Bill Text: NY A00976 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the establishment of the 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; relates to the effectiveness of such provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.31 [A00976 Detail]

Download: New_York-2023-A00976-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           976

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes

        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:

     1    Section 1. Subdivision 8 of section 2805-i of the public  health  law,
     2  as added by a chapter of the laws of 2022 amending the public health law
     3  relating  to  implementing  a  statewide  electronic tracking system for
     4  evidence collection kits used to collect  and  preserve  evidence  of  a
     5  sexual  assault  or  other sex offense, as proposed in legislative bills
     6  numbers S. 7867-A and A. 9596-A, is amended to read as follows:
     7    8. (a) The division of criminal justice services in consultation  with
     8  the  department,  the  office  of victim services, the division of state
     9  police, and the New York State Coalition Against  Sexual  Assault  shall
    10  develop  [and  implement]  a  statewide  electronic  tracking system for
    11  evidence collection kits used to collect  and  preserve  evidence  of  a
    12  sexual assault or other sex offense that are submitted to the custody of
    13  law  enforcement.  Such  statewide  electronic tracking system shall not
    14  include evidence collection kits not in the custody of law enforcement.
    15    (b) [The division of criminal justice services shall implement  proto-
    16  cols and administer the statewide electronic tracking system.] The divi-
    17  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
        A. 976                              2

     1  to ensure that [previously untested] sexual assault evidence  collection
     2  kits  that are submitted to the custody of law enforcement are trackable
     3  [and are entered into the] on a  statewide  electronic  tracking  system
     4  developed  pursuant  to  this  subdivision, and that survivors are given
     5  notice  of  how  they  may  track  their  own  sexual  assault  evidence
     6  collection  kit  after  it  has  been  submitted  to  the custody of law
     7  enforcement.  Any law enforcement agency, [medical provider or] forensic
     8  laboratory, or prosecutor that has [in its] taken custody [a  previously
     9  untested sexual assault] of an evidence collection kit used for a foren-
    10  sic  medical  examination  shall  comply with the established protocols,
    11  rules and guidelines [relating  to  all  such  untested  sexual  assault
    12  evidence  collection kits.   To the extent practicable, in collaboration
    13  with rape crisis and local victim assistance organizations, and consist-
    14  ent  with  protecting  victim  confidentiality  for  unreported   sexual
    15  assaults,  a  law  enforcement  agency  having  custody  of a previously
    16  untested sexual assault evidence collection kit  shall  take  reasonable
    17  measures  to  provide  appropriate  tracking information to the affected
    18  survivor] established by  the  division  of  criminal  justice  services
    19  pursuant to this paragraph.
    20    (c) The statewide electronic tracking system shall:
    21    (1)  Track  the  location  and  status of each evidence collection kit
    22  [through the criminal justice process, including the initial  collection
    23  of evidence for the kit in a forensic medical examination performed at a
    24  healthcare  facility, receipt and storage of the evidence collection kit
    25  at a law enforcement  agency,  receipt  and  analysis  of  the  evidence
    26  collection  kit  at  an  accredited  crime  laboratory,  and storage and
    27  destruction of the kit after the applicable evidence is analyzed]  after
    28  such kit has been submitted to the custody of law enforcement;
    29    (2)  Allow  a [healthcare facility performing a forensic medical exam-
    30  ination of a survivor,] law enforcement agency, accredited crime labora-
    31  tory, prosecutor, employees of the  long-term  sexual  offense  evidence
    32  storage  facility,  or any other entity providing a chain of custody for
    33  an evidence collection kit, to update and track the status and  location
    34  of  the kits that have been submitted to the custody of law enforcement;
    35  and
    36    (3) Allow a survivor to anonymously track or receive updates regarding
    37  the status and location of such survivor's evidence collection kit  that
    38  has been submitted to the custody of law enforcement.
    39    (d)  No  later  than  January  first,  two  thousand [twenty-four, the
    40  department shall  require  participation  in  the  statewide  electronic
    41  tracking  system established pursuant to this subdivision by all medical
    42  providers, law enforcement  agencies,  forensic  laboratories  or  other
    43  persons or entities having custody or use of any sexual assault evidence
    44  collection  kit  in  the  state.  Such  entities]  twenty-five,  any law
    45  enforcement agency, accredited crime laboratory, prosecutor, employee of
    46  the long-term sexual offense evidence storage  facility,  or  any  other
    47  entity  providing  a  chain of custody for an evidence collection kit to
    48  update and track the status and location of such kit, shall  participate
    49  in  the tracking system and comply with all established protocols, rules
    50  and guidelines. A participating entity shall be permitted to access  the
    51  entity's  tracking information through the statewide electronic tracking
    52  system.
    53    (e)  Records  entered  into  the  tracking  system  are  confidential.
    54  Records  relating  to an evidence collection kit [may] shall be accessed
    55  only by[:
        A. 976                              3

     1    (1)] the survivor for whom the evidence collection kit was completed[;
     2  or
     3    (2) an employee of an entity described by paragraph (d) of this subdi-
     4  vision  for  purposes  of updating or tracking the status or location of
     5  the evidence collection kit].
     6    (f) The provisions of this subdivision shall  apply  to  all  evidence
     7  collection  kits  submitted prior to, on, or after the effective date of
     8  this subdivision.
     9    (g) For purposes of this section:
    10    (1) ["previously untested  sexual  assault  evidence  collection  kit"
    11  shall  mean  an  evidence collection kit that has not undergone forensic
    12  testing;
    13    (2)] "evidence collection kit" shall mean a human biological  specimen
    14  or  specimens  collected  by  a  healthcare  provider  during a forensic
    15  medical examination from the victim of a sexual  assault  or  other  sex
    16  offense; and
    17    [(3)]  (2)  "survivor" shall mean an individual who is the victim of a
    18  sexual offense from  whom  a  human  biological  specimen  or  specimens
    19  collected  by  a  healthcare provider during a forensic medical examina-
    20  tion.
    21    § 2. Section 2 of a chapter of the laws of 2022  amending  the  public
    22  health  law  relating  to  implementing  a statewide electronic tracking
    23  system for  evidence  collection  kits  used  to  collect  and  preserve
    24  evidence of a sexual assault or other sex offense, as proposed in legis-
    25  lative  bills  numbers  S.  7867-A  and A. 9596-A, is amended to read as
    26  follows:
    27    § 2. This act shall take  effect  [immediately]  on  the  one  hundred
    28  eightieth day after it shall have become a law.
    29    §  3.  This act shall take effect immediately; provided, however, that
    30  section one of this act shall take effect on the same date  and  in  the
    31  same  manner as a chapter of the laws of 2022 amending the public health
    32  law relating to implementing a statewide electronic tracking system  for
    33  evidence  collection  kits  used  to  collect and preserve evidence of a
    34  sexual assault or other sex offense, as proposed  in  legislative  bills
    35  numbers S. 7867-A and A. 9596-A, takes effect.