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.
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.
