Assembly Bill A10067A

Signed By Governor
2015-2016 Legislative Session

Provides for the processing of and maintenance of sexual offense evidence kits

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Sponsored By

Archive: Last Bill Status Via S8117 - Signed by Governor

  • 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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Bill Amendments

2015-A10067 - Details

See Senate Version of this Bill:
S8117
Law Section:
Executive Law
Laws Affected:
Add §838-a, Exec L

2015-A10067 - Summary

Provides for the processing of and maintenance of sexual offense evidence kits.

2015-A10067 - Bill Text download pdf 

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

                                  10067

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the public health law and the executive law, in relation
  to the reporting, processing and secure transport  of  sexual  offense
  evidence kits

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

  Section 1. The section heading of section 2805-i of the public  health
law,  as  amended by chapter 504 of the laws of 1994, is amended to read
as follows:
  Treatment AND REPORTING of sexual offense victims and  maintenance  of
evidence in a sexual offense.
  S  2.  Subdivision  1  of  section  2805-i of the public health law is
amended by adding a new paragraph (d) to read as follows:
  (D) REPORTING QUARTERLY TO THE DEPARTMENT ON THE DISPOSITION OR TRANS-
FER OF ALL SEXUAL OFFENSE EVIDENCE KITS. THE REPORT SHALL DETAIL,  AT  A
MINIMUM,  HOW  MANY SUCH KITS UNDER THE HOSPITAL'S CARE WERE TRANSFERRED
TO LAW ENFORCEMENT OR FORENSIC LABORATORIES, TO WHOM  THEY  WERE  TRANS-
FERRED AND THE DATE UPON WHICH THEY WERE TRANSFERRED.
  S 3. The executive law is amended by adding two new sections 837-s and
837-t to read as follows:
  S  837-S.  PROCESSING  OF SEXUAL OFFENSE EVIDENCE KITS. 1.  SUBJECT TO
APPROPRIATIONS MADE FOR THE PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING
REQUIREMENTS  SHALL  APPLY TO ALL SEXUAL OFFENSE EVIDENCE KITS COLLECTED
AND SURRENDERED TO POLICE  AGENCIES  PURSUANT  TO  SECTION  TWENTY-EIGHT
HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW:
  (A)  ALL  SEXUAL  OFFENSE EVIDENCE KITS SURRENDERED TO POLICE AGENCIES
SHALL BE SUBMITTED TO A FORENSIC LABORATORY DESIGNATED BY  THE  DIVISION
FOR ANALYSIS WITHIN TEN DAYS OF RECEIPT;
  (B)  THE  FORENSIC  LABORATORY  RECEIVING SEXUAL OFFENSE EVIDENCE KITS
SHALL DEVELOP COMBINED DNA INDEX SYSTEM (CODIS) ELIGIBLE  PROFILES  FROM
THE  EVIDENCE  RECEIVED  AND REPORT THE RESULTS TO THE SUBMITTING POLICE
AGENCY AND LOCAL DISTRICT ATTORNEY WITHIN NINETY DAYS OF RECEIPT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13490-03-6

co-Sponsors

2015-A10067A (ACTIVE) - Details

See Senate Version of this Bill:
S8117
Law Section:
Executive Law
Laws Affected:
Add §838-a, Exec L

2015-A10067A (ACTIVE) - Summary

Provides for the processing of and maintenance of sexual offense evidence kits.

2015-A10067A (ACTIVE) - Bill Text download pdf 

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

                                10067--A

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the executive law, in relation to the processing and
  maintenance of sexual offense evidence kits

  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 838-a
to read as follows:
  S 838-A. MAINTENANCE OF SEXUAL OFFENSE EVIDENCE KITS. 1. THE FOLLOWING
REQUIREMENTS SHALL APPLY TO ALL SEXUAL OFFENSE EVIDENCE KITS SURRENDERED
TO OR COLLECTED BY, AT THE REQUEST OF, OR WITH COOPERATION OF AN  AGENCY
ENGAGED IN A LAW ENFORCEMENT FUNCTION IN THE STATE:
  (A)  EACH  SUCH  AGENCY  ENGAGED  IN A LAW ENFORCEMENT FUNCTION IN THE
STATE SHALL SUBMIT ANY SEXUAL OFFENSE EVIDENCE KITS IN  ITS  CUSTODY  OR
CONTROL  TO  AN  APPROPRIATE  FORENSIC  LABORATORY  WITHIN  TEN  DAYS OF
RECEIPT.
  (B) EACH FORENSIC LABORATORY RECEIVING SEXUAL  OFFENSE  EVIDENCE  KITS
AFTER  THE  EFFECTIVE  DATE  OF  THIS SECTION SHALL DEVELOP COMBINED DNA
INDEX SYSTEM (CODIS) ELIGIBLE PROFILES  OF  ANY  POTENTIAL  PERPETRATORS
FROM  THE  EVIDENCE TESTED AND, WITHIN NINETY DAYS AFTER RECEIPT OF SUCH
KIT, REPORT THE RESULTS TO THE SUBMITTING AGENCY AND APPROPRIATE  PROSE-
CUTORIAL ENTITY.
  (C)  EACH  AGENCY  ENGAGED  IN A LAW ENFORCEMENT FUNCTION IN THE STATE
THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, HAS ONE OR MORE SEXU-
AL OFFENSE EVIDENCE KITS IN ITS CUSTODY OR  CONTROL  SHALL,  WITHIN  ONE
HUNDRED  EIGHTY DAYS AFTER SUCH EFFECTIVE DATE, SUBMIT ALL UNTESTED KITS
IN ITS POSSESSION OR CONTROL TO AN APPROPRIATE FORENSIC LABORATORY.
  (D) EACH FORENSIC LABORATORY, WITHIN ONE HUNDRED AND TWENTY DAYS AFTER
RECEIVING EACH SEXUAL OFFENSE EVIDENCE KIT PURSUANT TO PARAGRAPH (C)  OF
THIS  SUBDIVISION  SHALL  DEVELOP  FROM  EVIDENCE SUBMITTED COMBINED DNA
INDEX SYSTEM (CODIS) ELIGIBLE PROFILES FOR  ANY  POTENTIAL  PERPETRATORS
AND  SHALL,  WITHIN  NINETY DAYS OF DEVELOPING SUCH PROFILES, REPORT THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13490-06-6

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