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This entry was published on 2019-06-21
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SECTION 838-B
Victim's right to notice
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 838-b. Victim's right to notice. Each police agency, prosecutorial
agency and other law enforcement agency with jurisdiction over a sexual
offense shall, upon request of the victim who has consented to report
such offense to law enforcement, provide the sexual offense victim with
notice of the date and location at which sexual offense evidence
collected or received from such victim is assessed for CODIS eligibility
and analyzed, whether a CODIS eligible profile was developed and whether
or not a DNA match was identified, provided, however, that the police
agency, prosecutorial agency or other law enforcement agency serving the
jurisdiction may temporarily delay release of such DNA match information
to the victim, prior to the arrest of a suspect alleged to have
committed such offense, if such agency documents in writing and notifies
the victim that release of such information would compromise the
successful investigation of such sexual offense. The police or
prosecutorial agency or other law enforcement agency in possession of a
sexual offense evidence kit shall notify the sexual offense victim at
least ninety days prior to the expiration of the twenty-year storage
period in accordance with paragraph (k) of subdivision two of section
twenty-eight hundred five-i of the public health law.