NY State Senate Bill 2015-S1455B

Senate Bill S1455B

2015-2016 Legislative Session

Relates to the processing of evidence related to sexual offenses and the inclusion of such results in the state DNA identification index

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2016	print number 1455b
Feb 03, 2016	amend (t) and recommit to finance
Jan 06, 2016	referred to finance
Feb 25, 2015	print number 1455a
Feb 25, 2015	amend and recommit to finance
Jan 12, 2015	referred to finance

Bill Amendments

Original

B (Active)

2015-S1455 - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995, 995-b, 995-d, 995-e, 995-f & 995-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6145, A8150
2017-2018: S6238, A3597
2019-2020: S4963
2021-2022: S4949
2023-2024: S735

2015-S1455 - Summary

Relates to the processing of evidence related to sexual offenses and the inclusion of such results in the state DNA identification index.

2015-S1455 - Sponsor Memo

                                BILL NUMBER:S1455

TITLE OF BILL:  An act to amend the executive law, in relation to
establishing the state sexual offense forensic evidence index and the
processing of evidence related to sexual offenses

PURPOSE:

This legislation establishes the computerized state sexual offense
forensic evidence index and requires any sexual offense forensic
evidence to be collected and forwarded to any forensic DNA laboratory
for testing within the established time frame.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends subdivisions 2 and 9 of section 995 of
the Executive Law and adds a new subdivision 11 to that section.
Subdivision 2 allows forensic DNA laboratory to perform forensic
testing on evidence of sexual offense. Subdivision 9 allows DNA
subcommittee to conduct sexual offense forensic evidence testing. A
new subdivision 11 adds "state sexual offense forensic evidence index"
as the sexual offense forensic evidence record system for New York
pursuant to this article.

Section 2 of this bill amends paragraph (b) of subdivision 2 of
section 995-b of the Executive Law is amended to provide that forensic

analyses including forensic DNA testing and sexual offense forensic
evidence testing are performed in accordance with the highest
scientific standards practicable.

Section 3 of this bill amends subdivisions 7, 9, 10, 11, 12 and 13 of
section 995-b of the Executive Law, are amended as follows: In
subdivision 7, he commission and DNA subcommittee may establish,
appoint, and set terms of members to provide specialized expertise
with respect to new forensic technologies including DNA testing
methodologies and sexual offense forensic evidence testing
methodologies. Subdivision 9 permits the Division of Criminal Justice
Services to promulgate a policy for the establishment and operation of
a sexual offense forensic evidence index. Subdivision 10 allows
reviews and modifications to a plan for the State sexual offense
forensic evidence index. Subdivision 11 allows the Commission to
designate one or more approved methodologies fox the performance of
sexual assault forensic evidence. Subdivision 12 promulgates standards
for a determination of a match between the DNA records contained in
the state sexual offense forensic evidence index.  Subdivision 13
allows the DNA subcommittee to assess and evaluate all sexual offense
forensic evidence methodologies for forensic analysis.

Section 4 of this bill amends section 995-d of the Executive Law to
require all records, findings, reports, and results of sexual offense
forensic evidence testing shall be confidential.

Section 5 of this bill amends section 995-e of the Executive Law to
provide that this article shall not apply to any sexual offense
forensic evidence test performed by any agency of the federal
government.


Section 6 of this bill amends section 995-f of the Executive Law to
provide that any person who intentionally discloses the result of a
sexual offense forensic evidence test of analysis without lawful
authority shall be guilty of a class E felony,

Section 7 of this bill amends the Executive Law by adding a new
section 995-g that provides that the Commissioner of the Division of
Criminal Justice Services is authorized to promulgate a plan for the
establishment of a computerized state sexual forensic evidence index.
Any sexual offense forensic evidence shall be collected, stored and
forwarded to any forensic DNA laboratory. Such laboratory shall
perform testing and analysis within ten business days of collection.
Sexual offense forensic evidence that has been backlogged shall be
forwarded to any forensic DNA laboratory by August 1, 2016.

Section 8 of this bill provides that this act shall take effect on
June 1, 2016.

JUSTIFICATION:

In New York State, forensic evidence collected as part of a sexual
assault investigation is not automatically tested or processed, but
instead can be stored for an indefinite amount of time. In some cases,
this can result in a wait of years, or even decades, before a rape kit
is processed, if it is processed at all. This delay in testing rape
kits can cause a delay in justice for the rape victim.

Detroit, Michigan, had a rape kit backlog of over 11,000 kits in 2009.
When Detroit made a concerted effort to reduce this backlog, within
the first 153 rape kits tested, 20 serial rapists were discovered. If
the rape kits had been entered sooner, it is possible that those.
Rapists would have been caught after the first rape and subsequent
rapes could have been prevented. New York City has a policy of testing
every rape kit collected. After this policy was enacted, the arrest
rate for rape skyrocketed from 40 percent to 70 percent of reported
cases.

Collecting a rape kit is a lengthy and invasive process, undergone by
the victim with the expectation that the kit will be processed. When
evidence in a rape is not tested, rape victims feel as though they are
not being taken seriously; this may discourage other rape victims from
corning forward. If a policy of testing every rape kit is adopted,
more sexual assaults may be reported, resulting in an increased amount
of evidence and prosecution for this heinous crime.

LEGISLATIVE HISTORY:

2014: S.6145 - Referred to Finance

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on June 1, 2016.

2015-S1455 - Bill Text download pdf

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

                                  1455

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 establishing the state
  sexual offense forensic evidence index and the processing of  evidence
  related to sexual offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 9 of section 995 of the  executive  law,
as  added  by  chapter  737  of  the laws of 1994, are amended and a new
subdivision 11 is added to read as follows:
  2. For purposes of forensic DNA analysis, the term "forensic DNA labo-
ratory" shall mean any forensic laboratory operated by the state or unit
of local government, that performs forensic DNA testing on crime scenes,
FORENSIC TESTING ON EVIDENCE OF SEXUAL  OFFENSES  or  materials  derived
from  the human body for use as evidence in a criminal proceeding or for
purposes of identification and the term  "forensic  DNA  testing"  shall
mean  any  test that employs techniques to examine deoxyribonucleic acid
(DNA) derived from the human body for the purpose of providing  informa-
tion  to  resolve issues of identification.  Regulation pursuant to this
article shall not include DNA testing  on  materials  derived  from  the
human  body  pursuant to title five of article five of the public health
law for the purpose of determining a person's genetic disease or medical
condition and shall not include a laboratory  operated  by  the  federal
government.
  9.  "DNA  subcommittee"  shall  mean  the subcommittee on forensic DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-
ing established pursuant to subdivision thirteen of section nine hundred
ninety-five-b of this article.
  11. "STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX"  MEANS  THE  SEXUAL
OFFENSE  FORENSIC EVIDENCE RECORD SYSTEM FOR NEW YORK ESTABLISHED PURSU-
ANT TO THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00563-01-5

S. 1455                             2

  S 2. Paragraph (b) of subdivision 2 of section 995-b of the  executive
law,  as added by chapter 737 of the laws of 1994, is amended to read as
follows:
  (b)  ensure that forensic analyses, including forensic DNA testing AND
SEXUAL OFFENSE FORENSIC EVIDENCE TESTING, are  performed  in  accordance
with the highest scientific standards practicable;
  S  3.  Subdivisions  7,  9,  10, 11, 12 and 13 of section 995-b of the
executive law, as added by chapter 737 of the laws of 1994 and paragraph
(a) of subdivision 13 as amended by chapter 560 of the laws of 1999, are
amended to read as follows:
  7. The commission and DNA subcommittee may establish, appoint, and set
terms of members to as many advisory councils as it deems  necessary  to
provide  specialized  expertise  to  the  commission with respect to new
forensic technologies including DNA  testing  methodologies  AND  SEXUAL
OFFENSE FORENSIC EVIDENCE TESTING METHODOLOGIES.
  9.  After  reviewing  recommendations  from  the  division of criminal
justice services, the commission, in consultation with the  DNA  subcom-
mittee, shall promulgate a policy for the establishment and operation of
a  DNA identification index AND A SEXUAL OFFENSE FORENSIC EVIDENCE INDEX
consistent with the operational requirements  and  capabilities  of  the
division  of  criminal  justice  services. Such policy shall address the
following issues:
  (a) the forensic DNA methodology or methodologies to  be  utilized  in
compiling the [index] INDICES;
  (b)  procedures  for  assuring that the state DNA identification index
[contains] AND THE STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX  CONTAIN
the following safeguards:
  (i) that any records maintained as part of such [an index] INDICES are
accurate and complete;
  (ii)  that effective software and hardware designs are instituted with
security features to prevent unauthorized access to such records;
  (iii) that periodic audits will be conducted to ensure that no illegal
disclosures of such records have taken place;
  (iv) that access to  record  information  system  facilities,  systems
operating  environments, data file contents whether while in use or when
stored in a media library is restricted to authorized personnel only;
  (v) that operation programs  are  used  that  will  prohibit  inquiry,
record  updates, or destruction of records from any source other than an
authorized source of inquiry, update, or destruction of records;
  (vi) that operational programs are used to detect and  store  for  the
output  of  authorized employees only all unauthorized attempts to pene-
trate the state DNA identification index AND THE  STATE  SEXUAL  OFFENSE
FORENSIC EVIDENCE INDEX;
  (vii)  that  adequate  and  timely procedures exist to insure that any
subject of the state DNA  identification  index  AND  THE  STATE  SEXUAL
OFFENSE FORENSIC EVIDENCE INDEX has the right of access to and review of
records  relating  to  such individual contained in such [index] INDICES
for the purpose of ascertaining their accuracy and completeness, includ-
ing procedures for review of information maintained about such  individ-
uals  and administrative review (including procedures for administrative
appeal) and the necessary documentation to demonstrate that the informa-
tion is inaccurate or incomplete;
  (viii) that access to the [index] INDICES will be granted to an agency
authorized by this article to have such access only pursuant to a  writ-
ten  use  and dissemination agreement, a copy of which is filed with the
commission, which agreement sets forth the specific procedures by  which

S. 1455                             3

such  agency shall implement the provisions of subparagraphs (i) through
(vii) of this paragraph, as applicable, and which agreement specifically
prohibits the redisclosure by such agency of  any  information  obtained
from  the DNA identification index AND THE STATE SEXUAL OFFENSE FORENSIC
EVIDENCE INDEX; and
  (ix) such policy shall provide for the mutual exchange, use and  stor-
age of DNA records with the system of DNA identification utilized by the
federal  bureau of investigation provided that the commission determines
that such exchange, use and storage are consistent with  the  provisions
of this article and applicable provisions of law.
  10.  Review,  and if necessary, recommend modifications to, a plan for
implementation of the DNA identification  index  AND  THE  STATE  SEXUAL
OFFENSE  FORENSIC EVIDENCE INDEX submitted by the commissioner of crimi-
nal justice services pursuant to section nine hundred  ninety-five-c  of
this article.
  11. Upon the recommendation of the DNA subcommittee established pursu-
ant to subdivision thirteen of this section, the commission shall desig-
nate  one or more approved methodologies for the performance of forensic
DNA testing AND SEXUAL ASSAULT FORENSIC EVIDENCE, and shall  review  and
act  upon  applications  by  forensic  DNA  laboratories for approval to
perform forensic DNA testing.
  12. Promulgate standards for a determination of a  match  between  the
DNA  records  contained  in  the  state DNA identification index AND THE
STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX  and  a  DNA  record  of  a
person submitted for comparison therewith.
  13.  (a) The commission shall establish a subcommittee on forensic DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-
ing.  The  chair  of the subcommittee shall be appointed by the chair of
the commission. The chair of the subcommittee shall  appoint  six  other
members  to the subcommittee, one of whom shall represent the discipline
of molecular biology and be appointed upon  the  recommendation  of  the
commissioner  of  the  department of health, one of whom shall represent
the discipline of population genetics and be appointed upon  the  recom-
mendation  of  the commissioner of the department of health, one of whom
shall be representative of the discipline of  laboratory  standards  and
quality  assurance  regulation  and monitoring and be appointed upon the
recommendation of the commissioner of the department of health,  one  of
whom shall be a forensic scientist and be appointed upon the recommenda-
tion  of the commissioner of the department of health, one of whom shall
be representative of  the  discipline  of  population  genetics  and  be
appointed  upon  the  recommendation  of  the  commissioner  of criminal
justice services and one of whom shall be representative of  the  disci-
pline  of  forensic  science and be appointed upon the recommendation of
the commissioner of  criminal  justice  services.  Members  of  the  DNA
subcommittee  shall  serve  for  three  year terms and be subject to the
conditions of service specified in section nine hundred ninety-five-a of
this article.
  (b) The DNA subcommittee shall assess and evaluate all DNA AND  SEXUAL
OFFENSE FORENSIC EVIDENCE methodologies proposed to be used for forensic
analysis,  and  make reports and recommendations to the commission as it
deems necessary. The DNA subcommittee shall make binding recommendations
for adoption by the commission addressing minimum  scientific  standards
to  be  utilized  in conducting forensic DNA AND SEXUAL OFFENSE FORENSIC
EVIDENCE analysis including, but not limited to, examination  of  speci-
mens, population studies and methods employed to determine probabilities
and  interpret  test  results. The DNA subcommittee may require a demon-

S. 1455                             4

stration by an independent laboratory of any proposed  forensic  DNA  OR
SEXUAL OFFENSE FORENSIC EVIDENCE testing methodology proposed to be used
by a forensic laboratory.
  (c)  The  DNA  subcommittee  shall  make  binding  recommendations for
adoption by the commission with regard to an accreditation  program  for
laboratories   performing  forensic  DNA  AND  SEXUAL  OFFENSE  FORENSIC
EVIDENCE testing in accordance with the provisions of the state adminis-
trative procedure act. Such recommendations shall include  the  adoption
and   implementation   of  internal  and  external  proficiency  testing
programs, including, if possible, a blind external  proficiency  testing
program  for  forensic  laboratories  performing forensic DNA AND SEXUAL
OFFENSE FORENSIC EVIDENCE  testing.  The  DNA  subcommittee  shall  also
provide the commission with a list of accepted proficiency testers.
  (d)  The DNA subcommittee shall be authorized to advise the commission
on any other matters regarding the implementation of scientific controls
and quality assurance procedures for the performance of forensic DNA AND
SEXUAL OFFENSE FORENSIC  EVIDENCE  testing,  or  on  any  other  matters
referred to it by the commission.
  S  4.  Section  995-d of the executive law, as added by chapter 737 of
the laws of 1994 and subdivision 2 as amended by chapter 560 of the laws
of 1999, is amended to read as follows:
  S 995-d. Confidentiality.  1.  All  records,  findings,  reports,  and
results of DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE testing performed on
any person shall be confidential and may not be disclosed or redisclosed
without  the consent of the subject of such DNA OR SEXUAL OFFENSE FOREN-
SIC EVIDENCE testing. Such records, findings, reports and results  shall
not  be  released to insurance companies, employers or potential employ-
ers, health providers,  employment  screening  or  personnel  companies,
agencies,  or  services,  private investigation services, and may not be
disclosed in response to a subpoena or other compulsory legal process or
warrant, or upon request or order of any  agency,  authority,  division,
office,  corporation, partnership, or any other private or public entity
or person, except that nothing contained herein shall  prohibit  disclo-
sure  in  response to a subpoena issued on behalf of the subject of such
DNA OR SEXUAL OFFENSE FORENSIC EVIDENCE record or on behalf of  a  party
in  a  civil  proceeding where the subject of such DNA OR SEXUAL OFFENSE
FORENSIC EVIDENCE record has put such record in issue.
  2. Notwithstanding the provisions of subdivision one of this  section,
records, findings, reports, and results of DNA testing, other than a DNA
record  maintained  in  the  state  DNA  identification  index,  may  be
disclosed in a criminal proceeding to the court,  the  prosecution,  and
the  defense  pursuant  to a written request on a form prescribed by the
commissioner of the division of criminal  justice  services.    Notwith-
standing  the  provisions  of  subdivision one of this section, a DNA OR
SEXUAL OFFENSE FORENSIC EVIDENCE record  maintained  in  the  state  DNA
identification  index  may be disclosed pursuant to section nine hundred
ninety-five-c of this article.
  S 5. Section 995-e of the executive law, as added by  chapter  737  of
the laws of 1994, is amended to read as follows:
  S 995-e. Applicability. This article shall not apply to a forensic DNA
laboratory  operated  by any agency of the federal government, or to any
forensic DNA test OR SEXUAL OFFENSE FORENSIC EVIDENCE TEST performed  by
any such federal laboratory.
  S  6. Section 995-f of the executive law, as amended by chapter 560 of
the laws of 1999, is amended to read as follows:

S. 1455                             5

  S 995-f. Penalties. Any person who (a) intentionally discloses  a  DNA
record,  [or]  the  results  of  a forensic DNA test or analysis, OR THE
RESULT OF A SEXUAL OFFENSE FORENSIC EVIDENCE TEST  OF  ANALYSIS,  to  an
individual  or  agency  other than one authorized to have access to such
records  pursuant  to this article or (b) intentionally uses or receives
DNA records, [or] the results of a forensic DNA test or analysis, OR THE
RESULTS OF A SEXUAL OFFENSE FORENSIC  EVIDENCE  TEST  OF  ANALYSIS,  for
purposes other than those authorized pursuant to this article or (c) any
person  who  knowingly tampers or attempts to tamper with any DNA sample
[or], the collection  container  OR  SEXUAL  OFFENSE  FORENSIC  EVIDENCE
SAMPLE without lawful authority shall be guilty of a class E felony.
  S  7.  The  executive  law is amended by adding a new section 995-g to
read as follows:
  S 995-G. STATE SEXUAL OFFENSE FORENSIC EVIDENCE  INDEX.  1.  FOLLOWING
THE  PROMULGATION  OF A POLICY BY THE COMMISSION PURSUANT TO SUBDIVISION
NINE OF SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, THE  COMMIS-
SIONER  OF  CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO PROMULGATE A PLAN
FOR THE ESTABLISHMENT OF A COMPUTERIZED STATE  SEXUAL  OFFENSE  FORENSIC
EVIDENCE INDEX WITHIN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  2. FOLLOWING THE REVIEW AND APPROVAL OF THE PLAN BY THE DNA SUBCOMMIT-
TEE  AND  THE COMMISSION AND THE FILING OF SUCH PLAN WITH THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, THE COMMISSIONER
OF CRIMINAL JUSTICE SERVICES IS HEREBY AUTHORIZED TO ESTABLISH A COMPUT-
ERIZED STATE SEXUAL OFFENSE FORENSIC  EVIDENCE  INDEX  PURSUANT  TO  THE
PROVISIONS OF THIS ARTICLE.
  3.  ANY FORENSIC EVIDENCE COLLECTED OR OBTAINED IN CONNECTION WITH THE
INVESTIGATION OF A CRIME OR OFFENSE CONTAINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL  LAW MUST BE INCLUDED IN THE STATE SEXUAL OFFENSE
FORENSIC EVIDENCE INDEX PURSUANT TO THIS ARTICLE.
  4. THE SEXUAL OFFENSE FORENSIC EVIDENCE SHALL BE COLLECTED, STORED AND
FORWARDED TO ANY FORENSIC DNA LABORATORY WHICH HAS  BEEN  AUTHORIZED  BY
THE  COMMISSION  TO PERFORM SEXUAL OFFENSE FORENSIC EVIDENCE TESTING AND
ANALYSIS FOR INCLUSION IN THE STATE  SEXUAL  OFFENSE  FORENSIC  EVIDENCE
INDEX.  SUCH LABORATORY SHALL PERFORM THE REQUISITE TESTING AND ANALYSIS
WITHIN TEN BUSINESS DAYS OF COLLECTION, AND FORWARD THE RESULTING SEXUAL
OFFENSE FORENSIC EVIDENCE RECORD TO THE STATE  SEXUAL  OFFENSE  FORENSIC
EVIDENCE  INDEX  IN  ACCORDANCE  WITH THE REGULATIONS OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  5. SEXUAL OFFENSE FORENSIC EVIDENCE THAT HAS BEEN BACKLOGGED SHALL  BE
FORWARDED  TO  ANY  FORENSIC DNA LABORATORY WHICH HAS BEEN AUTHORIZED BY
THE COMMISSION TO PERFORM SEXUAL OFFENSE FORENSIC EVIDENCE  TESTING  AND
ANALYSIS FOR THE INCLUSION IN THE STATE SEXUAL OFFENSE FORENSIC EVIDENCE
INDEX  BY  AUGUST  FIRST,  TWO THOUSAND SIXTEEN.   SUCH LABORATORY SHALL
PERFORM THE REQUISITE TESTING AND ANALYSIS  WITHIN  ONE  HUNDRED  TWENTY
DAYS  OF RECEIPT OF THE SEXUAL OFFENSE FORENSIC EVIDENCE AND FORWARD THE
RESULTING SEXUAL OFFENSE FORENSIC EVIDENCE RECORD TO  THE  STATE  SEXUAL
OFFENSE  FORENSIC  EVIDENCE  INDEX IN ACCORDANCE WITH THE REGULATIONS OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  6. SEXUAL OFFENSE FORENSIC EVIDENCE RECORDS  CONTAINED  IN  THE  STATE
SEXUAL  OFFENSE  FORENSIC  EVIDENCE INDEX SHALL BE RELEASED ONLY FOR THE
FOLLOWING PURPOSES:
  (A) TO A FEDERAL LAW ENFORCEMENT AGENCY, OR TO A STATE  OR  LOCAL  LAW
ENFORCEMENT  AGENCY  OR  DISTRICT  ATTORNEY'S OFFICE FOR LAW ENFORCEMENT
IDENTIFICATION PURPOSES IN CONNECTION  WITH  THE  INVESTIGATION  OF  THE
COMMISSION OF ONE OR MORE CRIMES, PROVIDED THAT THERE EXISTS BETWEEN THE
DIVISION  AND  SUCH  AGENCY  A  WRITTEN  AGREEMENT GOVERNING THE USE AND

S. 1455                             6

DISSEMINATION OF  SUCH  SEXUAL  OFFENSE  FORENSIC  EVIDENCE  RECORDS  IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; OR
  (B) FOR CRIMINAL DEFENSE PURPOSES, TO A DEFENDANT OR HIS OR HER REPRE-
SENTATIVE,  WHO SHALL ALSO HAVE ACCESS TO SAMPLES AND ANALYSES PERFORMED
IN CONNECTION WITH THE CASE IN WHICH SUCH DEFENDANT IS CHARGED.
  7. REQUESTS FOR SEXUAL OFFENSE FORENSIC EVIDENCE RECORDS  MUST  BE  IN
WRITING,  OR  IN  A  FORM  PRESCRIBED  BY THE DIVISION AUTHORIZED BY THE
REQUESTING PARTY, AND, OTHER THAN A REQUEST PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION SIX OF THIS SECTION, MAINTAINED ON FILE AT THE STATE  SEXUAL
OFFENSE FORENSIC EVIDENCE INDEX IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED  BY  THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  8. THE DEFENDANT, INCLUDING THE REPRESENTATIVE OF A  DEFENDANT,  IN  A
CRIMINAL  ACTION  OR  PROCEEDING SHALL HAVE ACCESS TO INFORMATION IN THE
STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX RELATING TO THE  NUMBER  OF
REQUESTS  PREVIOUSLY MADE FOR A COMPARISON SEARCH AND THE NAME AND IDEN-
TITY OF ANY REQUESTING PARTY.
  S 8. This act shall take effect June 1, 2016.

2015-S1455A - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995, 995-b, 995-d, 995-e, 995-f & 995-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6145, A8150
2017-2018: S6238, A3597
2019-2020: S4963
2021-2022: S4949
2023-2024: S735

2015-S1455A - Summary

Relates to the processing of evidence related to sexual offenses and the inclusion of such results in the state DNA identification index.

2015-S1455A - Sponsor Memo

                                BILL NUMBER:S1455A

TITLE OF BILL:  An act to amend the executive law, in relation to
establishing the state sexual offense forensic evidence index and the
processing of evidence related to sexual offenses

PURPOSE:  This legislation establishes the computerized state sexual
offense forensic evidence index and requires any sexual offense
forensic evidence to be collected and forwarded to any forensic DNA
laboratory for testing within the established time frame.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivisions 2 and 9 of section 995 of
the Executive Law and adds a new subdivision 11 to that section.
Subdivision 2 allows forensic DNA laboratory to perform forensic
testing on evidence of sexual offense. Subdivision 9 allows DNA
subcommittee to conduct sexual offense forensic evidence testing. A
new subdivision 11 adds "state sexual offense forensic evidence index"
as the sexual offense forensic evidence record system for New York
pursuant to this article.

Section 2 of this bill amends paragraph (b) of subdivision 2 of
section 995-b of the Executive Law is amended to provide that forensic
analyses including forensic DNA testing and sexual offense forensic
evidence testing are performed in accordance with the highest

scientific standards practicable.

Section 3 of this bill amends subdivisions 7, 9, 10, 11, 12 and 13 of
section 995-b of the Executive Law, are amended as follows: In
subdivision 7, he commission and DNA subcommittee may establish,
appoint, and set terms of members to provide specialized expertise
with respect to new forensic technologies including DNA testing
methodologies and sexual offense forensic evidence testing
methodologies. Subdivision 9 permits the Division of Criminal Justice
Services to promulgate a policy for the establishment and operation of
a sexual offense forensic evidence index. Subdivision 10 allows
reviews and modifications to a plan for the State sexual offense
forensic evidence index. Subdivision 11 allows the Commission to
designate one or more approved methodologies fox the performance of
sexual assault forensic evidence. Subdivision 12 promulgates standards
for a determination of a match between the DNA records contained in
the state sexual offense forensic evidence index.  Subdivision 13
allows the DNA subcommittee to assess and evaluate all sexual offense
forensic evidence methodologies for forensic analysis.

Section 4 of this bill amends section 995-d of the Executive Law to
require all records, findings, reports, and results of sexual offense
forensic evidence testing shall be confidential.

Section 5 of this bill amends section 995-e of the Executive Law to
provide that this article shall not apply to any sexual offense
forensic evidence test performed by any agency of the federal
government.

Section 6 of this bill amends section 995-f of the Executive Law to
provide that any person who intentionally discloses the result of a


sexual offense forensic evidence test of analysis without lawful
authority shall be guilty of a class E felony,

Section 7 of this bill amends the Executive Law by adding a new
section 995-g that provides that a state or local enforcement agency
should do one of the following for any sexual assault forensic
evidence collected by the law enforcement agency on or after January
1, 2017: 1) submit sexual offense forensic evidence to any forensic
DNA laboratory within 30 days after it is collected and booked into
evidence in connection with a sexual assault investigation; or 2)
submit forensic evidence collected during a forensic sexual assault
examination on a victim of a sexual assault directly from the medical
facility to any forensic DNA laboratory within 10 days after the
evidence is obtained from the victim. Additionally, the forensic DNA
laboratory should do the following for any sexual assault forensic
evidence received by the law enforcement agency on or after January 1,
2017: 1) perform forensic testing on evidence of sexual offense no
later than 8 months after the receipt of all necessary evidence or
transmit the sexual offense forensic evidence to another crime lab as
soon as possible but no later than 30 days after receipt of the
evidence for processing of the evidence for the presence of DNA; or 2)
based on forensic analyses, create DNA profiles when able and update
the state sexual offense forensic evidence index no later than 8
months after receipt of all necessary evidence.

New subdivision 7 of section 995-g of the Executive Law also provides
that the victim of a sexual offense shall have access to information
regarding: 1) whether or not a sexual offense forensic evidence test
is performed by any forensic DNA laboratory; 2) whether the result of
a sexual offense evidence test of analysis was entered into the state
sexual offense forensic evidence index; and 3) whether or not there is
a match between the result of a sexual offense evidence test of
analysis and the state sexual offense forensic evidence index.

Section 8 of this bill provides that this act shall take effect on
June 1, 2016.

JUSTIFICATION:  In New York State, forensic evidence collected as part
of a sexual assault investigation is not automatically tested or
processed, but instead can be stored for an indefinite amount of time.
In some cases, this can result in a wait of years, or even decades,
before a rape kit is processed, if it is processed at all. This delay
in testing rape kits can cause a delay in justice for the rape victim.
Detroit, Michigan, had a rape kit backlog of over 11,000 kits in 2009.
When Detroit made a concerted effort to reduce this backlog, within
the first 153 rape kits tested, 20 serial rapists were discovered. If
the rape kits had been entered sooner, it is possible that those.
Rapists would have been caught after the first rape and subsequent
rapes could have been prevented. New York City has a policy of testing
every rape kit collected. After this policy was enacted, the arrest
rate for rape skyrocketed from 40 percent to 70 percent of reported
cases.

Collecting a rape kit is a lengthy and invasive process, undergone by
the victim with the expectation that the kit will be processed. When
evidence in a rape is not tested, rape victims feel as though they are
not being taken seriously; this may discourage other rape victims from


coming forward. If a policy of testing every rape kit is adopted, more
sexual assaults may be reported, resulting in an increased amount of
evidence and prosecution for this heinous crime.

LEGISLATIVE HISTORY:  2014: S.6145 - Referred to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect on June 1, 2016.

2015-S1455A - Bill Text download pdf

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

                                 1455--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to establishing the state
  sexual  offense forensic evidence index and the processing of evidence
  related to sexual offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 2 and 9 of section 995 of the executive law,
as added by chapter 737 of the laws of  1994,  are  amended  and  a  new
subdivision 11 is added to read as follows:
  2. For purposes of forensic DNA analysis, the term "forensic DNA labo-
ratory" shall mean any forensic laboratory operated by the state or unit
of local government, that performs forensic DNA testing on crime scenes,
FORENSIC  TESTING  ON  EVIDENCE  OF SEXUAL OFFENSES or materials derived
from the human body for use as evidence in a criminal proceeding or  for
purposes  of  identification  and  the term "forensic DNA testing" shall
mean any test that employs techniques to examine  deoxyribonucleic  acid
(DNA)  derived from the human body for the purpose of providing informa-
tion to resolve issues of identification.  Regulation pursuant  to  this
article  shall  not  include  DNA  testing on materials derived from the
human body pursuant to title five of article five of the  public  health
law for the purpose of determining a person's genetic disease or medical
condition  and  shall  not  include a laboratory operated by the federal
government.
  9. "DNA subcommittee" shall mean  the  subcommittee  on  forensic  DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-
ing established pursuant to subdivision thirteen of section nine hundred
ninety-five-b of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00563-03-5

S. 1455--A                          2

  11.  "STATE  SEXUAL  OFFENSE FORENSIC EVIDENCE INDEX" MEANS THE SEXUAL
OFFENSE FORENSIC EVIDENCE RECORD SYSTEM FOR NEW YORK ESTABLISHED  PURSU-
ANT TO THIS ARTICLE.
  S  2. Paragraph (b) of subdivision 2 of section 995-b of the executive
law, as added by chapter 737 of the laws of 1994, is amended to read  as
follows:
  (b)  ensure that forensic analyses, including forensic DNA testing AND
SEXUAL OFFENSE FORENSIC EVIDENCE TESTING, are  performed  in  accordance
with the highest scientific standards practicable;
  S  3.  Subdivisions  7,  9,  10, 11, 12 and 13 of section 995-b of the
executive law, as added by chapter 737 of the laws of 1994 and paragraph
(a) of subdivision 13 as amended by chapter 560 of the laws of 1999, are
amended to read as follows:
  7. The commission and DNA subcommittee may establish, appoint, and set
terms of members to as many advisory councils as it deems  necessary  to
provide  specialized  expertise  to  the  commission with respect to new
forensic technologies including DNA  testing  methodologies  AND  SEXUAL
OFFENSE FORENSIC EVIDENCE TESTING METHODOLOGIES.
  9.  After  reviewing  recommendations  from  the  division of criminal
justice services, the commission, in consultation with the  DNA  subcom-
mittee, shall promulgate a policy for the establishment and operation of
a  DNA identification index AND A SEXUAL OFFENSE FORENSIC EVIDENCE INDEX
consistent with the operational requirements  and  capabilities  of  the
division  of  criminal  justice  services. Such policy shall address the
following issues:
  (a) the forensic DNA methodology or methodologies to  be  utilized  in
compiling the [index] INDICES;
  (b)  procedures  for  assuring that the state DNA identification index
[contains] AND THE STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX  CONTAIN
the following safeguards:
  (i) that any records maintained as part of such [an index] INDICES are
accurate and complete;
  (ii)  that effective software and hardware designs are instituted with
security features to prevent unauthorized access to such records;
  (iii) that periodic audits will be conducted to ensure that no illegal
disclosures of such records have taken place;
  (iv) that access to  record  information  system  facilities,  systems
operating  environments, data file contents whether while in use or when
stored in a media library is restricted to authorized personnel only;
  (v) that operation programs  are  used  that  will  prohibit  inquiry,
record  updates, or destruction of records from any source other than an
authorized source of inquiry, update, or destruction of records;
  (vi) that operational programs are used to detect and  store  for  the
output  of  authorized employees only all unauthorized attempts to pene-
trate the state DNA identification index AND THE  STATE  SEXUAL  OFFENSE
FORENSIC EVIDENCE INDEX;
  (vii)  that  adequate  and  timely procedures exist to insure that any
subject of the state DNA  identification  index  AND  THE  STATE  SEXUAL
OFFENSE FORENSIC EVIDENCE INDEX has the right of access to and review of
records  relating  to  such individual contained in such [index] INDICES
for the purpose of ascertaining their accuracy and completeness, includ-
ing procedures for review of information maintained about such  individ-
uals  and administrative review (including procedures for administrative
appeal) and the necessary documentation to demonstrate that the informa-
tion is inaccurate or incomplete;

S. 1455--A                          3

  (viii) that access to the [index] INDICES will be granted to an agency
authorized by this article to have such access only pursuant to a  writ-
ten  use  and dissemination agreement, a copy of which is filed with the
commission, which agreement sets forth the specific procedures by  which
such  agency shall implement the provisions of subparagraphs (i) through
(vii) of this paragraph, as applicable, and which agreement specifically
prohibits the redisclosure by such agency of  any  information  obtained
from  the DNA identification index AND THE STATE SEXUAL OFFENSE FORENSIC
EVIDENCE INDEX; and
  (ix) such policy shall provide for the mutual exchange, use and  stor-
age of DNA records with the system of DNA identification utilized by the
federal  bureau of investigation provided that the commission determines
that such exchange, use and storage are consistent with  the  provisions
of this article and applicable provisions of law.
  10.  Review,  and if necessary, recommend modifications to, a plan for
implementation of the DNA identification  index  AND  THE  STATE  SEXUAL
OFFENSE  FORENSIC EVIDENCE INDEX submitted by the commissioner of crimi-
nal justice services pursuant to section nine hundred  ninety-five-c  of
this article.
  11. Upon the recommendation of the DNA subcommittee established pursu-
ant to subdivision thirteen of this section, the commission shall desig-
nate  one or more approved methodologies for the performance of forensic
DNA testing AND SEXUAL ASSAULT FORENSIC EVIDENCE, and shall  review  and
act  upon  applications  by  forensic  DNA  laboratories for approval to
perform forensic DNA testing.
  12. Promulgate standards for a determination of a  match  between  the
DNA  records  contained  in  the  state DNA identification index AND THE
STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX  and  a  DNA  record  of  a
person submitted for comparison therewith.
  13.  (a) The commission shall establish a subcommittee on forensic DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-
ing.  The  chair  of the subcommittee shall be appointed by the chair of
the commission. The chair of the subcommittee shall  appoint  six  other
members  to the subcommittee, one of whom shall represent the discipline
of molecular biology and be appointed upon  the  recommendation  of  the
commissioner  of  the  department of health, one of whom shall represent
the discipline of population genetics and be appointed upon  the  recom-
mendation  of  the commissioner of the department of health, one of whom
shall be representative of the discipline of  laboratory  standards  and
quality  assurance  regulation  and monitoring and be appointed upon the
recommendation of the commissioner of the department of health,  one  of
whom shall be a forensic scientist and be appointed upon the recommenda-
tion  of the commissioner of the department of health, one of whom shall
be representative of  the  discipline  of  population  genetics  and  be
appointed  upon  the  recommendation  of  the  commissioner  of criminal
justice services and one of whom shall be representative of  the  disci-
pline  of  forensic  science and be appointed upon the recommendation of
the commissioner of  criminal  justice  services.  Members  of  the  DNA
subcommittee  shall  serve  for  three  year terms and be subject to the
conditions of service specified in section nine hundred ninety-five-a of
this article.
  (b) The DNA subcommittee shall assess and evaluate all DNA AND  SEXUAL
OFFENSE FORENSIC EVIDENCE methodologies proposed to be used for forensic
analysis,  and  make reports and recommendations to the commission as it
deems necessary. The DNA subcommittee shall make binding recommendations
for adoption by the commission addressing minimum  scientific  standards

S. 1455--A                          4

to  be  utilized  in conducting forensic DNA AND SEXUAL OFFENSE FORENSIC
EVIDENCE analysis including, but not limited to, examination  of  speci-
mens, population studies and methods employed to determine probabilities
and  interpret  test  results. The DNA subcommittee may require a demon-
stration by an independent laboratory of any proposed  forensic  DNA  OR
SEXUAL OFFENSE FORENSIC EVIDENCE testing methodology proposed to be used
by a forensic laboratory.
  (c)  The  DNA  subcommittee  shall  make  binding  recommendations for
adoption by the commission with regard to an accreditation  program  for
laboratories   performing  forensic  DNA  AND  SEXUAL  OFFENSE  FORENSIC
EVIDENCE testing in accordance with the provisions of the state adminis-
trative procedure act. Such recommendations shall include  the  adoption
and   implementation   of  internal  and  external  proficiency  testing
programs, including, if possible, a blind external  proficiency  testing
program  for  forensic  laboratories  performing forensic DNA AND SEXUAL
OFFENSE FORENSIC EVIDENCE  testing.  The  DNA  subcommittee  shall  also
provide the commission with a list of accepted proficiency testers.
  (d)  The DNA subcommittee shall be authorized to advise the commission
on any other matters regarding the implementation of scientific controls
and quality assurance procedures for the performance of forensic DNA AND
SEXUAL OFFENSE FORENSIC  EVIDENCE  testing,  or  on  any  other  matters
referred to it by the commission.
  S  4.  Section  995-d of the executive law, as added by chapter 737 of
the laws of 1994 and subdivision 2 as amended by chapter 560 of the laws
of 1999, is amended to read as follows:
  S 995-d. Confidentiality.  1.  All  records,  findings,  reports,  and
results of DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE testing performed on
any person shall be confidential and may not be disclosed or redisclosed
without  the consent of the subject of such DNA OR SEXUAL OFFENSE FOREN-
SIC EVIDENCE testing. Such records, findings, reports and results  shall
not  be  released to insurance companies, employers or potential employ-
ers, health providers,  employment  screening  or  personnel  companies,
agencies,  or  services,  private investigation services, and may not be
disclosed in response to a subpoena or other compulsory legal process or
warrant, or upon request or order of any  agency,  authority,  division,
office,  corporation, partnership, or any other private or public entity
or person, except that nothing contained herein shall  prohibit  disclo-
sure  in  response to a subpoena issued on behalf of the subject of such
DNA OR SEXUAL OFFENSE FORENSIC EVIDENCE record or on behalf of  a  party
in  a  civil  proceeding where the subject of such DNA OR SEXUAL OFFENSE
FORENSIC EVIDENCE record has put such record in issue.
  2. Notwithstanding the provisions of subdivision one of this  section,
records, findings, reports, and results of DNA testing, other than a DNA
record  maintained  in  the  state  DNA  identification  index,  may  be
disclosed in a criminal proceeding to the court,  the  prosecution,  and
the  defense  pursuant  to a written request on a form prescribed by the
commissioner of the division of criminal  justice  services.    Notwith-
standing  the  provisions  of  subdivision one of this section, a DNA OR
SEXUAL OFFENSE FORENSIC EVIDENCE record  maintained  in  the  state  DNA
identification  index  may be disclosed pursuant to section nine hundred
ninety-five-c of this article.
  S 5. Section 995-e of the executive law, as added by  chapter  737  of
the laws of 1994, is amended to read as follows:
  S 995-e. Applicability. This article shall not apply to a forensic DNA
laboratory  operated  by any agency of the federal government, or to any

S. 1455--A                          5

forensic DNA test OR SEXUAL OFFENSE FORENSIC EVIDENCE TEST performed  by
any such federal laboratory.
  S  6. Section 995-f of the executive law, as amended by chapter 560 of
the laws of 1999, is amended to read as follows:
  S 995-f. Penalties. Any person who (a) intentionally discloses  a  DNA
record,  [or]  the  results  of  a forensic DNA test or analysis, OR THE
RESULT OF A SEXUAL OFFENSE FORENSIC EVIDENCE TEST  OF  ANALYSIS,  to  an
individual  or  agency  other than one authorized to have access to such
records pursuant to this article or (b) intentionally uses  or  receives
DNA records, [or] the results of a forensic DNA test or analysis, OR THE
RESULTS  OF  A  SEXUAL  OFFENSE  FORENSIC EVIDENCE TEST OF ANALYSIS, for
purposes other than those authorized pursuant to this article or (c) any
person who knowingly tampers or attempts to tamper with any  DNA  sample
[or],  the  collection  container  OR  SEXUAL  OFFENSE FORENSIC EVIDENCE
SAMPLE without lawful authority shall be guilty of a class E felony.
  S 7. The executive law is amended by adding a  new  section  995-g  to
read as follows:
  S  995-G.  STATE  SEXUAL OFFENSE FORENSIC EVIDENCE INDEX. 1. FOLLOWING
THE PROMULGATION OF A POLICY BY THE COMMISSION PURSUANT  TO  SUBDIVISION
NINE  OF SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, THE COMMIS-
SIONER OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO PROMULGATE  A  PLAN
FOR  THE  ESTABLISHMENT  OF A COMPUTERIZED STATE SEXUAL OFFENSE FORENSIC
EVIDENCE INDEX WITHIN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  2. FOLLOWING THE REVIEW AND APPROVAL OF THE PLAN BY THE DNA SUBCOMMIT-
TEE AND THE COMMISSION AND THE FILING OF SUCH PLAN WITH THE  SPEAKER  OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, THE COMMISSIONER
OF CRIMINAL JUSTICE SERVICES IS HEREBY AUTHORIZED TO ESTABLISH A COMPUT-
ERIZED  STATE  SEXUAL  OFFENSE  FORENSIC  EVIDENCE INDEX PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
  3. ANY FORENSIC EVIDENCE COLLECTED OR OBTAINED IN CONNECTION WITH  THE
INVESTIGATION  OF  A  CRIME  OR OFFENSE CONTAINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW MUST BE INCLUDED IN  THE  STATE  SEXUAL  OFFENSE
FORENSIC  EVIDENCE  INDEX  PURSUANT  TO THIS ARTICLE.   THIS SUBDIVISION
ABOVE DOES NOT REQUIRE A LAB TO TEST  ALL  ITEMS  OF  FORENSIC  EVIDENCE
OBTAINED  IN  A SEXUAL ASSAULT FORENSIC EVIDENCE EXAMINATION OR A SEXUAL
ASSAULT INVESTIGATION. FOR THE PURPOSE OF TIMELY  PROCESSING  OF  SEXUAL
OFFENSE  FORENSIC  EVIDENCE, THIS SUBDIVISION INTENDS TO ENSURE THAT THE
BEST EVIDENCE IS SELECTED AND ANALYZED AS SOON AS PRACTICABLE AMONG  THE
REPRESENTATIVE  SAMPLE  OF FORENSIC EVIDENCE, BASED ON THE MEDICAL EXAM-
INATION OR THE SEXUAL ASSAULT INVESTIGATION, THE COLLECTION AND  PRESER-
VATION  OF  THAT  EVIDENCE,  AND  THE  TRANSFER OF THE EVIDENCE FROM THE
MEDICAL FACILITY OR THE LAW ENFORCEMENT AGENCY TO THE FORENSIC DNA LABO-
RATORY.
  4. ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN  THE  SEXUAL
OFFENSE  FORENSIC  EVIDENCE  SHALL BE COLLECTED, STORED AND FORWARDED TO
ANY FORENSIC DNA LABORATORY WHICH HAS BEEN AUTHORIZED BY THE  COMMISSION
TO  PERFORM  SEXUAL  OFFENSE  FORENSIC EVIDENCE TESTING AND ANALYSIS FOR
INCLUSION IN THE STATE SEXUAL OFFENSE  FORENSIC  EVIDENCE  INDEX  WITHIN
THIRTY DAYS AFTER IT IS COLLECTED AND BOOKED INTO EVIDENCE IN CONNECTION
WITH  A  SEXUAL  ASSAULT  INVESTIGATION. ANY FORENSIC EVIDENCE COLLECTED
DURING A FORENSIC SEXUAL ASSAULT EXAMINATION ON A  VICTIM  OF  A  SEXUAL
ASSAULT  SHALL  BE  FORWARDED  DIRECTLY FROM THE MEDICAL FACILITY TO THE
AUTHORIZED FORENSIC DNA LABORATORY WITHIN TEN DAYS  OF  ITS  COLLECTION.
SUCH  LABORATORY SHALL PERFORM THE REQUISITE TESTING AND ANALYSIS WITHIN
EIGHT MONTHS OF RECEIPT OR TRANSMIT THE SEXUAL OFFENSE FORENSIC EVIDENCE
TO ANOTHER APPROVED FORENSIC DNA LABORATORY AS SOON AS POSSIBLE  BUT  NO

S. 1455--A                          6

LATER  THAN  THIRTY DAYS AFTER RECEIPT, AND FORWARD THE RESULTING SEXUAL
OFFENSE FORENSIC EVIDENCE RECORD TO THE STATE  SEXUAL  OFFENSE  FORENSIC
EVIDENCE  INDEX  IN  ACCORDANCE  WITH THE REGULATIONS OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES WITHIN EIGHT MONTHS OF RECEIPT.
  5.  SEXUAL  OFFENSE  FORENSIC  EVIDENCE RECORDS CONTAINED IN THE STATE
SEXUAL OFFENSE FORENSIC EVIDENCE INDEX SHALL BE RELEASED  ONLY  FOR  THE
FOLLOWING PURPOSES:
  (A)  TO  A  FEDERAL LAW ENFORCEMENT AGENCY, OR TO A STATE OR LOCAL LAW
ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S  OFFICE  FOR  LAW  ENFORCEMENT
IDENTIFICATION  PURPOSES  IN  CONNECTION  WITH  THE INVESTIGATION OF THE
COMMISSION OF ONE OR MORE CRIMES, PROVIDED THAT THERE EXISTS BETWEEN THE
DIVISION AND SUCH AGENCY A  WRITTEN  AGREEMENT  GOVERNING  THE  USE  AND
DISSEMINATION  OF  SUCH  SEXUAL  OFFENSE  FORENSIC  EVIDENCE  RECORDS IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; OR
  (B) FOR CRIMINAL DEFENSE PURPOSES, TO A DEFENDANT OR HIS OR HER REPRE-
SENTATIVE, WHO SHALL ALSO HAVE ACCESS TO SAMPLES AND ANALYSES  PERFORMED
IN CONNECTION WITH THE CASE IN WHICH SUCH DEFENDANT IS CHARGED.
  6.  REQUESTS  FOR  SEXUAL OFFENSE FORENSIC EVIDENCE RECORDS MUST BE IN
WRITING, OR IN A FORM PRESCRIBED  BY  THE  DIVISION  AUTHORIZED  BY  THE
REQUESTING PARTY, AND, OTHER THAN A REQUEST PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION FIVE OF THIS SECTION, MAINTAINED ON FILE AT THE STATE SEXUAL
OFFENSE FORENSIC EVIDENCE INDEX IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED  BY  THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  7. THE VICTIM OF A SEXUAL OFFENSE SHALL  HAVE  ACCESS  TO  INFORMATION
REGARDING:
  (A)  WHETHER  A  SEXUAL OFFENSE FORENSIC EVIDENCE TEST IS PERFORMED BY
ANY FORENSIC DNA LABORATORY;
  (B) WHETHER THE RESULT OF A SEXUAL OFFENSE EVIDENCE TEST  OF  ANALYSIS
WAS ENTERED INTO THE STATE SEXUAL OFFENSE FORENSIC EVIDENCE INDEX; AND
  (C)  WHETHER  THERE  IS A MATCH BETWEEN THE RESULT OF A SEXUAL OFFENSE
EVIDENCE TEST OF ANALYSIS AND THE STATE SEXUAL OFFENSE FORENSIC EVIDENCE
INDEX.
  S 8. This act shall take effect June 1, 2016.

2015-S1455B (ACTIVE) - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995, 995-b, 995-d, 995-e, 995-f & 995-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6145, A8150
2017-2018: S6238, A3597
2019-2020: S4963
2021-2022: S4949
2023-2024: S735

2015-S1455B (ACTIVE) - Summary

Relates to the processing of evidence related to sexual offenses and the inclusion of such results in the state DNA identification index.

2015-S1455B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1455B

 TITLE OF BILL :

An act to amend the executive law, in relation to the processing of
evidence related to sexual offenses and the inclusion of such results
in the state DNA identification index

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation directs the all local and state law enforcement
agencies to conduct and report an inventory of all untested sexual
offense collection kits in their custody.

 SUMMARY OF SPECIFIC PROVISIONS :

All local and state law enforcement agencies charged with the
maintenance, storage and preservation of sexual offense collection
kits shall conduct and report an inventory to the Commissioner of
Criminal Justice Services of all untested sexual offense collection
kits. The Commissioner of Criminal Justice Services shall establish
the form of and timeline for such inventory.  The Commissioner shall
receive the reports from such law enforcement agencies and report the
results of such inventory to the legislature no later than six months
from the effective date of this act.

 JUSTIFICATION :

The rape kit backlog problem has been recognized across the nation.
The U.S. Department of Justice reported that there were hundreds of
thousands of untested rape kits across the United States. In September
2015, Vice President Joe Biden and Attorney General Loretta Lynch
announced $41 million in grant awards to address the national rape kit
backlog.

The timely handling of rape kits is important in identifying suspects
and preventing future crimes. However, many rape kits are never tested
and await DNA analysis in police evidence storage facilities or crime
lab facilities. Detroit made a concerted effort to reduce the backlog
of 11,000 kits in 2009. Within the first 153 rape kits tested, 20
serial rapists were discovered.

In extension of A.4525-A in 2015 that requires the timely processing
of rape kits, this directs all local and state law enforcement
agencies to conduct an inventory of untested rape kits in their
custody and report the result of such inventory to the legislature.
This state audit would help identify the exact number and age of
untested rape kits and thus it would encourage the timely handling of
rape kits.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect September 1, 2017.

2015-S1455B (ACTIVE) - Bill Text download pdf

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

                                 1455--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee on Finance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law, in  relation  to  the  processing  of
  evidence  related to sexual offenses and the inclusion of such results
  in the state DNA identification index

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 2 and 9 of section 995 of the executive law,
as added by chapter 737 of the laws of 1994,  are  amended  to  read  as
follows:
  2. For purposes of forensic DNA analysis, the term "forensic DNA labo-
ratory" shall mean any forensic laboratory operated by the state or unit
of local government, that performs forensic DNA testing on crime scenes,
FORENSIC  TESTING  ON  EVIDENCE  OF SEXUAL OFFENSES or materials derived
from the human body for use as evidence in a criminal proceeding or  for
purposes  of  identification  and  the term "forensic DNA testing" shall
mean any test that employs techniques to examine  deoxyribonucleic  acid
(DNA)  derived from the human body for the purpose of providing informa-
tion to resolve issues of identification.  Regulation pursuant  to  this
article  shall  not  include  DNA  testing on materials derived from the
human body pursuant to title five of article five of the  public  health
law for the purpose of determining a person's genetic disease or medical
condition  and  shall  not  include a laboratory operated by the federal
government.
  9. "DNA subcommittee" shall mean  the  subcommittee  on  forensic  DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00563-07-6

S. 1455--B                          2

ing established pursuant to subdivision thirteen of section nine hundred
ninety-five-b of this article.
  S  2. Paragraph (b) of subdivision 2 of section 995-b of the executive
law, as added by chapter 737 of the laws of 1994, is amended to read  as
follows:
  (b)  ensure that forensic analyses, including forensic DNA testing AND
SEXUAL OFFENSE FORENSIC EVIDENCE TESTING, are  performed  in  accordance
with the highest scientific standards practicable;
  S  3.  Subdivisions 7, 11, 12 and 13 of section 995-b of the executive
law, as added by chapter 737 of the laws of 1994 and  paragraph  (a)  of
subdivision  13  as  amended  by  chapter  560  of the laws of 1999, are
amended to read as follows:
  7. The commission and DNA subcommittee may establish, appoint, and set
terms of members to as many advisory councils as it deems  necessary  to
provide  specialized  expertise  to  the  commission with respect to new
forensic technologies including DNA  testing  methodologies  AND  SEXUAL
OFFENSE FORENSIC EVIDENCE TESTING METHODOLOGIES.
  11. Upon the recommendation of the DNA subcommittee established pursu-
ant to subdivision thirteen of this section, the commission shall desig-
nate  one or more approved methodologies for the performance of forensic
DNA testing AND SEXUAL ASSAULT FORENSIC EVIDENCE, and shall  review  and
act  upon  applications  by  forensic  DNA  laboratories for approval to
perform forensic DNA testing.
  12. Promulgate standards for a determination of a  match  between  the
DNA  records  contained  in the state DNA identification index and a DNA
record of a person OR SEXUAL OFFENSE  FORENSIC  EVIDENCE  submitted  for
comparison therewith.
  13.  (a) The commission shall establish a subcommittee on forensic DNA
laboratories and forensic DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE test-
ing.  The  chair  of the subcommittee shall be appointed by the chair of
the commission. The chair of the subcommittee shall  appoint  six  other
members  to the subcommittee, one of whom shall represent the discipline
of molecular biology and be appointed upon  the  recommendation  of  the
commissioner  of  the  department of health, one of whom shall represent
the discipline of population genetics and be appointed upon  the  recom-
mendation  of  the commissioner of the department of health, one of whom
shall be representative of the discipline of  laboratory  standards  and
quality  assurance  regulation  and monitoring and be appointed upon the
recommendation of the commissioner of the department of health,  one  of
whom shall be a forensic scientist and be appointed upon the recommenda-
tion  of the commissioner of the department of health, one of whom shall
be representative of  the  discipline  of  population  genetics  and  be
appointed  upon  the  recommendation  of  the  commissioner  of criminal
justice services and one of whom shall be representative of  the  disci-
pline  of  forensic  science and be appointed upon the recommendation of
the commissioner of  criminal  justice  services.  Members  of  the  DNA
subcommittee  shall  serve  for  three  year terms and be subject to the
conditions of service specified in section nine hundred ninety-five-a of
this article.
  (b) The DNA subcommittee shall assess and evaluate all DNA AND  SEXUAL
OFFENSE FORENSIC EVIDENCE methodologies proposed to be used for forensic
analysis,  and  make reports and recommendations to the commission as it
deems necessary. The DNA subcommittee shall make binding recommendations
for adoption by the commission addressing minimum  scientific  standards
to  be  utilized  in conducting forensic DNA AND SEXUAL OFFENSE FORENSIC
EVIDENCE analysis including, but not limited to, examination  of  speci-

S. 1455--B                          3

mens, population studies and methods employed to determine probabilities
and  interpret  test  results. The DNA subcommittee may require a demon-
stration by an independent laboratory of any proposed  forensic  DNA  OR
SEXUAL OFFENSE FORENSIC EVIDENCE testing methodology proposed to be used
by a forensic laboratory.
  (c)  The  DNA  subcommittee  shall  make  binding  recommendations for
adoption by the commission with regard to an accreditation  program  for
laboratories   performing  forensic  DNA  AND  SEXUAL  OFFENSE  FORENSIC
EVIDENCE testing in accordance with the provisions of the state adminis-
trative procedure act. Such recommendations shall include  the  adoption
and   implementation   of  internal  and  external  proficiency  testing
programs, including, if possible, a blind external  proficiency  testing
program  for  forensic  laboratories  performing forensic DNA AND SEXUAL
OFFENSE FORENSIC EVIDENCE  testing.  The  DNA  subcommittee  shall  also
provide the commission with a list of accepted proficiency testers.
  (d)  The DNA subcommittee shall be authorized to advise the commission
on any other matters regarding the implementation of scientific controls
and quality assurance procedures for the performance of forensic DNA AND
SEXUAL OFFENSE FORENSIC  EVIDENCE  testing,  or  on  any  other  matters
referred to it by the commission.
  S  4.  Section  995-d of the executive law, as added by chapter 737 of
the laws of 1994 and subdivision 2 as amended by chapter 560 of the laws
of 1999, is amended to read as follows:
  S 995-d. Confidentiality.  1.  All  records,  findings,  reports,  and
results of DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE testing performed on
any person shall be confidential and may not be disclosed or redisclosed
without  the consent of the subject of such DNA OR SEXUAL OFFENSE FOREN-
SIC EVIDENCE testing. Such records, findings, reports and results  shall
not  be  released to insurance companies, employers or potential employ-
ers, health providers,  employment  screening  or  personnel  companies,
agencies,  or  services,  private investigation services, and may not be
disclosed in response to a subpoena or other compulsory legal process or
warrant, or upon request or order of any  agency,  authority,  division,
office,  corporation, partnership, or any other private or public entity
or person, except that nothing contained herein shall  prohibit  disclo-
sure  in  response to a subpoena issued on behalf of the subject of such
DNA OR SEXUAL OFFENSE FORENSIC EVIDENCE record or on behalf of  a  party
in  a  civil  proceeding where the subject of such DNA OR SEXUAL OFFENSE
FORENSIC EVIDENCE record has put such record in issue.
  2. Notwithstanding the provisions of subdivision one of this  section,
records, findings, reports, and results of DNA testing, other than a DNA
record  maintained  in  the  state  DNA  identification  index,  may  be
disclosed in a criminal proceeding to the court,  the  prosecution,  and
the  defense  pursuant  to a written request on a form prescribed by the
commissioner of the division of criminal  justice  services.    Notwith-
standing  the  provisions  of  subdivision one of this section, a DNA OR
SEXUAL OFFENSE FORENSIC EVIDENCE record  maintained  in  the  state  DNA
identification  index  may be disclosed pursuant to section nine hundred
ninety-five-c of this article.
  S 5. Section 995-e of the executive law, as added by  chapter  737  of
the laws of 1994, is amended to read as follows:
  S 995-e. Applicability. This article shall not apply to a forensic DNA
laboratory  operated  by any agency of the federal government, or to any
forensic DNA test OR SEXUAL OFFENSE FORENSIC EVIDENCE TEST performed  by
any such federal laboratory.

S. 1455--B                          4

  S  6. Section 995-f of the executive law, as amended by chapter 560 of
the laws of 1999, is amended to read as follows:
  S 995-f. Penalties.  Any  person who (a) intentionally discloses a DNA
record, [or] the results of a forensic DNA  test  or  analysis,  OR  THE
RESULT  OF  A  SEXUAL  OFFENSE FORENSIC EVIDENCE TEST OF ANALYSIS, to an
individual or agency other than one authorized to have  access  to  such
records  pursuant  to this article or (b) intentionally uses or receives
DNA records, [or] the results of a forensic DNA test or analysis, OR THE
RESULTS OF A SEXUAL OFFENSE FORENSIC  EVIDENCE  TEST  OF  ANALYSIS,  for
purposes other than those authorized pursuant to this article or (c) any
person  who  knowingly tampers or attempts to tamper with any DNA sample
[or], the collection  container  OR  SEXUAL  OFFENSE  FORENSIC  EVIDENCE
SAMPLE without lawful authority shall be guilty of a class E felony.
  S  7.  Subdivisions  6 and 7 of section 995-c of the executive law, as
added by chapter 737 of the laws of 1994, are amended and a new subdivi-
sion 10 is added to read as follows:
  6. DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE records contained  in  the
state  DNA identification index shall be released only for the following
purposes:
  (a) to a federal law enforcement agency, or to a state  or  local  law
enforcement  agency  or  district  attorney's office for law enforcement
identification purposes upon submission of a DNA  record  in  connection
with  the  investigation  of  the commission of one or more crimes or to
assist in the recovery or identification  of  specified  human  remains,
including  identification of missing persons, provided that there exists
between the division and such agency a written agreement  governing  the
use  and  dissemination  of  such  DNA  records  in  accordance with the
provisions of this article;
  (b) for criminal defense purposes, to a defendant or his or her repre-
sentative, who shall also have access to samples and analyses  performed
in connection with the case in which such defendant is charged;
  (c)  after personally identifiable information has been removed by the
division, to an entity authorized by the division  for  the  purpose  of
creating  or  maintaining  a population statistics database or for iden-
tification research and protocol development for forensic  DNA  analysis
or quality control purposes; AND
  (D)  IN  THE  CASE  OF A VICTIM OF A SEXUAL OFFENSE, SUCH VICTIM SHALL
HAVE ACCESS TO INFORMATION REGARDING:
  (I) WHETHER A SEXUAL OFFENSE FORENSIC EVIDENCE TEST  IS  PERFORMED  BY
ANY FORENSIC DNA LABORATORY;
  (II)  WHETHER THE RESULT OF A SEXUAL OFFENSE FORENSIC EVIDENCE TEST OF
ANALYSIS WAS ENTERED INTO THE STATE DNA IDENTIFICATION INDEX; AND
  (III) WHETHER THERE IS A MATCH BETWEEN THE RESULT OF A SEXUAL  OFFENSE
EVIDENCE TEST OF ANALYSIS AND THE STATE DNA IDENTIFICATION INDEX.
  7.  Requests for DNA AND SEXUAL OFFENSE FORENSIC EVIDENCE records must
be in writing, or in a form prescribed by the division authorized by the
requesting party, and, other than a request pursuant to paragraph (b) of
subdivision six of this section, maintained on file  at  the  state  DNA
identification index in accordance with rules and regulations promulgat-
ed by the commissioner of the division of criminal justice services.
  10. (A) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION
WITH  THE  DNA  SUBCOMMITTEE AND THE COMMISSION, IS HEREBY AUTHORIZED TO
ESTABLISH A PLAN FOR THE  TIMELY  TESTING  OF  SEXUAL  OFFENSE  FORENSIC
EVIDENCE  AND  THE  INCLUSION  OF THE RESULTS OF SUCH TESTING IN THE DNA
IDENTIFICATION INDEX PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

S. 1455--B                          5

  (B) ANY FORENSIC EVIDENCE COLLECTED OR OBTAINED IN CONNECTION WITH THE
INVESTIGATION OF A CRIME OR OFFENSE CONTAINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE PENAL LAW SHALL BE INCLUDED IN THE STATE DNA IDENTIFICA-
TION INDEX PURSUANT TO THIS ARTICLE. THIS SUBDIVISION DOES NOT REQUIRE A
FORENSIC  DNA LABORATORY TO TEST ALL ITEMS OF FORENSIC EVIDENCE OBTAINED
IN A SEXUAL OFFENSE FORENSIC EVIDENCE EXAMINATION OR  A  SEXUAL  OFFENSE
INVESTIGATION.  FOR  THE  PURPOSE OF TIMELY PROCESSING OF SEXUAL OFFENSE
FORENSIC EVIDENCE, THIS SUBDIVISION INTENDS  TO  ENSURE  THAT  THE  BEST
EVIDENCE  IS  SELECTED  AND  ANALYZED  AS  SOON AS PRACTICABLE AMONG THE
REPRESENTATIVE SAMPLE OF FORENSIC EVIDENCE, BASED ON THE  MEDICAL  EXAM-
INATION  OR THE SEXUAL OFFENSE INVESTIGATION, THE COLLECTION AND PRESER-
VATION OF THAT EVIDENCE, AND THE  TRANSFER  OF  THE  EVIDENCE  FROM  THE
MEDICAL FACILITY OR THE LAW ENFORCEMENT AGENCY TO THE FORENSIC DNA LABO-
RATORY.
  (C)  (I)  NO  LATER  THAN  TEN  BUSINESS  DAYS AFTER BEING BOOKED INTO
EVIDENCE, A LAW ENFORCEMENT AGENCY THAT RECEIVES SEXUAL OFFENSE FORENSIC
EVIDENCE SHALL FORWARD SUCH EVIDENCE  TO  ANY  FORENSIC  DNA  LABORATORY
WHICH  HAS  BEEN  AUTHORIZED BY THE COMMISSION TO PERFORM SEXUAL OFFENSE
FORENSIC EVIDENCE TESTING AND ANALYSIS FOR INCLUSION IN  THE  STATE  DNA
IDENTIFICATION INDEX.
  (II)  SUCH LABORATORY SHALL PERFORM THE REQUISITE TESTING AND ANALYSIS
WITHIN THREE MONTHS OF  ITS  RECEIPT  OF  THE  SEXUAL  OFFENSE  FORENSIC
EVIDENCE IF SUFFICIENT STAFFING AND RESOURCES ARE AVAILABLE. AN ANALYSIS
SHALL INCLUDE AN EXAMINATION OF DNA EVIDENCE, DEVELOPMENT OF A POTENTIAL
SUSPECT  PROFILE,  AND THE FORWARDING OF THE RESULTING DNA RECORD TO THE
STATE DNA IDENTIFICATION INDEX IN ACCORDANCE WITH THE REGULATIONS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  (D) THE FAILURE OF A LAW ENFORCEMENT AGENCY TO SUBMIT  SEXUAL  OFFENSE
FORENSIC  EVIDENCE  WITHIN THE PERIOD REQUIRED BY THIS SUBDIVISION SHALL
NOT AFFECT THE AUTHORITY OF (I) THE AGENCY TO SUBMIT THE EVIDENCE  TO  A
FORENSIC DNA LABORATORY FOR ANALYSIS OR (II) OF A FORENSIC DNA LABORATO-
RY TO ANALYZE THE EVIDENCE OR PROVIDE THE RESULTS OF THE ANALYSIS TO THE
APPROPRIATE AGENCIES AND THE STATE DNA IDENTIFICATION INDEX.
  (E)  A LAW ENFORCEMENT AGENCY IN POSSESSION OF SEXUAL OFFENSE FORENSIC
EVIDENCE THAT HAS NOT BEEN FORWARDED TO A FORENSIC DNA LABORATORY WITHIN
THE TIME FRAME REQUIRED BY THIS  SUBDIVISION  SHALL:  (I)  BY  SEPTEMBER
FIRST OF EACH YEAR SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES A
LIST  OF  THE  AGENCY'S  ACTIVE  CRIMINAL CASES FOR WHICH SEXUAL OFFENSE
FORENSIC EVIDENCE HAS NOT YET BEEN FORWARDED TO A FORENSIC DNA LABORATO-
RY; AND (II) SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES  OR  A
FORENSIC  DNA LABORATORY, AS APPROPRIATE AND SUBJECT TO THE AVAILABILITY
OF STORAGE SPACE, ALL SEXUAL OFFENSE  FORENSIC  EVIDENCE  PERTAINING  TO
THOSE  ACTIVE  CRIMINAL  CASES  THAT  HAS NOT YET BEEN SUBMITTED FOR LAB
ANALYSIS WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (F) NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVI-
SION,  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL SUBMIT TO THE
GOVERNOR AND THE APPROPRIATE LEGISLATIVE COMMITTEES OF  THE  SENATE  AND
THE  ASSEMBLY A REQUEST FOR ANY NECESSARY FUNDING TO ACCOMPLISH ANALYSES
OF SEXUAL OFFENSE FORENSIC EVIDENCE REQUIRED BY THIS SUBDIVISION.
  (G) THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY SOLICIT  APPROPRIATE
GRANTS  AND  FUNDING  OPPORTUNITIES  IN  FURTHERANCE  OF  THE ACTIVITIES
REQUIRED BY THIS SUBDIVISION FROM FOUNDATIONS, OTHER GOVERNMENTAL  AGEN-
CIES  AND  INDIVIDUALS,  UNDER SUCH TERMS AND CONDITIONS AS THE DIVISION
SHALL DEEM APPROPRIATE.
  S 8. This act shall take effect September 1, 2017.

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Senate Bill S1455B

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2015-S1455 - Details

2015-S1455 - Summary

2015-S1455 - Sponsor Memo

2015-S1455 - Bill Text download pdf

2015-S1455A - Details

2015-S1455A - Summary

2015-S1455A - Sponsor Memo

2015-S1455A - Bill Text download pdf

2015-S1455B (ACTIVE) - Details

2015-S1455B (ACTIVE) - Summary

2015-S1455B (ACTIVE) - Sponsor Memo

2015-S1455B (ACTIVE) - Bill Text download pdf

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