Assembly Bill A6764

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6764
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  reports  on  untested
   sexual offense evidence collection kits
 
   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 COLLECTION KIT REPORTS. 1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (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  JULY  FIRST,  TWO THOUSAND TWENTY-ONE, AND EVERY FIRST OF JULY
 THEREAFTER, ALL LAW ENFORCEMENT AGENCIES RESPONSIBLE FOR THE TAKING  AND
 PROCESSING  OF  SEXUAL OFFENSE EVIDENCE COLLECTION KITS SHALL CONDUCT AN
 INVENTORY OF ALL SUCH KITS BEING STORED BY THE AGENCY AND REPORT ALL  OF
 THE FOLLOWING TO THE DIVISION:
   (A)  THE  NUMBER  OF  SEXUAL  OFFENSE EVIDENCE COLLECTION KITS THE LAW
 ENFORCEMENT AGENCY COLLECTS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04647-01-1
              

 A. 6764                             2
 
   (B) THE NUMBER OF SEXUAL OFFENSE EVIDENCE  COLLECTION  KITS  THAT  ARE
 TESTED; AND
   (C) THE NUMBER OF UNTESTED SEXUAL OFFENSE EVIDENCE COLLECTION KITS AND
 THE REASON SUCH KITS REMAIN UNTESTED.
   3.  BY  THE FIRST OF JANUARY, TWO THOUSAND TWENTY-TWO, AND EVERY FIRST
 OF JANUARY THEREAFTER, THE DIVISION SHALL PREPARE AND TRANSMIT A  REPORT
 TO  THE APPROPRIATE POLICY COMMITTEES OF THE LEGISLATURE SUMMARIZING THE
 INFORMATION THE DIVISION RECEIVES PURSUANT TO SUBDIVISION  TWO  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.