Relates to establishing the state sexual offense forensic evidence index and the processing of evidence related to sexual offenses

Summary of specific provisions

Section 1: Subdivisions 2 and 9 of section 995 of the executive law are amended and a new subdivision 11 is added as follows. Subdivision 2 allows forensic DNA laboratory to perform forensic testing on evidence of sexual offense. Subdivision 9 allows DNA subcommittee to conduct sexual offense forensic evidence testing. A new subdivision 11 adds "state sexual offense forensic evidence index" as the sexual offense forensic evidence record system for New York pursuant to this article.

Section 2: Paragraph (b) of subdivision 2 of section 995-b of the executive law is amended as follows: Forensic analyses including forensic DNA testing and sexual offense forensic evidence testing are performed in accordance with the highest scientific standards practicable.

Section 3: Subdivision 7, 9, 10, 11, 12 and 13 of section 995-b of the executive law, are amended as follows: In Subdivision 7, he commission and DNA subcommittee may establish, appoint, and set terms of members to provide specialized expertise with respect to new forensic technologies including DNA testing methodologies and sexual offense forensic evidence testing methodologies. Subdivision 9 permits the division of criminal justice services to promulgate a policy for the establishment and operation of a sexual offense forensic evidence index. Subdivision 10 allows reviews and modifications to a plan for the state sexual offense forensic evidence index. Subdivision 11 allows the commission to designate one or more approved methodologies fox the performance of sexual assault forensic evidence. Subdivision 12 promulgates standards for a determination of a match between the DNA records contained in the state sexual offense forensic evidence index. Subdivision 13 allows the DNA subcommittee to assess and evaluate all sexual offense forensic evidence methodologies for forensic analysis.

Section 4: Section 995-d of the executive law is amended as follows: All records, findings, reports, and results of sexual offense forensic evidence testing shall be confidential.

Section 5: Section 995-e of the executive law is amended as follows: This article shall not apply to any sexual offense forensic evidence test performed by any agency of the federal government.

Section 6: Section 995-f of the executive law is amended as follows: Any person who intentionally discloses the result of a sexual offense forensic evidence test of analysis without lawful authority shall be guilty of a class E felony,

Section 7: The executive law is amended by adding a new section 595-g as follows: The commission of criminal justice services is authorized to promulgate a plan for the establishment of a computerized state sexual forensic evidence index. Any sexual offense forensic evidence shall be collected, stored and forwarded to any forensic DNA laboratory. Such laboratory shall perform testing and analysis within ten business days of collection. Sexual offense forensic evidence that has been backlogged shall be forwarded to any forensic DNA laboratory by August 1, 2015.

Justification

In New York State, forensic evidence collected as part of a sexual assault investigation is not automatically tested or processed, but instead can be stored for an indefinite amount of time. In some cases, this can result in a wait of years, or even decades, before a rape kit is processed, if it is processed at all. This delay in testing rape kits can cause a delay in justice for the rape victim.

Detroit, Michigan, had a rape kit backlog of over 11,000 kits in 2009. When Detroit made a concerted effort to reduce this backlog, within the first 153 rape kits tested, 20 serial rapists were discovered. If the rape kits had been entered sooner, it is possible that those. rapists would have been caught after the first rape and subsequent rapes could have been prevented. New York City has a policy of testing every rape kit collected. After this policy was enacted, the arrest rate for rape skyrocketed from 40 percent to 70 percent of reported cases.

Collecting a rape kit is a lengthy and invasive process, undergone by the victim with the expectation that the kit will be processed. When evidence in a rape is not tested, rape victims feel as though they are not being taken seriously; this may discourage other rape victims from corning forward. If a policy of testing every rape kit is adopted, more sexual assaults may be reported, resulting in an increased amount of evidence and prosecution for this heinous crime.

Legislative History:

A8150 of 2013 - Referred to Codes

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect on June 1, 2015.