The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2226
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in  relation  to  implementing  a
   statewide electronic tracking system for evidence collection kits used
   to  collect  and  preserve  evidence  of a sexual assault or other sex
   offence that are submitted to the custody of law enforcement;  and  to
   amend  a  chapter  of  the laws of 2022 amending the public health law
   relating to implementing a statewide electronic  tracking  system  for
   evidence  collection  kits  used to collect and preserve evidence of a
   sexual assault or other sex offense, as proposed in legislative  bills
   numbers  S.  7867-A  and  A.  9596-A, in relation to the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 8 of section 2805-i of the public health law,
 as added by a chapter of the laws of 2022 amending the public health law
 relating to implementing a  statewide  electronic  tracking  system  for
 evidence  collection  kits  used  to  collect and preserve evidence of a
 sexual assault or other sex offense, as proposed  in  legislative  bills
 numbers S. 7867-A and A. 9596-A, is amended to read as follows:
   8.  (a) The division of criminal justice services in consultation with
 the department, the office of victim services,  the  division  of  state
 police,  and  the  New York State Coalition Against Sexual Assault shall
 develop [and implement]  a  statewide  electronic  tracking  system  for
 evidence  collection  kits  used  to  collect and preserve evidence of a
 sexual assault or other sex offense THAT ARE SUBMITTED TO THE CUSTODY OF
 LAW ENFORCEMENT. SUCH STATEWIDE ELECTRONIC  TRACKING  SYSTEM  SHALL  NOT
 INCLUDE EVIDENCE COLLECTION KITS NOT IN THE CUSTODY OF LAW ENFORCEMENT.
   (b)  [The division of criminal justice services shall implement proto-
 cols and administer the statewide electronic tracking system.] The divi-
 sion of criminal justice services shall promulgate rules and  guidelines
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04192-01-3

 S. 2226                             2
 
 to  ensure that [previously untested] sexual assault evidence collection
 kits THAT ARE SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT are  trackable
 [and  are  entered  into  the] ON A statewide electronic tracking system
 developed  pursuant  to  this  subdivision, and that survivors are given
 notice  of  how  they  may  track  their  own  sexual  assault  evidence
 collection  kit  AFTER  IT  HAS  BEEN  SUBMITTED  TO  THE CUSTODY OF LAW
 ENFORCEMENT.  Any law enforcement agency, [medical provider or] forensic
 laboratory, OR PROSECUTOR that has [in its] TAKEN custody [a  previously
 untested sexual assault] OF AN evidence collection kit used for a foren-
 sic  medical  examination  shall  comply with the established protocols,
 rules and guidelines [relating  to  all  such  untested  sexual  assault
 evidence  collection kits.   To the extent practicable, in collaboration
 with rape crisis and local victim assistance organizations, and consist-
 ent  with  protecting  victim  confidentiality  for  unreported   sexual
 assaults,  a  law  enforcement  agency  having  custody  of a previously
 untested sexual assault evidence collection kit  shall  take  reasonable
 measures  to  provide  appropriate  tracking information to the affected
 survivor] ESTABLISHED BY  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
 PURSUANT TO THIS PARAGRAPH.
   (c) The statewide electronic tracking system shall:
   (1)  Track  the  location  and  status of each evidence collection kit
 [through the criminal justice process, including the initial  collection
 of evidence for the kit in a forensic medical examination performed at a
 healthcare  facility, receipt and storage of the evidence collection kit
 at a law enforcement  agency,  receipt  and  analysis  of  the  evidence
 collection  kit  at  an  accredited  crime  laboratory,  and storage and
 destruction of the kit after the applicable evidence is analyzed]  AFTER
 SUCH KIT HAS BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT;
   (2)  Allow  a [healthcare facility performing a forensic medical exam-
 ination of a survivor,] law enforcement agency, accredited crime labora-
 tory, prosecutor, EMPLOYEES OF THE  LONG-TERM  SEXUAL  OFFENSE  EVIDENCE
 STORAGE  FACILITY,  or ANY other entity providing a chain of custody for
 an evidence collection kit, to update and track the status and  location
 of  the kits THAT HAVE BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT;
 and
   (3) Allow a survivor to anonymously track or receive updates regarding
 the status and location of such survivor's evidence collection kit  THAT
 HAS BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT.
   (d)  No  later  than  January  first,  two  thousand [twenty-four, the
 department shall  require  participation  in  the  statewide  electronic
 tracking  system established pursuant to this subdivision by all medical
 providers, law enforcement  agencies,  forensic  laboratories  or  other
 persons or entities having custody or use of any sexual assault evidence
 collection  kit  in  the  state.  Such  entities]  TWENTY-FIVE,  ANY LAW
 ENFORCEMENT AGENCY, ACCREDITED CRIME LABORATORY, PROSECUTOR, EMPLOYEE OF
 THE LONG-TERM SEXUAL OFFENSE EVIDENCE STORAGE  FACILITY,  OR  ANY  OTHER
 ENTITY  PROVIDING  A  CHAIN OF CUSTODY FOR AN EVIDENCE COLLECTION KIT TO
 UPDATE AND TRACK THE STATUS AND LOCATION OF SUCH KIT, shall  participate
 in  the tracking system and comply with all established protocols, rules
 and guidelines. A participating entity shall be permitted to access  the
 entity's  tracking information through the statewide electronic tracking
 system.
   (e)  Records  entered  into  the  tracking  system  are  confidential.
 Records  relating  to an evidence collection kit [may] SHALL be accessed
 only by[:
 S. 2226                             3

   (1)] the survivor for whom the evidence collection kit was completed[;
 or
   (2) an employee of an entity described by paragraph (d) of this subdi-
 vision  for  purposes  of updating or tracking the status or location of
 the evidence collection kit].
   (f) THE PROVISIONS OF THIS SUBDIVISION SHALL  APPLY  TO  ALL  EVIDENCE
 COLLECTION  KITS  SUBMITTED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF
 THIS SUBDIVISION.
   (G) For purposes of this section:
   (1) ["previously untested  sexual  assault  evidence  collection  kit"
 shall  mean  an  evidence collection kit that has not undergone forensic
 testing;
   (2)] "evidence collection kit" shall mean a human biological  specimen
 or  specimens  collected  by  a  healthcare  provider  during a forensic
 medical examination from the victim of a sexual  assault  or  other  sex
 offense; and
   [(3)]  (2)  "survivor" shall mean an individual who is the victim of a
 sexual offense from  whom  a  human  biological  specimen  or  specimens
 collected  by  a  healthcare provider during a forensic medical examina-
 tion.
   § 2. Section 2 of a chapter of the laws of 2022  amending  the  public
 health  law  relating  to  implementing  a statewide electronic tracking
 system for  evidence  collection  kits  used  to  collect  and  preserve
 evidence of a sexual assault or other sex offense, as proposed in legis-
 lative  bills  numbers  S.  7867-A  and A. 9596-A, is amended to read as
 follows:
   § 2. This act shall take  effect  [immediately]  ON  THE  ONE  HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as a chapter of the laws of 2022 amending the public health
 law relating to implementing a statewide electronic tracking system  for
 evidence  collection  kits  used  to  collect and preserve evidence of a
 sexual assault or other sex offense, as proposed  in  legislative  bills
 numbers S. 7867-A and A. 9596-A, takes effect.