What's happening
This bill requires annual inventory and reporting on untested sexual offense evidence kits by law enforcement agencies in New York.
Why it matters
Increases transparency and accountability. by requiring law enforcement agencies to conduct annual inventories and written reports on untested sexual offense evidence kits, including when each kit was collected. This helps track potential backlogs and identify where delays in processing may occur.
Mandates regular oversight at the state level. by having the Division of Criminal Justice Services compile and report this information to top state officials (governor, senate president, and assembly speaker) every year. This ensures policymakers are informed about the status of evidence kit testing across all jurisdictions.
Addresses justice and victim trust issues. by shedding light on the handling of evidence in sexual offense cases. Untested kits have been a nationwide concern, as delays or failures to test can deny justice to survivors and allow offenders to go unidentified.
Could improve resource allocation and policy reforms. by providing concrete data on where and why evidence kits remain untested, potentially leading to more funding, staffing, or legislative changes to reduce backlogs and strengthen the criminal justice response to sexual offenses.
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Who cares
Headline styles
Track Untested Rape Kits
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4801
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. PALMESANO, BLANKENBUSH, CASTORINA, CROUCH, GIGLIO, GRAF, FRIEND, DiPIETRO, OAKS, McKEVITT, MONTESANO -- Multi- Sponsored by -- M. of A. BARCLAY, LAWRENCE, LOPEZ, McDONOUGH, B. MILLER, MORINELLO, RAIA, WALTER -- 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 Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 837-t to read as follows:
§ 837-t. Untested sexual offense evidence kit collection report. 1. As used in this section, the following terms have the following meanings:
(a) "Forensic medical examination" shall mean an examination provided to the victim of a sexual offense by a health care provider for the purpose of gathering and preserving evidence of a sexual offense for use in a court of law;
(b) "Sexual offense evidence collection kit" shall mean a human biological specimen or specimens collected by a health care provider during a forensic medical examination from the victim of a sexual offense; and
(c) "Untested sexual offense evidence collection kit" shall mean a sexual offense evidence collection kit that has not been submitted to the New York state police laboratory or a similar qualified laboratory for either a serology or deoxyribonucleic acid (DNA) test.
2. By the first of November, two thousand seventeen, and every first of November thereafter, all law enforcement agencies and departments charged with the maintenance, storage and preservation of sexual offense evidence collection kits shall conduct an inventory of all such kits being stored by the agency or department.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07827-01-7
A. 4801 2
3. By the first of November, two thousand seventeen, and every first of November thereafter, each law enforcement agency shall compile, in writing, a report containing the number of untested sexual offense evidence collection kits in the possession of the agency or department and the date the sexual offense evidence kit was collected. The report shall be transmitted to the division.
4. By the first of January, two thousand eighteen, and every first of January thereafter, the division shall prepare and transmit a report to the governor, the temporary president of the senate and the speaker of the assembly containing the number of untested sexual offense evidence collections kits being stored by each county, by each law enforcement agency or department, and the date the untested kit was collected.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.