S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7867--A
 
                             I N  S E N A T E
 
                             January 14, 2022
                                ___________
 
 Introduced  by Sens. BIAGGI, CLEARE, GAUGHRAN, GOUNARDES, HOYLMAN, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in  relation  to  implementing  a
   statewide electronic tracking system for evidence collection kits used
   to  collect  and  preserve  evidence  of a sexual assault or other sex
   offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2805-i  of  the  public health law is amended by
 adding a new subdivision 8 to read as follows:
   8. (A) THE DIVISION OF CRIMINAL JUSTICE SERVICES IN CONSULTATION  WITH
 THE  DEPARTMENT,  THE  OFFICE  OF VICTIM SERVICES, THE DIVISION OF STATE
 POLICE, AND THE NEW YORK STATE COALITION AGAINST  SEXUAL  ASSAULT  SHALL
 DEVELOP  AND  IMPLEMENT  A  STATEWIDE  ELECTRONIC  TRACKING  SYSTEM  FOR
 EVIDENCE COLLECTION KITS USED TO COLLECT  AND  PRESERVE  EVIDENCE  OF  A
 SEXUAL ASSAULT OR OTHER SEX OFFENSE.
   (B)  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMPLEMENT PROTO-
 COLS AND ADMINISTER THE STATEWIDE ELECTRONIC TRACKING SYSTEM. THE  DIVI-
 SION  OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE RULES AND GUIDELINES
 TO ENSURE THAT PREVIOUSLY UNTESTED SEXUAL  ASSAULT  EVIDENCE  COLLECTION
 KITS  ARE TRACKABLE AND ARE ENTERED INTO THE STATEWIDE ELECTRONIC TRACK-
 ING SYSTEM DEVELOPED PURSUANT TO THIS SUBDIVISION,  AND  THAT  SURVIVORS
 ARE GIVEN NOTICE OF HOW THEY MAY TRACK THEIR OWN SEXUAL ASSAULT EVIDENCE
 COLLECTION KIT. ANY LAW ENFORCEMENT AGENCY, MEDICAL PROVIDER OR FORENSIC
 LABORATORY  THAT HAS IN ITS CUSTODY A PREVIOUSLY UNTESTED SEXUAL ASSAULT
 EVIDENCE COLLECTION KIT USED FOR A FORENSIC  MEDICAL  EXAMINATION  SHALL
 COMPLY  WITH THE ESTABLISHED PROTOCOLS, RULES AND GUIDELINES RELATING TO
 ALL SUCH UNTESTED SEXUAL ASSAULT  EVIDENCE  COLLECTION  KITS.    TO  THE
 EXTENT  PRACTICABLE,  IN COLLABORATION WITH RAPE CRISIS AND LOCAL VICTIM
 ASSISTANCE ORGANIZATIONS, AND CONSISTENT WITH PROTECTING  VICTIM  CONFI-
 DENTIALITY  FOR  UNREPORTED  SEXUAL  ASSAULTS,  A LAW ENFORCEMENT AGENCY
 HAVING  CUSTODY  OF  A  PREVIOUSLY  UNTESTED  SEXUAL  ASSAULT   EVIDENCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14029-06-2
 S. 7867--A                          2

 COLLECTION  KIT  SHALL  TAKE  REASONABLE MEASURES TO PROVIDE APPROPRIATE
 TRACKING INFORMATION TO THE AFFECTED SURVIVOR.
   (C) THE STATEWIDE ELECTRONIC TRACKING SYSTEM SHALL:
   (1)  TRACK  THE  LOCATION  AND  STATUS OF EACH EVIDENCE COLLECTION KIT
 THROUGH THE CRIMINAL JUSTICE PROCESS, INCLUDING THE  INITIAL  COLLECTION
 OF EVIDENCE FOR THE KIT IN A FORENSIC MEDICAL EXAMINATION PERFORMED AT A
 HEALTHCARE  FACILITY, RECEIPT AND STORAGE OF THE EVIDENCE COLLECTION KIT
 AT A LAW ENFORCEMENT  AGENCY,  RECEIPT  AND  ANALYSIS  OF  THE  EVIDENCE
 COLLECTION  KIT  AT  AN  ACCREDITED  CRIME  LABORATORY,  AND STORAGE AND
 DESTRUCTION OF THE KIT AFTER THE APPLICABLE EVIDENCE IS ANALYZED;
   (2) ALLOW A HEALTHCARE FACILITY PERFORMING A FORENSIC MEDICAL EXAMINA-
 TION OF A SURVIVOR, LAW ENFORCEMENT AGENCY, ACCREDITED CRIME LABORATORY,
 PROSECUTOR OR OTHER ENTITY PROVIDING A CHAIN OF CUSTODY FOR AN  EVIDENCE
 COLLECTION  KIT TO UPDATE AND TRACK THE STATUS AND LOCATION OF THE KITS;
 AND
   (3) ALLOW A SURVIVOR TO ANONYMOUSLY TRACK OR RECEIVE UPDATES REGARDING
 THE STATUS AND LOCATION OF SUCH SURVIVOR'S EVIDENCE COLLECTION KIT.
   (D) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART-
 MENT SHALL REQUIRE PARTICIPATION IN THE  STATEWIDE  ELECTRONIC  TRACKING
 SYSTEM  ESTABLISHED  PURSUANT TO THIS SUBDIVISION BY ALL MEDICAL PROVID-
 ERS, LAW ENFORCEMENT AGENCIES, FORENSIC LABORATORIES OR OTHER PERSONS OR
 ENTITIES HAVING CUSTODY OR USE OF ANY SEXUAL ASSAULT EVIDENCE COLLECTION
 KIT IN THE STATE. SUCH ENTITIES SHALL PARTICIPATE IN THE TRACKING SYSTEM
 AND COMPLY WITH ALL  ESTABLISHED  PROTOCOLS,  RULES  AND  GUIDELINES.  A
 PARTICIPATING  ENTITY SHALL BE PERMITTED TO ACCESS THE ENTITY'S TRACKING
 INFORMATION THROUGH THE STATEWIDE ELECTRONIC TRACKING SYSTEM.
   (E)  RECORDS  ENTERED  INTO  THE  TRACKING  SYSTEM  ARE  CONFIDENTIAL.
 RECORDS RELATING TO AN EVIDENCE COLLECTION KIT MAY BE ACCESSED ONLY BY:
   (1)  THE  SURVIVOR FOR WHOM THE EVIDENCE COLLECTION KIT WAS COMPLETED;
 OR
   (2) AN EMPLOYEE OF AN ENTITY DESCRIBED BY PARAGRAPH (D) OF THIS SUBDI-
 VISION FOR PURPOSES OF UPDATING OR TRACKING THE STATUS  OR  LOCATION  OF
 THE EVIDENCE COLLECTION KIT.
   (F) FOR PURPOSES OF THIS SECTION:
   (1) "PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT" SHALL
 MEAN AN EVIDENCE COLLECTION KIT THAT HAS NOT UNDERGONE FORENSIC TESTING;
   (2)  "EVIDENCE  COLLECTION KIT" SHALL MEAN A HUMAN BIOLOGICAL SPECIMEN
 OR SPECIMENS COLLECTED  BY  A  HEALTHCARE  PROVIDER  DURING  A  FORENSIC
 MEDICAL  EXAMINATION  FROM  THE  VICTIM OF A SEXUAL ASSAULT OR OTHER SEX
 OFFENSE; AND
   (3) "SURVIVOR" SHALL MEAN AN INDIVIDUAL WHO IS THE VICTIM OF A  SEXUAL
 OFFENSE  FROM WHOM A HUMAN BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY
 A HEALTHCARE PROVIDER DURING A FORENSIC MEDICAL EXAMINATION.
   § 2. This act shall take effect immediately.