Bill Text: NY A06619 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to untested sexual offense evidence kit collection reports.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2016-03-29 - held for consideration in codes [A06619 Detail]

Download: New_York-2015-A06619-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6619
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  PALMESANO  --  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:
    1    Section 1. The executive law is amended by adding a new section  837-s
    2  to read as follows:
    3    S  837-S.  UNTESTED SEXUAL OFFENSE EVIDENCE KIT COLLECTION REPORT.  1.
    4  AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE  THE  FOLLOWING  MEAN-
    5  INGS:
    6    (A)  "FORENSIC MEDICAL EXAMINATION" SHALL MEAN AN EXAMINATION PROVIDED
    7  TO THE VICTIM OF A SEXUAL OFFENSE BY A  HEALTH  CARE  PROVIDER  FOR  THE
    8  PURPOSE OF GATHERING AND PRESERVING EVIDENCE OF A SEXUAL OFFENSE FOR USE
    9  IN A COURT OF LAW;
   10    (B)  "SEXUAL  OFFENSE  EVIDENCE  COLLECTION  KIT"  SHALL  MEAN A HUMAN
   11  BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY  A  HEALTH  CARE  PROVIDER
   12  DURING  A  FORENSIC  MEDICAL  EXAMINATION  FROM  THE  VICTIM OF A SEXUAL
   13  OFFENSE; AND
   14    (C) "UNTESTED SEXUAL OFFENSE EVIDENCE COLLECTION  KIT"  SHALL  MEAN  A
   15  SEXUAL  OFFENSE  EVIDENCE  COLLECTION KIT THAT HAS NOT BEEN SUBMITTED TO
   16  THE NEW YORK STATE POLICE LABORATORY OR A SIMILAR  QUALIFIED  LABORATORY
   17  FOR EITHER A SEROLOGY OR DEOXYRIBONUCLEIC ACID (DNA) TEST.
   18    2.  BY THE FIRST OF NOVEMBER, TWO THOUSAND FIFTEEN, AND EVERY FIRST OF
   19  NOVEMBER  THEREAFTER,  ALL  LAW  ENFORCEMENT  AGENCIES  AND  DEPARTMENTS
   20  CHARGED WITH THE MAINTENANCE, STORAGE AND PRESERVATION OF SEXUAL OFFENSE
   21  EVIDENCE  COLLECTION  KITS  SHALL  CONDUCT AN INVENTORY OF ALL SUCH KITS
   22  BEING STORED BY THE AGENCY OR DEPARTMENT.
   23    3. BY THE FIRST OF NOVEMBER, TWO THOUSAND FIFTEEN, AND EVERY FIRST  OF
   24  NOVEMBER THEREAFTER, EACH LAW ENFORCEMENT AGENCY SHALL COMPILE, IN WRIT-
   25  ING,  A REPORT CONTAINING THE NUMBER OF UNTESTED SEXUAL OFFENSE EVIDENCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09896-01-5
       A. 6619                             2
    1  COLLECTION KITS IN THE POSSESSION OF THE AGENCY OR  DEPARTMENT  AND  THE
    2  DATE  THE SEXUAL OFFENSE EVIDENCE KIT WAS COLLECTED. THE REPORT SHALL BE
    3  TRANSMITTED TO THE DIVISION.
    4    4.  BY  THE FIRST OF JANUARY, TWO THOUSAND SIXTEEN, AND EVERY FIRST OF
    5  JANUARY THEREAFTER, THE DIVISION SHALL PREPARE AND TRANSMIT A REPORT  TO
    6  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
    7  THE ASSEMBLY CONTAINING THE NUMBER OF UNTESTED SEXUAL  OFFENSE  EVIDENCE
    8  COLLECTIONS  KITS  BEING  STORED BY EACH COUNTY, BY EACH LAW ENFORCEMENT
    9  AGENCY OR DEPARTMENT, AND THE DATE THE UNTESTED KIT WAS COLLECTED.
   10    S 2. This act shall take effect immediately.