Prohibits the 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.
STATE OF NEW YORK
________________________________________________________________________
6661--A
2023-2024 Regular Sessions
IN ASSEMBLY
April 26, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to prohibiting the
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:
1 Section 1. The executive law is amended by adding a new section 838-c
2 to read as follows:
3 § 838-c. Disclosure of a sexual assault victim's DNA or RNA evidence.
4 1. No person, including a police officer or peace officer, a public
5 officer or public employee, or an employee or agent of a hospital or a
6 criminal or private testing facility or laboratory, shall:
7 (a) enter into any international, federal, state or municipal criminal
8 database evidence of a sexual assault victim's deoxyribonucleic acid
9 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained
10 during the investigation of an offense described in article one hundred
11 thirty of the penal law or treatment of the sexual assault victim
12 following the commission of an offense described in article one hundred
13 thirty of the penal law; or
14 (b) access or utilize evidence of a sexual assault victim's DNA
15 profile or RNA profile that was obtained as described in paragraph (a)
16 of this subdivision during an investigation or prosecution of the sexual
17 assault victim for any offense or attempt to commit an offense uncon-
18 nected to the sexual assault, regardless of when such offense or attempt
19 to commit the offense occurred.
20 2. Nothing in this section shall prohibit the inclusion of a sexual
21 assault victim's DNA or RNA evidence:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10843-02-4
A. 6661--A 2
1 (a) in a non-criminal missing persons database; or
2 (b) in a criminal database if the sexual assault victim, or the
3 victim's parent, guardian or legal representative consents to the inclu-
4 sion in writing.
5 § 2. The criminal procedure law is amended by adding a new section
6 60.77 to read as follows:
7 § 60.77 Rules of evidence; use of a sexual assault victim's DNA or RNA
8 evidence in certain cases.
9 1. Evidence of a sexual assault victim's deoxyribonucleic acid
10 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained
11 during the investigation of an offense described in article one hundred
12 thirty of the penal law or treatment of the sexual assault victim
13 following the commission of an offense described in article one hundred
14 thirty of the penal law shall not be admissible in a prosecution of the
15 victim for any offense or an attempt to commit an offense unrelated to
16 the sexual assault, regardless of when such offense or attempt to commit
17 the offense occurred.
18 2. Evidence that resulted from a violation of subdivision one of
19 section 838-c of the executive law (disclosure of a sexual assault
20 victim's DNA or RNA evidence) shall not be admissible in a prosecution
21 of the sexual assault victim for any offense or an attempt to commit an
22 offense unrelated to the sexual assault, regardless of when such offense
23 or attempt to commit the offense occurred. Any such evidence shall be
24 ordered by the court to be sealed.
25 § 3. This act shall take effect on the thirtieth day after it shall
26 have become a law.
