S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2286
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, KRUEGER -- 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  reports  on  untested
   sexual offense evidence collection 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  837-t
 to read as follows:
   §  837-T.  UNTESTED SEXUAL OFFENSE EVIDENCE COLLECTION KIT REPORTS. 1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (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 JULY FIRST, TWO THOUSAND NINETEEN, AND EVERY FIRST OF JULY THER-
 EAFTER,  ALL  LAW  ENFORCEMENT  AGENCIES  RESPONSIBLE FOR THE TAKING AND
 PROCESSING OF SEXUAL OFFENSE EVIDENCE COLLECTION KITS SHALL  CONDUCT  AN
 INVENTORY  OF ALL SUCH KITS BEING STORED BY THE AGENCY AND REPORT ALL OF
 THE FOLLOWING TO THE DIVISION:
   (A) THE NUMBER OF SEXUAL OFFENSE  EVIDENCE  COLLECTION  KITS  THE  LAW
 ENFORCEMENT AGENCY COLLECTS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07097-01-9
              

 S. 2286                             2
 
   (B)  THE  NUMBER  OF  SEXUAL OFFENSE EVIDENCE COLLECTION KITS THAT ARE
 TESTED; AND
   (C) THE NUMBER OF UNTESTED SEXUAL OFFENSE EVIDENCE COLLECTION KITS AND
 THE REASON SUCH KITS REMAIN UNTESTED.
   3.  BY  THE  FIRST OF JANUARY, TWO THOUSAND TWENTY, AND EVERY FIRST OF
 JANUARY THEREAFTER, THE DIVISION SHALL PREPARE AND TRANSMIT A REPORT  TO
 THE  APPROPRIATE  POLICY  COMMITTEES  OF THE LEGISLATURE SUMMARIZING THE
 INFORMATION THE DIVISION RECEIVES PURSUANT TO SUBDIVISION  TWO  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.