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Senate Bill S3557

2023-2024 Legislative Session

Relates to reports on untested sexual offense evidence collection kits

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S3557 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Ren §837-w to be §837-x, add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7229
2017-2018: S4513
2019-2020: S2286
2021-2022: S1611

2023-S3557 (ACTIVE) - Summary

Relates to reports on untested sexual offense evidence collection kits; requires law enforcement agencies to report to the division of criminal justice services on the number of tested and untested sexual offense evidence collection kits; requires the division to report on the results of such report to the legislature.

2023-S3557 (ACTIVE) - Sponsor Memo

2023-S3557 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3557
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by Sens. SANDERS, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 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. Section 837-w of the executive law, as added by chapter 219
 of the laws of 2022, is renumbered section 837-x and a new section 837-y
 is added to read as follows:
   § 837-Y. 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-THREE, 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.
                                                            LBD00422-01-3

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