Relates to reports on untested sexual offense evidence collection kits; requires law enforcement agencies to report to the division of criminal justice services on the number of tested and untested sexual offense evidence collection kits; requires the division to report on the results of such report to the legislature.
STATE OF NEW YORK
________________________________________________________________________
4513
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to reports on untested
sexual offense evidence collection kits
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 837-t
2 to read as follows:
3 § 837-t. Untested sexual offense evidence collection kit reports. 1.
4 As used in this section, the following terms shall have the following
5 meanings:
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 July first, two thousand seventeen, and every first of July
19 thereafter, all law enforcement agencies responsible for the taking and
20 processing of sexual offense evidence collection kits shall conduct an
21 inventory of all such kits being stored by the agency and report all of
22 the following to the division:
23 (a) the number of sexual offense evidence collection kits the law
24 enforcement agency collects;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02307-01-7
S. 4513 2
1 (b) the number of sexual offense evidence collection kits that are
2 tested; and
3 (c) the number of untested sexual offense evidence collection kits and
4 the reason such kits remain untested.
5 3. By the first of January, two thousand eighteen, and every first of
6 January thereafter, the division shall prepare and transmit a report to
7 the appropriate policy committees of the legislature summarizing the
8 information the division receives pursuant to subdivision two of this
9 section.
10 § 2. This act shall take effect immediately.
