S T A T E O F N E W Y O R K
________________________________________________________________________
9585
I N S E N A T E
March 26, 2026
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to sexual offense
evidence collection kit procedures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (c), (f), (i) and (j) of subdivision 2 of
section 2805-i of the public health law, as amended by section 1 of part
II of chapter 56 of the laws of 2021, paragraph (j) as amended by
section 1 of part II of chapter 56 of the laws of 2021, are amended and
a new paragraph (k) is added to read as follows:
(a) All sexual offense evidence shall be kept in a locked, separate
and secure area for twenty years from the date of collection OR UNTIL
THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER; provided that such
evidence shall be transferred to a new location(s) pursuant to this
subdivision.
(c) Upon collection, the hospital shall notify the alleged sexual
offense victim that, after twenty years OR UNTIL THE VICTIM'S FORTIETH
BIRTHDAY, WHICHEVER IS LATER, the sexual offense evidence will be
discarded in compliance with state and local health codes and that the
alleged sexual offense victim's clothes or personal effects will be
returned to the alleged sexual offense victim at any time upon request.
The alleged sexual offense victim shall be given the option of providing
contact information for purposes of receiving notice of the planned
destruction of such evidence after the expiration of the twenty-year
period OR UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER.
(f) Between thirty and ten days prior to the transfer of sexual
offense evidence to the office of victim services, hospitals shall make
diligent efforts to notify the alleged sexual offense victim of the
transfer of custody for the remainder of the twenty-year storage period
OR UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER.
(i) At least ninety days prior to the expiration of the twenty-year
storage period for any sexual offense evidence OR UNTIL THE VICTIM'S
FORTIETH BIRTHDAY, WHICHEVER IS LATER, the office of victim services
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15189-01-6
S. 9585 2
shall make diligent efforts to contact the alleged sexual offense victim
to notify the alleged sexual offense victim that the sexual offense
evidence will be discarded in compliance with state and local health
codes and that the alleged sexual offense victim's clothes and personal
effects will be returned to the alleged sexual offense victim upon
request.
(j) (I) Notwithstanding any other provision in this section, sexual
offense evidence shall not continue to be stored where: [(i)] (A) such
evidence is not privileged and law enforcement requests its release, in
which case the [custodian(s)] CUSTODIAN OR CUSTODIANS shall comply with
such request; or [(ii)] (B) such evidence is privileged and either [(A)]
(1) the alleged sexual offense victim gives permission to release the
evidence to law enforcement, UPON WHICH THE HOSPITAL COLLECTING SUCH
EVIDENCE MUST RECORD THE COLLECTION OF SUCH EVIDENCE IN THE ELECTRONIC
TRACKING SYSTEM AND NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN
FORTY-EIGHT HOURS AND LAW ENFORCEMENT MUST RETRIEVE THE EVIDENCE WITHIN
TEN DAYS OF SUCH NOTICE AND REPORT SUCH EVIDENCE IN THE STATEWIDE ELEC-
TRONIC TRACKING SYSTEM PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION, or
[(B)] (2) the alleged sexual offense victim signs a statement directing
the [custodian(s)] CUSTODIAN OR CUSTODIANS to dispose of the evidence,
in which case the sexual offense evidence will be discarded in compli-
ance with state and local health codes. WHERE THE ALLEGED SEXUAL
OFFENSE VICTIM IS UNDER THE AGE OF EIGHTEEN, A VULNERABLE ELDERLY
PERSON, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON AS DEFINED IN
SECTION 260.31 OF THE PENAL LAW, THE OFFICE OF VICTIM SERVICES SHALL NOT
DESTROY SEXUAL OFFENSE EVIDENCE AT THE DIRECTION OF A PARENT, GUARDIAN,
CONSERVATOR, OR OTHER PARTY.
(II) WHERE THE ALLEGED SEXUAL OFFENSE VICTIM IS UNDER THE AGE OF EIGH-
TEEN AND HAD CAPACITY TO INDEPENDENTLY CONSENT TO A FORENSIC RAPE EXAM,
SUCH VICTIM MAY INDEPENDENTLY REQUEST THE DESTRUCTION OF SEXUAL OFFENSE
EVIDENCE OR MAY INDEPENDENTLY MAKE DECISIONS IMPACTING THE STATUS OF
THEIR KIT AS "REPORTED" OR "UNREPORTED" AS DEFINED IN SUBPARAGRAPHS
THREE AND FOUR OF PARAGRAPH (G) OF SUBDIVISION EIGHT OF THIS SECTION.
(K) WHERE THE ALLEGED SEXUAL OFFENSE VICTIM WAS UNDER THE AGE OF EIGH-
TEEN AT THE TIME OF THE ALLEGED SEXUAL OFFENSE, THE OFFICE OF VICTIM
SERVICES SHALL, UPON THE VICTIM'S EIGHTEENTH BIRTHDAY, MAKE DILIGENT
EFFORTS TO CONTACT THE ALLEGED SEXUAL OFFENSE VICTIM AND PROVIDE INFOR-
MATION DESCRIBED IN SECTION SIX HUNDRED FORTY-ONE OF THE EXECUTIVE LAW
AND SUBPARAGRAPHS ONE, FIVE, SIX, SEVEN AND EIGHT OF PARAGRAPH (A) OF
SUBDIVISION SIX OF THIS SECTION.
§ 2. Paragraph (j) of subdivision 2 of section 2805-i of the public
health law, as amended by chapter 47 of the laws of 2026, is amended to
read as follows:
(j) (I) Notwithstanding any other provision in this section, sexual
offense evidence shall not continue to be stored where: [(i)] (A) such
evidence is not privileged and law enforcement requests its release, in
which case the custodian or custodians shall comply with such request;
or [(ii)] (B) such evidence is privileged and either [(A)] (1) the
alleged sexual offense victim gives permission to release the evidence
to law enforcement, upon which the hospital collecting such evidence
must record the collection of such evidence in the electronic tracking
system and notify the appropriate law enforcement agency within forty-
eight hours and law enforcement must retrieve the evidence within ten
days of such notice and report such evidence in the statewide electronic
tracking system pursuant to subdivision eight of this section, or [(B)]
(2) the alleged sexual offense victim signs a statement directing the
S. 9585 3
custodian or custodians to dispose of the evidence, in which case the
sexual offense evidence will be discarded in compliance with state and
local health codes. WHERE THE ALLEGED SEXUAL OFFENSE VICTIM IS UNDER
THE AGE OF EIGHTEEN, A VULNERABLE ELDERLY PERSON, OR AN INCOMPETENT OR
PHYSICALLY DISABLED PERSON AS DEFINED IN SECTION 260.31 OF THE PENAL
LAW, THE OFFICE OF VICTIM SERVICES SHALL NOT DESTROY SEXUAL OFFENSE
EVIDENCE AT THE DIRECTION OF A PARENT, GUARDIAN, CONSERVATOR, OR OTHER
PARTY.
(II) WHERE THE ALLEGED SEXUAL OFFENSE VICTIM IS UNDER THE AGE OF EIGH-
TEEN AND HAD CAPACITY TO INDEPENDENTLY CONSENT TO A FORENSIC RAPE EXAM,
SUCH VICTIM MAY INDEPENDENTLY REQUEST THE DESTRUCTION OF SEXUAL OFFENSE
EVIDENCE OR MAY INDEPENDENTLY MAKE DECISIONS IMPACTING THE STATUS OF
THEIR KIT AS "REPORTED" OR "UNREPORTED" AS DEFINED IN SUBPARAGRAPHS
THREE AND FOUR OF PARAGRAPH (G) OF SUBDIVISION EIGHT OF THIS SECTION.
§ 3. Subparagraph 6 of paragraph (a) of subdivision 6 of section
2805-i of the public health law, as added by chapter 407 of the laws of
2018, is amended to read as follows:
(6) be notified between thirty and ten days prior to the transfer of a
sexual offense evidence kit from the hospital to another storage facili-
ty in accordance with paragraph (h) of subdivision two of this section,
the right to have a sexual offense evidence kit maintained at an appro-
priate storage facility for twenty years from the date of collection OR
UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER, the right, if
not previously consented to, to consent to release the evidence to law
enforcement at any time during the twenty years from collection, and the
right to be notified by such facility at least ninety days prior to the
expiration of the twenty-year storage period in accordance with para-
graph [(k)] (I) of subdivision two of this section; and
§ 4. Subdivision 7 of section 2805-i of the public health law, as
added by chapter 1 of the laws of 2000 and as renumbered by chapter 407
of the laws of 2018, is amended to read as follows:
7. [On or before November thirtieth, two thousand two, the commission-
er shall make a report to the governor, the temporary president of the
senate and the speaker of the assembly concerning the sexual assault
forensic examiner program established under subdivision four-b of this
section. Such report shall include an evaluation of the efficacy of such
program in obtaining useful forensic evidence in sexual offense cases
and assuring quality treatment to sex offense victims. Such report shall
also recommend whether this program should be expanded and shall esti-
mate the financial cost, if any, of such expansion.] (A) THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE OFFICE OF VICTIM SERVICES, IN CONSUL-
TATION WITH THE DIVISION OF STATE POLICE FORENSIC INVESTIGATIONS CENTER
AND THE DEPARTMENT, SHALL CONVENE A WORKING GROUP TO:
(1) ADDRESS THE CREATION OF A COORDINATED TRACKING SYSTEM FOR SEXUAL
OFFENSE EVIDENCE KITS;
(2) ASSESS AND MAKE RECOMMENDATIONS RELATED TO THE FORENSIC TESTING OF
SEXUAL OFFENSE EVIDENCE COLLECTION KITS WHEN A SURVIVOR DECLINES TO
REPORT TO LAW ENFORCEMENT; AND
(3) MAKE RECOMMENDATIONS TO STRENGTHEN EXISTING SEXUAL OFFENSE
EVIDENCE COLLECTION AND TESTING FOR ALL SEXUAL OFFENSE EVIDENCE KITS.
(B) THE WORKING GROUP SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX.
§ 5. Subdivision 8 of section 2805-i of the public health law, as
amended by chapter 31 of the laws of 2023, is amended to read as
follows:
S. 9585 4
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 a statewide electronic tracking system for REPORTED 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 promulgate rules
and guidelines to ensure that sexual assault evidence collection kits
[that are submitted to the custody of law enforcement] are trackable on
a statewide electronic tracking system developed pursuant to this subdi-
vision, and that survivors are given notice of how they may track their
own [sexual assault] REPORTED evidence collection kit [after it has been
submitted to the custody of law enforcement]. SUCH RULES AND GUIDELINES
SHALL REQUIRE THAT (I) HOSPITALS COLLECTING EVIDENCE COLLECTION KITS
RECORD THE COLLECTION OF ANY REPORTED EVIDENCE COLLECTION KITS IN THE
ELECTRONIC TRACKING SYSTEM AND NOTIFY THE APPROPRIATE LAW ENFORCEMENT
AGENCY WITHIN FORTY-EIGHT HOURS OF SUCH COLLECTION, AND (II) LAW
ENFORCEMENT RETRIEVE ANY REPORTED EVIDENCE COLLECTION KIT FROM A HOSPI-
TAL WITHIN SEVEN DAYS OF BEING NOTIFIED BY A HOSPITAL THAT A REPORTED
EVIDENCE COLLECTION KIT HAS BEEN COLLECTED. Any HOSPITAL, law enforce-
ment agency, forensic laboratory, or prosecutor that has taken custody
of an evidence collection kit used for a forensic medical examination
shall comply with the established protocols, rules and guidelines estab-
lished 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 REPORTED evidence collection
kit [after such kit has been submitted to the custody of law enforce-
ment] FROM COLLECTION TO FINAL DISPOSITION;
(2) Allow a HOSPITAL, 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] A REPORTED evidence collection kit, to update and track the status
and location of the REPORTED EVIDENCE COLLECTION 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 REPORTED evidence collection
kit [that has been submitted to the custody of law enforcement.]; AND
(4) INCORPORATE ANY RELEVANT FINDINGS FROM THE WORKING GROUP REFER-
ENCED IN SUBDIVISION SEVEN OF THIS SECTION.
(d) No later than [January] DECEMBER first, two thousand [twenty-five]
TWENTY-SEVEN, any HOSPITAL, 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] A REPORTED 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 track-
ing information through the statewide electronic tracking system.
(e) Records entered into the tracking system are confidential.
Records relating to [an] A REPORTED evidence collection kit shall be
accessed only by the survivor for whom the REPORTED evidence collection
kit was completed.
S. 9585 5
(f) The provisions of this subdivision shall apply to all REPORTED
evidence collection kits submitted prior to, on, or after the effective
date of this subdivision.
(g) For purposes of this section:
(1) "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]
(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 examination[.];
(3) "REPORTED EVIDENCE COLLECTION KIT" MEANS A SEXUAL ASSAULT EVIDENCE
KIT IN WHICH THE SURVIVOR HAS CONSENTED TO EVIDENCE COLLECTION AND
FORENSIC TESTING; AND
(4) "UNREPORTED EVIDENCE COLLECTION KIT" MEANS A SEXUAL OFFENSE
EVIDENCE COLLECTION KIT FOR WHICH THE SURVIVOR HAS NOT CONSENTED OR HAS
WITHDRAWN CONSENT TO EITHER FORENSIC TESTING OR REPORTING TO LAW
ENFORCEMENT.
§ 6. Subdivision 8 of section 2805-i of the public health law, as
amended by chapter 47 of the laws of 2026, 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 a statewide electronic tracking system for reported evidence
collection kits used to collect and preserve evidence of a sexual
assault or other sex offense. [Such statewide electronic tracking system
shall not include unreported evidence collection kits, provided, howev-
er, that any unreported evidence collection kits released by the office
of victim services to law enforcement pursuant to clause (A) of subpara-
graph (ii) of paragraph (j) of subdivision two of this section shall
then be designated as reported evidence collection kits subject to the
tracking requirements set forth in this subdivision.]
(b) The division of criminal justice services shall promulgate rules
and guidelines to ensure that sexual offense evidence collection kits
are trackable on a statewide electronic tracking system developed pursu-
ant to this subdivision, and that survivors are given notice of how they
may track their own reported evidence collection kit. Any law enforce-
ment agency, forensic laboratory, or prosecutor that has taken custody
of an evidence collection kit used for a forensic medical examination
shall comply with the established protocols, rules and guidelines estab-
lished 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 reported evidence collection
kit from collection to final disposition;
(2) Allow a hospital, 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 a
reported evidence collection kit, to update and track the status and
location of the reported evidence collection kits; [and]
(3) Allow a survivor to anonymously track or receive updates regarding
the status and location of such survivor's reported evidence collection
kit[.]; AND
(4) INCORPORATE ANY RELEVANT FINDINGS FROM THE WORKING GROUP REFER-
ENCED IN SUBDIVISION SEVEN OF THIS SECTION.
S. 9585 6
(d) No later than [January] DECEMBER first, two thousand [twenty-five]
TWENTY-SEVEN, any hospital, 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 a reported 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 track-
ing information through the statewide electronic tracking system.
(e) Records entered into the tracking system are confidential. Records
relating to a reported evidence collection kit shall be accessed only by
the survivor for whom the reported evidence collection kit was
completed.
(f) The provisions of this subdivision shall apply to all reported
evidence collection kits submitted prior to, on, or after the effective
date of this subdivision.
(g) For purposes of this section:
(1) "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;
(2) "survivor" shall mean an individual who is the victim of a sexual
offense from whom a human biological specimen or specimens were
collected by a healthcare provider during a forensic medical examina-
tion;
(3) "reported evidence collection kit" means a sexual offense evidence
kit in which the survivor has consented to evidence collection and
[reporting the sexual assault or other sex offense to law enforcement]
FORENSIC TESTING; and
(4) "unreported evidence collection kit" means a sexual offense
evidence collection kit for which the survivor has not consented to or
withdraws their consent to release to law enforcement.
§ 7. This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall take effect on the five
hundred forty-fifth day after it shall have become a law; provided
further, however, that if chapter 47 of the laws of 2026 shall not have
taken effect on or before such dates then sections two and six of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2026, takes effect.
