Requires law enforcement agencies to conduct an inventory of all untested sexual offense evidence collection kits; requires a report to the legislature and the governor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5188
SPONSOR: Palmesano (MS) TITLE OF BILL:
An act to amend the executive law, in relation to untested sexual
offense evidence kit collection reports
PURPOSE OR GENERAL IDEA OF BILL:
Directs the Division of Criminal Justice Services to report the number
of untested sexual offense evidence collection kits (rape kits) being
stored by law enforcement agencies to the Governor and to the Legisla-
ture.
SUMMARY OF PROVISIONS:
Section 1: Adds a new Section 837-S to the Executive Law as if relates
to the functions, powers and duties of the Division of Criminal Justice
Services (DCJS). Defines (a) forensic medical examination;
(b) sexual offense evidence collection kit; and (c) untested sexual
offense evidence collection kit. Requires all law enforcement agencies
and departments charged with the maintenance, storage, and preservation
of sexual offense evidence collection kits (rape kits) to conduct an
inventory of all such kits being stored by each agency or department on
an annual basis. Requires each agency to compile in writing, a report of
the number of untested rape kits in their possession and the date each
rape kit was collected and transmit this information to DCJS annually.
Requires DCJS to prepare and transmit an annual report containing the
number of untested rape kits being stored by each county, by each law
enforcement agency or department and the date the untested kit was
collected.
Section 2: Effective date.
JUSTIFICATION:
The sexual offense evidence collection kit was developed to create a
standard protocol for hospital personnel to follow in the collection of
sexual assault evidence. DCJS distributes these rape kits to hospitals,
free of charge, to assist medical professionals in obtaining and
preserving this evidence. Victims, in turn authorize the release of the
rape kit to law enforcement and prosecution personnel. When tested, DNA
evidence contained inside rape kits can be a powerful tool to solve and
prevent crime. It can identify an unknown assailant and confirm the
identity of a known suspect. It can affirm the survivor's account of the
attack and discredit the suspect. It can connect the suspect to other
crime scenes. It can exonerate innocent suspects.
The federal Government has estimated there to be 100,000 untested rape
kits in police and crime lab storage facilities throughout the country.
However, few states and no federal agencies track rape kit data.
According to endthebacklog.com, the rape kit backlog comprises two
distinct but related problems. The first exists in police evidence stor-
age facilities, where rape kits are booked into evidence, but law
enforcement and/or prosecutor do not request DNA analysis for reasons
including the lack of resources, the likelihood of the case moving
forward and whether the identity of the perpetrator is known. The second
backlog exists in crime lab facilities, where rape kits are submitted
for testing, but are awaiting DNA analysis and have not been tested in a
timely manner.
DCJS has reported that the evidence collection kit backlog that once
existed in New York State laboratories has been eliminated. However,
DCJS does not track the number of untested rape kits in law enforce-
ment's possession since rape kit processing is handled locally with each
police department keeping track of its rape kits and testing done by
those police department's respective forensic laboratories.
This bill requires law enforcement to inventory the number of untested
rape kits in their custody and the date each rape kit was collected to
DCJS. DCJS must then report this information to the Governor and to the
Legislature in order to determine whether a backlog of untested rape
kits does exist which may necessitate the need for additional reform.
Recently, Illinois, Texas, Ohio and Colorado enacted legislation requir-
ing law enforcement agencies to provide an inventory of their untested
kits and then submit those kits to a crime lab for analysis within a
specified time period, if sufficient personnel and resources are avail-
able.
PRIOR LEGISLATIVE HISTORY:
2022 - A.5048 - held for consideration in Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined. However, in 2014, Congress approved $41 million to help
reduce the backlog and the Bureau of Justice Assistance is currently
accepting applications for the Sexual Assault Kit Initiative (SAKI)
grants. In addition, Manhattan District Attorney Cyrus Vance announced
that New York would pledge $35 million in civil asset forfeiture funds
to address states' backlog problem.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5188
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. PALMESANO, BLANKENBUSH, BRABENEC, DiPIETRO,
FRIEND, J. M. GIGLIO, HAWLEY, MORINELLO, TAGUE -- Multi-Sponsored by
-- M. of A. BARCLAY, BYRNES, McDONOUGH, MIKULIN, MILLER, REILLY --
read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to untested sexual
offense evidence kit collection reports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 838-c
2 to read as follows:
3 § 838-c. Untested sexual offense evidence kit collection report. 1.
4 As used in this section, the following terms have the following mean-
5 ings:
6 (a) "Forensic medical examination" shall mean an examination provided
7 to the victim of a sexual offense by a health care provider for the
8 purpose of gathering and preserving evidence of a sexual offense for use
9 in a court of law;
10 (b) "Sexual offense evidence collection kit" shall mean a human
11 biological specimen or specimens collected by a health care provider
12 during a forensic medical examination from the victim of a sexual
13 offense; and
14 (c) "Untested sexual offense evidence collection kit" shall mean a
15 sexual offense evidence collection kit that has not been submitted to
16 the New York state police laboratory or a similar qualified laboratory
17 for either a serology or deoxyribonucleic acid (DNA) test.
18 2. By the first of November, two thousand twenty-three, and every
19 first of November thereafter, all law enforcement agencies and depart-
20 ments charged with the maintenance, storage and preservation of sexual
21 offense evidence collection kits shall conduct an inventory of all such
22 kits being stored by the agency or department.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08465-01-3
A. 5188 2
1 3. By the first of November, two thousand twenty-three, and every
2 first of November thereafter, each law enforcement agency shall compile,
3 in writing, a report containing the number of untested sexual offense
4 evidence collection kits in the possession of the agency or department
5 and the date the sexual offense evidence kit was collected. The report
6 shall be transmitted to the division.
7 4. By the first of January, two thousand twenty-four, and every first
8 of January thereafter, the division shall prepare and transmit a report
9 to the governor, the temporary president of the senate and the speaker
10 of the assembly containing the number of untested sexual offense
11 evidence collections kits being stored by each county, by each law
12 enforcement agency or department, and the date the untested kit was
13 collected.
14 § 2. This act shall take effect immediately.
