S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3537
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. PALMESANO, BLANKENBUSH, CROUCH, GIGLIO, FRIEND,
   DiPIETRO -- Multi-Sponsored by -- M. of A.  BARCLAY,  LAWRENCE,  McDO-
   NOUGH, B. MILLER, MONTESANO, MORINELLO, RAIA -- 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 NINETEEN, 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.
                                                            LBD07549-01-9
              

 A. 3537                             2
 
   3. BY THE FIRST OF NOVEMBER, TWO THOUSAND NINETEEN, 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
 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 TWENTY, 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.