S T A T E O F N E W Y O R K
________________________________________________________________________
2226
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
offence that are submitted to the custody of law enforcement; and to
amend a chapter of the laws of 2022 amending the public health law
relating 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, as proposed in legislative bills
numbers S. 7867-A and A. 9596-A, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 2805-i of the public health law,
as added by a chapter of the laws of 2022 amending the public health law
relating 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, as proposed in legislative bills
numbers S. 7867-A and A. 9596-A, 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 [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 THAT ARE SUBMITTED TO THE CUSTODY OF
LAW ENFORCEMENT. SUCH STATEWIDE ELECTRONIC TRACKING SYSTEM SHALL NOT
INCLUDE EVIDENCE COLLECTION KITS NOT IN THE CUSTODY OF LAW ENFORCEMENT.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04192-01-3
S. 2226 2
to ensure that [previously untested] sexual assault evidence collection
kits THAT ARE SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT are trackable
[and are entered into the] ON A statewide electronic tracking system
developed pursuant to this subdivision, and that survivors are given
notice of how they may track their own sexual assault evidence
collection kit AFTER IT HAS BEEN SUBMITTED TO THE CUSTODY OF LAW
ENFORCEMENT. Any law enforcement agency, [medical provider or] forensic
laboratory, OR PROSECUTOR that has [in its] TAKEN custody [a previously
untested sexual assault] OF AN evidence collection kit used for a foren-
sic 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 consist-
ent with protecting victim confidentiality for unreported sexual
assaults, a law enforcement agency having custody of a previously
untested sexual assault evidence collection kit shall take reasonable
measures to provide appropriate tracking information to the affected
survivor] ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
PURSUANT TO THIS PARAGRAPH.
(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] AFTER
SUCH KIT HAS BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT;
(2) Allow a [healthcare facility performing a forensic medical exam-
ination of a survivor,] law enforcement agency, accredited crime labora-
tory, prosecutor, EMPLOYEES OF THE LONG-TERM SEXUAL OFFENSE EVIDENCE
STORAGE FACILITY, or ANY other entity providing a chain of custody for
an evidence collection kit, to update and track the status and location
of the kits THAT HAVE BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT;
and
(3) Allow a survivor to anonymously track or receive updates regarding
the status and location of such survivor's evidence collection kit THAT
HAS BEEN SUBMITTED TO THE CUSTODY OF LAW ENFORCEMENT.
(d) No later than January first, two thousand [twenty-four, the
department shall require participation in the statewide electronic
tracking system established pursuant to this subdivision by all medical
providers, 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] TWENTY-FIVE, ANY LAW
ENFORCEMENT AGENCY, ACCREDITED CRIME LABORATORY, PROSECUTOR, EMPLOYEE OF
THE LONG-TERM SEXUAL OFFENSE EVIDENCE STORAGE FACILITY, OR ANY OTHER
ENTITY PROVIDING A CHAIN OF CUSTODY FOR AN EVIDENCE COLLECTION KIT TO
UPDATE AND TRACK THE STATUS AND LOCATION OF SUCH KIT, 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] SHALL be accessed
only by[:
S. 2226 3
(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) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL EVIDENCE
COLLECTION KITS SUBMITTED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION.
(G) 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)] (2) "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 examina-
tion.
§ 2. Section 2 of a chapter of the laws of 2022 amending the public
health law relating 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, as proposed in legis-
lative bills numbers S. 7867-A and A. 9596-A, is amended to read as
follows:
§ 2. This act shall take effect [immediately] ON THE ONE HUNDRED
EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2022 amending the public health
law relating 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, as proposed in legislative bills
numbers S. 7867-A and A. 9596-A, takes effect.
