NY State Senate Bill 2021-S8408

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2022	referred to internet and technology

2021-S8408 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S997

2021-S8408 (ACTIVE) - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

2021-S8408 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8408

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law and the public health law, in relation
to the use of DNA collected from sexual offense evidence kits

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that DNA of a victim collected from a sexual offense evidence
kit may not be entered into state or local DNA databases and cannot be
used as part of reasonable cause to arrest or convict.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be included in the state DNA identification index. Any DNA of a
victim collected in a sexual offense evidence kit and already stored in
a DNA identification index shall be expunged within 90 days.

Section 2 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be used as part of reasonable cause of arrest, or be used in an
investigation. Any evidence that results from such use is inadmissible
and any conviction obtained through the use of DNA victim collection
shall be eligible for relief. The court may mandate changes in policies
of police departments to remedy a violation under this section.

Section 3 amends the public health law by providing that no DNA sample,
record, product, or evidence collected or resulting from the collection
of DNA of a victim collected in a sexual offense evidence kit may be
transmitted to any local or state DNA database, or be used as reasonable
cause of arrest or in criminal proceedings.

Section 4 provides for expungement of any state of local DNA database
that has samples of DNA collected from a victim through a sexual offense
evidence kit.

Section 5 is the effective date.

 
JUSTIFICATION:

Across the country, police use DNA samples collected from sexual assault
victims to identify them as possible suspects in other crimes. These DNA
samples are collected during the collection of a "rape kit" also known
as a sexual offense evidence kit, a tool used by law enforcement to
prosecute sex crimes. This practice treats victims as criminals in cases
completely unrelated to their sexual assault. When someone elects to
have a sexual offense evidence kit exam, they are consenting to the use
of their DNA for a very narrow focus: to hold the perpetrator of their
assault accountable. Any other use is a violation of the survivor's
privacy.

Additionally, people may be reluctant to report sexual assault if they
fear that their DNA could be used against them.
This legislation ensures that a victim's DNA collected from a sexual
offense evidence kit may not be entered into state or local DNA data-
bases, and cannot be used as reasonable cause for arrest or be used in
an investigation.The legislation also provides for expungement of DNA in
state or local databases that have been collected through this manner.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8408 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                             I N  S E N A T E
 
                             February 24, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the executive law and the public health law, in relation
   to the use of DNA collected from 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  3  of  section 995-c of the executive law is
 amended by adding two new paragraphs (c) and (d) to read as follows:
   (C) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE KIT SHALL BE INCLUDED IN THE STATE DNA IDENTIFICATION INDEX.
   (D) ANY DNA RECORD OF  A  VICTIM,  COLLECTED  FROM  A  SEXUAL  OFFENSE
 EVIDENCE  KIT AND STORED IN A DNA IDENTIFICATION INDEX MAINTAINED BY THE
 STATE OR ANY COUNTY, CITY, TOWN,  VILLAGE,  OR  MUNICIPALITY,  OR  ENTI-
 TY THEREOF,  MUST  BE EXPUNGED WITHIN NINETY DAYS OF THE EFFECTIVE  DATE
 OF THIS PARAGRAPH.
   § 2. Subdivision 1 of section 838-a of the executive law is amended by
 adding  four new paragraphs (g), (h), (i) and (j) to read as follows:
   (G) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE  KIT    MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND
 ANY PRODUCT  OR EVIDENCE THAT RESULTS FROM THE USE OF DNA  OF  A  VICTIM
 COLLECTED  FROM  A SEXUAL OFFENSE EVIDENCE KIT IS PROHIBITED FROM USE IN
 AN  INVESTIGATION.  FOR CRIMINAL PROSECUTIONS   AND    PROCEEDINGS,  ANY
 EVIDENCE  OR  PRODUCT  THAT  RESULTS OR FLOWS FROM THE USE OF DNA OF THE
 VICTIM COLLECTED FROM A SEXUAL OFFENSE EVIDENCE KIT IS INADMISSIBLE.
   (H) NO  DNA SAMPLE, RECORD, PRODUCT  OR EVIDENCE COLLECTED OR  RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM IN  A SEXUAL OFFENSE EVIDENCE
 KIT SHALL BE TRANSMITTED TO ANY LOCAL OR STATE DNA DATABASE.
   (I)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF DNA OF A VICTIM COLLECTED IN A SEXUAL  OFFENSE  EVIDENCE  KIT
 SHALL  BE  ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION 440.10 OF THE
 CRIMINAL PROCEDURE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14786-02-2

 S. 8408                             2
 
    (J)  IN  ANY  ACTION BROUGHT BY ANY PERSON TO ENFORCE  THIS  SECTION,
 THE  COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR  ENFORCE
 ANY VIOLATION OF THIS SECTION. THE COURT  MAY  MANDATE  CHANGES  IN  THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   §  3.  Subdivision  2  of  section  2805-i of the public health law is
 amended by adding four new paragraphs (l), (m), (n) and (o) to  read  as
 follows:
   (L) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE  KIT    MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND
 ANY PRODUCT  OR EVIDENCE THAT RESULTS FROM THE USE OF DNA  OF  A  VICTIM
 COLLECTED  FROM  A SEXUAL OFFENSE EVIDENCE KIT IS PROHIBITED FROM USE IN
 AN  INVESTIGATION.  FOR CRIMINAL PROSECUTIONS   AND    PROCEEDINGS,  ANY
 EVIDENCE  OR  PRODUCT  THAT  RESULTS OR FLOWS FROM THE USE OF DNA OF THE
 VICTIM COLLECTED FROM A SEXUAL OFFENSE EVIDENCE KIT IS INADMISSIBLE.
   (M) NO  DNA SAMPLE, RECORD, PRODUCT  OR EVIDENCE COLLECTED OR  RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM IN  A SEXUAL OFFENSE EVIDENCE
 KIT SHALL BE TRANSMITTED TO ANY LOCAL OR STATE DNA DATABASE.
   (N)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF DNA OF A VICTIM COLLECTED IN A SEXUAL  OFFENSE  EVIDENCE  KIT
 SHALL  BE  ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION 440.10 OF THE
 CRIMINAL PROCEDURE LAW.
   (O)  IN  ANY  ACTION BROUGHT BY ANY PERSON TO  ENFORCE  THIS  SECTION,
 THE  COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR  ENFORCE
 ANY VIOLATION OF THIS SECTION. THE COURT  MAY  MANDATE  CHANGES  IN  THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S8408

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

2021-S8408 (ACTIVE) - Details

2021-S8408 (ACTIVE) - Summary

2021-S8408 (ACTIVE) - Sponsor Memo

2021-S8408 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8408

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

2021-S8408 (ACTIVE) - Details

2021-S8408 (ACTIVE) - Summary

2021-S8408 (ACTIVE) - Sponsor Memo

2021-S8408 (ACTIVE) - Bill Text download pdf

Comments