NY State Assembly Bill 2023-A6661A

Assembly Bill A6661A

2023-2024 Legislative Session

Prohibits the disclosure of a sexual assault victim's DNA or RNA evidence; and limits the use of a sexual assault victim's DNA or RNA evidence in an unrelated proceeding

download bill text pdf

Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2024	print number 6661a
Apr 08, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
Apr 26, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-A6661 - Details

Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Add §838-c, Exec L; add §60.77, CP L

2023-A6661 - Summary

Prohibits the disclosure of a sexual assault victim's DNA or RNA evidence by entry of the DNA or RNA profile into a criminal database or by use in an unrelated investigation or prosecution of the sexual assault victim; provides that a sexual assault victim's DNA or RNA evidence is not admissible in unrelated proceedings against the sexual assault victim.

2023-A6661 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6661
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting  the  unlawful
   disclosure  of  a  sexual assault victim's DNA or RNA evidence; and to
   amend the criminal procedure law, in relation to limiting the use of a
   sexual assault victim's DNA or RNA evidence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 215.85 to
 read as follows:
 § 215.85 UNLAWFUL DISCLOSURE OF A SEXUAL ASSAULT  VICTIM'S  DNA  OR  RNA
            EVIDENCE.
   1.  A  PERSON  IS  GUILTY  OF  UNLAWFUL DISCLOSURE OF A SEXUAL ASSAULT
 VICTIM'S DNA OR RNA EVIDENCE WHEN, BEING A POLICE OFFICER OR PEACE OFFI-
 CER, A PUBLIC OFFICER OR PUBLIC EMPLOYEE, OR AN EMPLOYEE OR AGENT  OF  A
 HOSPITAL  OR A CRIMINAL OR PRIVATE TESTING FACILITY OR LABORATORY, HE OR
 SHE:
   (A) ENTERS INTO ANY INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL  CRIMI-
 NAL DATABASE EVIDENCE OF A SEXUAL ASSAULT VICTIM'S DEOXYRIBONUCLEIC ACID
 ("DNA")  PROFILE  OR  RIBONUCLEIC ACID ("RNA") PROFILE THAT WAS OBTAINED
 DURING THE INVESTIGATION OF AN OFFENSE DESCRIBED IN ARTICLE ONE  HUNDRED
 THIRTY  OF THIS PART OR TREATMENT OF THE SEXUAL ASSAULT VICTIM FOLLOWING
 THE COMMISSION OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY  OF
 THIS PART; OR
   (B)  ACCESSES  OR  UTILIZES  EVIDENCE OF A SEXUAL ASSAULT VICTIM'S DNA
 PROFILE OR RNA PROFILE THAT WAS OBTAINED AS DESCRIBED IN  PARAGRAPH  (A)
 OF THIS SUBDIVISION DURING AN INVESTIGATION OR PROSECUTION OF THE SEXUAL
 ASSAULT  VICTIM  FOR  ANY OFFENSE OR ATTEMPT TO COMMIT AN OFFENSE UNCON-
 NECTED TO THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE OR ATTEMPT
 TO COMMIT THE OFFENSE OCCURRED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10843-01-3
 A. 6661                             2

 
   2. NOTHING IN THIS SECTION SHALL PROHIBIT THE INCLUSION  OF  A  SEXUAL
 ASSAULT VICTIM'S DNA OR RNA EVIDENCE:
   (A) IN A NON-CRIMINAL MISSING PERSONS DATABASE; OR
   (B)  IN  A  CRIMINAL  DATABASE  IF  THE  SEXUAL ASSAULT VICTIM, OR THE
 VICTIM'S PARENT, GUARDIAN OR LEGAL REPRESENTATIVE CONSENTS TO THE INCLU-
 SION IN WRITING.
   UNLAWFUL DISCLOSURE OF A SEXUAL ASSAULT VICTIM'S DNA OR  RNA  EVIDENCE
 IS A CLASS E FELONY.
   §  2.  The  criminal  procedure law is amended by adding a new section
 60.77 to read as follows:
 § 60.77 RULES  OF  EVIDENCE; USE OF A SEXUAL ASSAULT VICTIM'S DNA OR RNA
           EVIDENCE IN CERTAIN CASES.
   1. EVIDENCE OF  A  SEXUAL  ASSAULT  VICTIM'S  DEOXYRIBONUCLEIC    ACID
 ("DNA")  PROFILE  OR  RIBONUCLEIC ACID ("RNA") PROFILE THAT WAS OBTAINED
 DURING THE INVESTIGATION OF AN OFFENSE DESCRIBED IN ARTICLE ONE  HUNDRED
 THIRTY  OF  THE  PENAL  LAW  OR  TREATMENT  OF THE SEXUAL ASSAULT VICTIM
 FOLLOWING THE COMMISSION OF AN OFFENSE DESCRIBED IN ARTICLE ONE  HUNDRED
 THIRTY  OF THE PENAL LAW SHALL NOT BE ADMISSIBLE IN A PROSECUTION OF THE
 VICTIM FOR ANY OFFENSE OR AN ATTEMPT TO COMMIT AN OFFENSE  UNRELATED  TO
 THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE OR ATTEMPT TO COMMIT
 THE OFFENSE OCCURRED.
   2.    EVIDENCE  THAT  RESULTED  FROM A VIOLATION OF SUBDIVISION ONE OF
 SECTION 215.85 OF THE PENAL LAW (UNLAWFUL DISCLOSURE OF A SEXUAL ASSAULT
 VICTIM'S DNA OR RNA EVIDENCE) SHALL NOT BE ADMISSIBLE IN  A  PROSECUTION
 OF  THE SEXUAL ASSAULT VICTIM FOR ANY OFFENSE OR AN ATTEMPT TO COMMIT AN
 OFFENSE UNRELATED TO THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE
 OR ATTEMPT TO COMMIT THE OFFENSE OCCURRED.  ANY SUCH EVIDENCE  SHALL  BE
 ORDERED BY THE COURT TO BE SEALED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2023-A6661A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Add §838-c, Exec L; add §60.77, CP L

2023-A6661A (ACTIVE) - Summary

2023-A6661A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6661--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  executive  law,  in  relation  to  prohibiting  the
   disclosure  of  a  sexual assault victim's DNA or RNA evidence; and to
   amend the criminal procedure law, in relation to limiting the use of a
   sexual assault victim's DNA or RNA evidence
 
   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 838-c
 to read as follows:
   § 838-C. DISCLOSURE OF A SEXUAL ASSAULT VICTIM'S DNA OR RNA  EVIDENCE.
 1.  NO  PERSON,  INCLUDING  A  POLICE OFFICER OR PEACE OFFICER, A PUBLIC
 OFFICER OR PUBLIC EMPLOYEE, OR AN EMPLOYEE OR AGENT OF A HOSPITAL  OR  A
 CRIMINAL OR PRIVATE TESTING FACILITY OR LABORATORY, SHALL:
   (A) ENTER INTO ANY INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL CRIMINAL
 DATABASE  EVIDENCE  OF  A  SEXUAL ASSAULT VICTIM'S DEOXYRIBONUCLEIC ACID
 ("DNA") PROFILE OR RIBONUCLEIC ACID ("RNA") PROFILE  THAT  WAS  OBTAINED
 DURING  THE INVESTIGATION OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW  OR  TREATMENT  OF  THE  SEXUAL  ASSAULT  VICTIM
 FOLLOWING  THE COMMISSION OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW; OR
   (B) ACCESS OR UTILIZE  EVIDENCE  OF  A  SEXUAL  ASSAULT  VICTIM'S  DNA
 PROFILE  OR  RNA PROFILE THAT WAS OBTAINED AS DESCRIBED IN PARAGRAPH (A)
 OF THIS SUBDIVISION DURING AN INVESTIGATION OR PROSECUTION OF THE SEXUAL
 ASSAULT VICTIM FOR ANY OFFENSE OR ATTEMPT TO COMMIT  AN  OFFENSE  UNCON-
 NECTED TO THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE OR ATTEMPT
 TO COMMIT THE OFFENSE OCCURRED.
   2.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE INCLUSION OF A SEXUAL
 ASSAULT VICTIM'S DNA OR RNA EVIDENCE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10843-02-4

 A. 6661--A                          2
 
   (A) IN A NON-CRIMINAL MISSING PERSONS DATABASE; OR
   (B)  IN  A  CRIMINAL  DATABASE  IF  THE  SEXUAL ASSAULT VICTIM, OR THE
 VICTIM'S PARENT, GUARDIAN OR LEGAL REPRESENTATIVE CONSENTS TO THE INCLU-
 SION IN WRITING.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 60.77 to read as follows:
 § 60.77 RULES  OF  EVIDENCE; USE OF A SEXUAL ASSAULT VICTIM'S DNA OR RNA
           EVIDENCE IN CERTAIN CASES.
   1.  EVIDENCE  OF  A  SEXUAL  ASSAULT  VICTIM'S DEOXYRIBONUCLEIC   ACID
 ("DNA") PROFILE OR RIBONUCLEIC ACID ("RNA") PROFILE  THAT  WAS  OBTAINED
 DURING  THE INVESTIGATION OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW  OR  TREATMENT  OF  THE  SEXUAL  ASSAULT  VICTIM
 FOLLOWING  THE COMMISSION OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW SHALL NOT BE ADMISSIBLE IN A PROSECUTION OF  THE
 VICTIM  FOR  ANY OFFENSE OR AN ATTEMPT TO COMMIT AN OFFENSE UNRELATED TO
 THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE OR ATTEMPT TO COMMIT
 THE OFFENSE OCCURRED.
   2.  EVIDENCE THAT RESULTED FROM A  VIOLATION  OF  SUBDIVISION  ONE  OF
 SECTION  838-C  OF  THE  EXECUTIVE  LAW  (DISCLOSURE OF A SEXUAL ASSAULT
 VICTIM'S DNA OR RNA EVIDENCE) SHALL NOT BE ADMISSIBLE IN  A  PROSECUTION
 OF  THE SEXUAL ASSAULT VICTIM FOR ANY OFFENSE OR AN ATTEMPT TO COMMIT AN
 OFFENSE UNRELATED TO THE SEXUAL ASSAULT, REGARDLESS OF WHEN SUCH OFFENSE
 OR ATTEMPT TO COMMIT THE OFFENSE OCCURRED.  ANY SUCH EVIDENCE  SHALL  BE
 ORDERED BY THE COURT TO BE SEALED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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