Bill Text: NY S08117 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the processing of and maintenance of sexual offense evidence kits.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2016-11-28 - APPROVAL MEMO.21 [S08117 Detail]

Download: New_York-2015-S08117-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8117
                    IN SENATE
                                      June 13, 2016
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the executive law, in relation  to  the  processing  and
          maintenance of sexual offense evidence kits
          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  838-a
     2  to read as follows:
     3    § 838-a. Maintenance of sexual offense evidence kits. 1. The following
     4  requirements shall apply to all sexual offense evidence kits surrendered
     5  to  or collected by, at the request of, or with cooperation of an agency
     6  engaged in a law enforcement function in the state:
     7    (a) Each such agency engaged in a  law  enforcement  function  in  the
     8  state  shall  submit  any sexual offense evidence kits in its custody or
     9  control to  an  appropriate  forensic  laboratory  within  ten  days  of
    10  receipt.
    11    (b)  Each  forensic  laboratory receiving sexual offense evidence kits
    12  after the effective date of this  section  shall  develop  Combined  DNA
    13  Index  System  (CODIS)  eligible  profiles of any potential perpetrators
    14  from the evidence tested and, within ninety days after receipt  of  such
    15  kit,  report the results to the submitting agency and appropriate prose-
    16  cutorial entity.
    17    (c) Each agency engaged in a law enforcement  function  in  the  state
    18  that, prior to the effective date of this section, has one or more sexu-
    19  al  offense  evidence  kits  in its custody or control shall, within one
    20  hundred eighty days after such effective date, submit all untested  kits
    21  in its possession or control to an appropriate forensic laboratory.
    22    (d) Each forensic laboratory, within one hundred and twenty days after
    23  receiving  each sexual offense evidence kit pursuant to paragraph (c) of
    24  this subdivision shall develop  from  evidence  submitted  Combined  DNA
    25  Index  System  (CODIS)  eligible profiles for any potential perpetrators
    26  and shall, within ninety days of developing such  profiles,  report  the
    27  results to the submitting agency and the appropriate prosecutorial enti-
    28  ty.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13490-07-6
        S. 8117                             2
     1    2. (a) Each forensic laboratory in the state shall report to the divi-
     2  sion,  on  a  quarterly  basis,  in writing, on (i) the number of sexual
     3  offense evidence kits it received, (ii) the number of  such  kits  proc-
     4  essed  for  the  purpose of developing Combined DNA Index System (CODIS)
     5  eligible profiles of any potential perpetrators, and (iii) the number of
     6  kits  not  processed  for  testing.    (b) Each agency involved in a law
     7  enforcement function in the state shall report  to  the  division  on  a
     8  quarterly basis, in writing, on (i) the number of all the sexual offense
     9  evidence  kits it received, (ii) the number of such kits it submitted to
    10  a forensic laboratory for processing, (iii) the number of  kits  in  its
    11  custody  or  control  that have not been processed for testing, and (iv)
    12  the length of time between receipt of any such sexual  offense  evidence
    13  kit and the submission of any such kit to the forensic laboratory.
    14    3.  The  division  shall undertake actions designed to ensure that all
    15  agencies engaged in a law enforcement function  in  the  state  and  all
    16  forensic  laboratories  are educated and aware of the provisions of this
    17  section.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have  become  a  law;  provided, however, that paragraphs (c) and (d) of
    20  subdivision 1 of section 838-a of the executive law as added by  section
    21  one of this act, shall take effect immediately.