Bill Text: NY S07169 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits the unlawful disclosure of a sexual assault victim's DNA or RNA evidence by entry of the DNA or RNA profile into a criminal database or by use in an unrelated investigation or prosecution of the sexual assault victim; provides that a sexual assault victim's DNA or RNA evidence is not admissible in unrelated proceedings against the sexual assault victim.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07169 Detail]
Download: New_York-2023-S07169-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7169 2023-2024 Regular Sessions IN SENATE May 18, 2023 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting the unlawful disclosure of a sexual assault victim's DNA or RNA evidence; and to amend the criminal procedure law, in relation to limiting the use of a sexual assault victim's DNA or RNA evidence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 215.85 to 2 read as follows: 3 § 215.85 Unlawful disclosure of a sexual assault victim's DNA or RNA 4 evidence. 5 1. A person is guilty of unlawful disclosure of a sexual assault 6 victim's DNA or RNA evidence when, being a police officer or peace offi- 7 cer, a public officer or public employee, or an employee or agent of a 8 hospital or a criminal or private testing facility or laboratory, he or 9 she: 10 (a) enters into any international, federal, state or municipal crimi- 11 nal database evidence of a sexual assault victim's deoxyribonucleic acid 12 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained 13 during the investigation of an offense described in article one hundred 14 thirty of this part or treatment of the sexual assault victim following 15 the commission of an offense described in article one hundred thirty of 16 this part; or 17 (b) accesses or utilizes evidence of a sexual assault victim's DNA 18 profile or RNA profile that was obtained as described in paragraph (a) 19 of this subdivision during an investigation or prosecution of the sexual 20 assault victim for any offense or attempt to commit an offense uncon- 21 nected to the sexual assault, regardless of when such offense or attempt 22 to commit the offense occurred. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10843-01-3S. 7169 2 1 2. Nothing in this section shall prohibit the inclusion of a sexual 2 assault victim's DNA or RNA evidence: 3 (a) in a non-criminal missing persons database; or 4 (b) in a criminal database if the sexual assault victim, or the 5 victim's parent, guardian or legal representative consents to the inclu- 6 sion in writing. 7 Unlawful disclosure of a sexual assault victim's DNA or RNA evidence 8 is a class E felony. 9 § 2. The criminal procedure law is amended by adding a new section 10 60.77 to read as follows: 11 § 60.77 Rules of evidence; use of a sexual assault victim's DNA or RNA 12 evidence in certain cases. 13 1. Evidence of a sexual assault victim's deoxyribonucleic acid 14 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained 15 during the investigation of an offense described in article one hundred 16 thirty of the penal law or treatment of the sexual assault victim 17 following the commission of an offense described in article one hundred 18 thirty of the penal law shall not be admissible in a prosecution of the 19 victim for any offense or an attempt to commit an offense unrelated to 20 the sexual assault, regardless of when such offense or attempt to commit 21 the offense occurred. 22 2. Evidence that resulted from a violation of subdivision one of 23 section 215.85 of the penal law (unlawful disclosure of a sexual assault 24 victim's DNA or RNA evidence) shall not be admissible in a prosecution 25 of the sexual assault victim for any offense or an attempt to commit an 26 offense unrelated to the sexual assault, regardless of when such offense 27 or attempt to commit the offense occurred. Any such evidence shall be 28 ordered by the court to be sealed. 29 § 3. This act shall take effect on the thirtieth day after it shall 30 have become a law.
