Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 17, 2024 |
referred to health |
Assembly Bill A10317
2023-2024 Legislative Session
Sponsored By
PAULIN
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-A10317 (ACTIVE) - Details
- Current Committee:
- Assembly Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §2805-i, Pub Health L
2023-A10317 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10317 I N A S S E M B L Y May 17, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to collecting and reporting sexual offense evidence on the statewide electronic tracking system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (j) of subdivision 2 of section 2805-i of the public health law, as amended by section 1 of part II of chapter 56 of the laws of 2021, is amended to read as follows: (j) Notwithstanding any other provision in this section, sexual offense evidence shall not continue to be stored where: (i) such evidence is not privileged and law enforcement requests its release, in which case the custodian(s) shall comply with such request; or (ii) such evidence is privileged and either (A) the alleged sexual offense victim gives permission to release the evidence to law enforcement, UPON WHICH LAW ENFORCEMENT MUST RETRIEVE THE EVIDENCE WITHIN THREE DAYS OF SUCH PERMISSION AND REPORT SUCH EVIDENCE IN THE STATEWIDE ELECTRONIC TRACKING SYSTEM PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION, or (B) the alleged sexual offense victim signs a statement directing the custodian(s) to dispose of the evidence, in which case the sexual offense evidence will be discarded in compliance with state and local health codes. § 2. Subdivision 8 of section 2805-i of the public health law, as amended by chapter 31 of the laws of 2023, is amended 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 a statewide electronic tracking system for REPORTED evidence collection kits used to collect and preserve evidence of a sexual assault or other sex offense [that are submitted to the custody of law enforcement]. Such statewide electronic tracking system shall not include UNREPORTED evidence collection kits [not in the custody of law enforcement], PROVIDED, HOWEVER, THAT ANY UNREPORTED EVIDENCE COLLECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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