S T A T E   O F   N E W   Y O R K
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                                  6619

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2015
                               ___________

Introduced  by  M.  of  A.  PALMESANO  --  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:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  UNTESTED SEXUAL OFFENSE EVIDENCE KIT COLLECTION REPORT.  1.
AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE  THE  FOLLOWING  MEAN-
INGS:
  (A)  "FORENSIC MEDICAL EXAMINATION" SHALL MEAN AN EXAMINATION PROVIDED
TO THE VICTIM OF A SEXUAL OFFENSE BY A  HEALTH  CARE  PROVIDER  FOR  THE
PURPOSE OF GATHERING AND PRESERVING EVIDENCE OF A SEXUAL OFFENSE FOR USE
IN A COURT OF LAW;
  (B)  "SEXUAL  OFFENSE  EVIDENCE  COLLECTION  KIT"  SHALL  MEAN A HUMAN
BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY  A  HEALTH  CARE  PROVIDER
DURING  A  FORENSIC  MEDICAL  EXAMINATION  FROM  THE  VICTIM OF A SEXUAL
OFFENSE; AND
  (C) "UNTESTED SEXUAL OFFENSE EVIDENCE COLLECTION  KIT"  SHALL  MEAN  A
SEXUAL  OFFENSE  EVIDENCE  COLLECTION KIT THAT HAS NOT BEEN SUBMITTED TO
THE NEW YORK STATE POLICE LABORATORY OR A SIMILAR  QUALIFIED  LABORATORY
FOR EITHER A SEROLOGY OR DEOXYRIBONUCLEIC ACID (DNA) TEST.
  2.  BY THE FIRST OF NOVEMBER, TWO THOUSAND FIFTEEN, AND EVERY FIRST OF
NOVEMBER  THEREAFTER,  ALL  LAW  ENFORCEMENT  AGENCIES  AND  DEPARTMENTS
CHARGED WITH THE MAINTENANCE, STORAGE AND PRESERVATION OF SEXUAL OFFENSE
EVIDENCE  COLLECTION  KITS  SHALL  CONDUCT AN INVENTORY OF ALL SUCH KITS
BEING STORED BY THE AGENCY OR DEPARTMENT.
  3. BY THE FIRST OF NOVEMBER, TWO THOUSAND FIFTEEN, AND EVERY FIRST  OF
NOVEMBER THEREAFTER, EACH LAW ENFORCEMENT AGENCY SHALL COMPILE, IN WRIT-
ING,  A REPORT CONTAINING THE NUMBER OF UNTESTED SEXUAL OFFENSE EVIDENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09896-01-5
              

A. 6619                             2

COLLECTION KITS IN THE POSSESSION OF THE AGENCY OR  DEPARTMENT  AND  THE
DATE  THE SEXUAL OFFENSE EVIDENCE KIT WAS COLLECTED. THE REPORT SHALL BE
TRANSMITTED TO THE DIVISION.
  4.  BY  THE FIRST OF JANUARY, TWO THOUSAND SIXTEEN, AND EVERY FIRST OF
JANUARY THEREAFTER, THE DIVISION SHALL PREPARE AND TRANSMIT A REPORT  TO
THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY CONTAINING THE NUMBER OF UNTESTED SEXUAL  OFFENSE  EVIDENCE
COLLECTIONS  KITS  BEING  STORED BY EACH COUNTY, BY EACH LAW ENFORCEMENT
AGENCY OR DEPARTMENT, AND THE DATE THE UNTESTED KIT WAS COLLECTED.
  S 2. This act shall take effect immediately.