NY State Senate Bill 2023-S7169

Senate Bill S7169

2023-2024 Legislative Session

Prohibits the unlawful 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 Senate Committee Codes 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
Jan 03, 2024	referred to codes
May 18, 2023	referred to codes

2023-S7169 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §215.85, Pen L; add §60.77, CP L

2023-S7169 (ACTIVE) - Summary

Prohibits the unlawful 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-S7169 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7169

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the unlawful 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.

 
SUMMARY OF PROVISIONS:

Section 1. The penal law is amended by adding a new section 215.85 to
prohibit Unlawful disclosure of a sexual assault victim's DNA or RNA
evidence.

Section 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.

Section 3. Effective Date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This is a new bill.

 
JUSTIFICATION:

Sexual assault and rape are some of the most personal crimes that can be
perpetrated upon a victim. One of the tools that law enforcement uses to
gather evidence is the administration of a "rape kit" otherwise known as
a sexual assault forensic exam.

Sexual assault forensic exams are head-to-toe examination. It may
include a full body examination, including internal examinations of the
mouth, vagina, and/or anus. It may also include taking samples of blood,
urine, swabs of body surface areas, and sometimes hair samples.

A women in San Francisco, as reported in national news stories, who was
a victim of rape, underwent a sexual assault forensic exam and was
subsequently arrested when her DNA came back linked to a property crime
case.

Various sources report that as many as 54% of rapes are not reported to
the police and of cases reported to police and of those reported only
50% of those cases are solved.

A survivor of sexual assault should not have their own DNA or RNA, as
gathered in a sexual assault forensic exam used against them. If permit-
ted this might have a chilling effect on the reporting of sexual assault
or rape and hinder the authorities ability to successfully prosecute a
criminal.

This bill will prohibit the use of a victim's DNA and RMA as a collected
during a sexual assault forensic exam from being used against them.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall 24 have
become a law.

2023-S7169 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7169
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 S. 7169                             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.

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