S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5048
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. PALMESANO, BLANKENBUSH, J. M. GIGLIO, FRIEND,
   HAWLEY, BRABENEC, DiPIETRO, MORINELLO, SALKA, TAGUE -- Multi-Sponsored
   by -- M. of  A.    BARCLAY,  BYRNES,  McDONOUGH,  MIKULIN,  B. MILLER,
   MONTESANO, REILLY -- 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-w
 to read as follows:
   § 837-W. 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 TWENTY-ONE, 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.
                                                            LBD08005-01-1
              

 A. 5048                             2
 
   3.  BY THE FIRST OF NOVEMBER, TWO THOUSAND TWENTY-ONE, 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 TWENTY-TWO, 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.