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.