Assembly Bill A1970

2025-2026 Legislative Session

Relates to the collection and reporting of sexual offense evidence on the statewide electronic tracking system

download bill text pdf

Sponsored By

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

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2025-A1970 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A10317

2025-A1970 (ACTIVE) - Summary

Requires the collection and reporting of sexual offense evidence on the statewide electronic tracking system within three days of permission to release the evidence by the alleged sexual offense victim; relates to additional rules and guidelines.

2025-A1970 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1970
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by 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)] CUSTODIAN OR CUSTODIANS 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)]  CUSTODIAN  OR  CUSTODIANS  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04793-01-5
              

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