND TWENTY-ONE, AND EVERY  FIRST
 OF  NOVEMBER  THEREAFTER,  ALL  LAW ENFORCEMENT AGENCIES AND DEPARTMENTS
 CHARGED WITH THE MAINTENANCE, STORAGE AND PRESERVATION OF SEXUAL OFFENSE
 EVIDENCE COLLECTION KITS SHALL CONDUCT AN INVENTORY  OF  ALL  SUCH  KITS
 BEING STORED BY THE AGENCY OR DEPARTMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08005-01-1