S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4801
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  BLANKENBUSH,  CASTORINA, CROUCH,
   GIGLIO, GRAF, FRIEND, DiPIETRO, OAKS, McKEVITT,  MONTESANO  --  Multi-
   Sponsored  by  --  M.    of  A.  BARCLAY,  LAWRENCE, LOPEZ, McDONOUGH,
   B. MILLER, MORINELLO, RAIA, WALTER -- 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-t
 to read as follows:
   § 837-T. 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 SEVENTEEN, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07827-01-7

 A. 4801                             2
 
   3.  BY  THE FIRST OF NOVEMBER, TWO THOUSAND SEVENTEEN, AND EVERY FIRST
 OF NOVEMBER THEREAFTER, EACH LAW ENFORCEMENT AGENCY  SHALL  COMPILE,  IN
 WRITING,  A  REPORT  CONTAINING  THE  NUMBER  OF UNTESTED SEXUAL OFFENSE
 EVIDENCE 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 EIGHTEEN, 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.
   § 2. This act shall take effect immediately.