S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5188
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  BLANKENBUSH, BRABENEC, DiPIETRO,
   FRIEND, J. M. GIGLIO, HAWLEY, MORINELLO, TAGUE --  Multi-Sponsored  by
   --  M.  of A.   BARCLAY, BYRNES, McDONOUGH, MIKULIN, MILLER, 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  838-c
 to read as follows:
   §  838-C.  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-THREE, AND EVERY
 FIRST OF NOVEMBER THEREAFTER, ALL LAW ENFORCEMENT AGENCIES  AND  DEPART-
 MENTS  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.
                                                            LBD08465-01-3
 A. 5188                             2
              

 
   3.  BY  THE  FIRST  OF  NOVEMBER, TWO THOUSAND TWENTY-THREE, 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-FOUR, 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.