S T A T E O F N E W Y O R K
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375
2017-2018 Regular Sessions
I N A S S E M B L Y
January 5, 2017
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Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law and a chapter of the laws of 2016
amending the executive law, relating to the processing and maintenance
of sexual offense evidence kits, as proposed in legislative bills
numbers A.10067-A and S.8117, in relation to making technical amend-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 838-a of the executive law, as added by a chap-
ter of the laws of 2016, amending the executive law relating to process-
ing and maintenance of sexual offense evidence kits, as proposed in
legislative bills numbers A.10067-A and S.8117, is amended to read as
follows:
§ 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 POLICE AGENCY OR
PROSECUTORIAL AGENCY:
(a) Each such POLICE agency [engaged in a law enforcement function in
the state] AND PROSECUTORIAL AGENCY shall submit any sexual offense
evidence kits in its custody or control to an appropriate forensic labo-
ratory within ten days of receipt.
(b) Each forensic laboratory receiving sexual offense evidence kits
after the effective date of this section shall ASSESS CASE SPECIFIC
INFORMATION FOR COMBINED DNA INDEX SYSTEM (CODIS) ELIGIBILITY AND, IF
ELIGIBLE, ANALYZE THE KITS AND ATTEMPT TO develop [Combined DNA Index
System (CODIS)] CODIS eligible profiles of any potential perpetrators
from the evidence [tested and, within ninety days after receipt of such
kit,] SUBMITTED. THE FORENSIC LAB SHALL report the results to the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07066-01-7
A. 375 2
submitting agency and appropriate prosecutorial entity WITHIN NINETY
DAYS AFTER RECEIPT OF A KIT.
(c) EACH POLICE AGENCY AND PROSECUTORIAL AGENCY THAT HAS ONE OR MORE
SEXUAL OFFENSE EVIDENCE KIT IN ITS CUSTODY OR CONTROL SHALL, WITHIN
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, INVENTORY SUCH
KITS AND REPORT THE TOTAL NUMBER OF SUCH KITS TO THE DIVISION AND TO THE
FORENSIC LABORATORY WHERE SUCH KITS WILL BE SUBMITTED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION. THE DIVISION SHALL PROVIDE SUCH INVENTO-
RIES TO THE SENATE AND ASSEMBLY LEADERS BY MARCH FIRST, TWO THOUSAND
SEVENTEEN. EVERY POLICE AND PROSECUTORIAL AGENCY SHALL UPDATE THIS
REPORT EACH MONTH THEREAFTER UNTIL PARAGRAPH (A) OF THIS SUBDIVISION HAS
BECOME EFFECTIVE.
(D) Each [agency engaged in a law enforcement function in the state]
POLICE AGENCY AND PROSECUTORIAL AGENCY that, prior to the effective date
of PARAGRAPH (A) OF this [section] SUBDIVISION, has one or more sexual
offense evidence kits in its custody or control shall, within [one
hundred eighty] THIRTY days after [such] THE effective date OF THIS
SECTION, submit all untested kits in its possession or control to an
appropriate forensic laboratory.
[(d)] (E) Each forensic laboratory, within one hundred [and] twenty
days after receiving each sexual offense evidence kit pursuant to para-
graph [(c)] (D) of this subdivision shall ASSESS CASE SPECIFIC INFORMA-
TION FOR CODIS ELIGIBILITY AND, IF ELIGIBLE, ANALYZE THE KITS AND
ATTEMPT TO develop [from evidence submitted Combined DNA Index System
(CODIS)] CODIS eligible profiles for any potential perpetrators and
shall, within ninety days of [developing] such [profiles] ASSESSMENT,
report the results to the submitting agency and the appropriate prosecu-
torial entity.
(F) THE FAILURE OF ANY SUCH POLICE AGENCY, PROSECUTORIAL AGENCY OR
FORENSIC LABORATORY TO COMPLY WITH A TIME LIMIT SPECIFIED IN THIS
SECTION SHALL NOT, IN AND OF ITSELF, CONSTITUTE A BASIS FOR A MOTION TO
SUPPRESS EVIDENCE IN ACCORDANCE WITH SECTION 710.20 OF THE CRIMINAL
PROCEDURE LAW.
2. (a) Each forensic laboratory in the state shall report to the divi-
sion, on a quarterly basis, in writing, on (i) the number of sexual
offense evidence kits it received, (ii) the number of such kits proc-
essed for the purpose of developing Combined DNA Index System (CODIS)
eligible profiles of any potential perpetrators, and (iii) the number of
kits not processed for testing, INCLUDING, THE REASON SUCH KITS WERE
INELIGIBLE FOR PROCESSING.
(b) Each POLICE agency [involved in a law enforcement function in the
state] AND PROSECUTORIAL AGENCY shall report to the division on a quar-
terly basis, in writing, on (i) the number of all the sexual offense
evidence kits it received, (ii) the number of such kits it submitted to
a forensic laboratory for processing, (iii) the number of kits in its
custody or control that have not been processed for testing, and (iv)
the length of time between receipt of any such sexual offense evidence
kit and the submission of any such kit to the forensic laboratory.
(C) THE DIVISION SHALL PROVIDE TO THE SENATE AND ASSEMBLY LEADERS SUCH
QUARTERLY REPORTS RECEIVED FROM THE FORENSIC LABS AND POLICE AND PROSE-
CUTORIAL AGENCIES PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION
BY JANUARY FIRST, TWO THOUSAND EIGHTEEN AND ANNUALLY THEREAFTER.
3. The division shall undertake actions designed to ensure that all
POLICE agencies [engaged in a law enforcement function] AND PROSECUTORI-
AL AGENCIES in the state and all forensic laboratories are educated and
aware of the provisions of this section.
A. 375 3
§ 2. Section 2 of a chapter of the laws of 2016, amending the execu-
tive law relating to the processing and maintenance of sexual offense
evidence kits, as proposed in legislative bills numbers A.10067-A and
S.8117, is amended to read as follows:
§ 2. This act shall take effect [on the ninetieth day] ONE YEAR after
it shall have become a law; provided, however, that paragraphs [(c) and
(d)] (A) AND (B) of subdivision 1 of section 838-a of the executive law
as added by section one of this act, shall take effect [immediately] ON
THE NINETIETH DAY AFTER THIS ACT SHALL HAVE BECOME A LAW; AND PROVIDED
FURTHER, HOWEVER, THAT PARAGRAPH (C) OF SUBDIVISION 1 OF SECTION 838-A
OF THE EXECUTIVE LAW AS ADDED BY SECTION ONE OF THIS ACT, SHALL TAKE
EFFECT IMMEDIATELY.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2016, amending the executive law
relating to the processing and maintenance of sexual offense evidence
kits, as proposed in legislative bills numbers A.10067-A and S.8117,
takes effect.