What's happening
This bill establishes a statewide system in New York to track sexual assault kits, increasing transparency and empowering survivors with information.
Why it matters
Centralizes accountability. by requiring all relevant agencies—law enforcement, hospitals, forensic labs, and prosecutors—to fully participate in tracking sexual assault kits, which may reduce the risk of kits being lost, mishandled, or left untested.
Empowers survivors. with the ability to anonymously track the status of their own kits, potentially reducing trauma, uncertainty, and mistrust in the justice system by keeping them informed throughout the evidence process.
Mandates ongoing transparency. through detailed, publicly available semiannual reports, breaking down kit status, processing times, and backlog data by jurisdiction, which can drive systemic improvements and inform public policy.
Limits liability for good-faith participation. by shielding agencies and hospitals from civil damages related to information release or non-release (unless grossly negligent), encouraging full compliance and minimizing legal hesitancy to share data.
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Who cares
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Track Sexual Assault Kits
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to finance
- Referred to finance
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3326
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to a statewide sexual assault kit tracking system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature recognizes the deep pain and suffering experienced by victims of sexual assault. Sexual assault is an extreme violation of a person's body and sense of self and safety. Sexual violence is a pervasive social problem. National studies indicate that approximately one in four women will be sexually assaulted in their lifetimes. Survivors often turn to hospitals and local law enforcement for help, and many volunteer to have professionals collect a sexual assault kit to preserve physical evidence from their bodies. The process of collecting a sexual assault kit is extremely invasive and difficult.
The legislature finds that, when forensic analysis is completed, the biological evidence contained inside sexual assault kits can be an incredibly powerful tool for law enforcement to solve and prevent crime. Forensic analysis of all sexual assault kits sends a message to survivors that they matter. It sends a message to perpetrators that they will be held accountable for their crimes. The legislature is committed to bringing healing and justice to survivors of sexual assault.
The legislature recognizes the laudable and successful efforts of law enforcement in the utilization of forensic analysis of sexual assault kits in the investigation and prosecution of crimes. The legislature intends to continue building on the state's efforts to address serious concerns with the treatment of sexual assault kits through the establishment of the statewide sexual assault kit tracking system. The system will be designed to track all sexual assault kits in the state in order to further empower survivors with information, assist law enforcement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04955-01-7
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with investigations and crime prevention, and create transparency and foster public trust.
§ 2. The executive law is amended by adding a new section 838-b to read as follows:
§ 838-b. Sexual assault kit tracking system. 1. The division shall create and operate a statewide sexual assault kit tracking system. The division may contract with state or nonstate entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system.
2. The statewide sexual assault kit tracking system shall:
(a) Track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at law enforcement agencies, and receipt and analysis at forensic laboratories;
(b) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, all state and local crime laboratories, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits;
(c) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits; and
(d) Use electronic technology or technologies allowing continuous access.
3. The division may phase initial participation according to region, volume, or other appropriate classifications. All entities in the custody of sexual assault kits shall fully participate in the system no later than July first, two thousand eighteen. The division shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to appropriate committees of the legislature, and the governor no later than January first, two thousand eighteen.
4. The division shall submit a semiannual report on the statewide sexual assault kit tracking system to the appropriate committees of the legislature and the governor. The report shall be made available to the public through the division's web site. The first report is due July first, two thousand eighteen and subsequent reports are due January thirty-first and July thirty-first of each year. The report shall include the following:
(a) The total number of sexual assault kits in the system statewide and by jurisdiction;
(b) The total and semiannual number of sexual assault kits where forensic analysis has been completed statewide and by jurisdiction;
(c) The number of sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(d) The total and semiannual number of sexual assault kits where forensic analysis has been requested but not completed statewide and by jurisdiction;
(e) The average and median length of time for sexual assault kits to be submitted for forensic analysis after being added to the system, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(f) The average and median length of time for forensic analysis to be completed on sexual assault kits after being submitted for analysis, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
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(g) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and six months or more have passed since those sexual assault kits were added to the system; and
(h) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and one year or more has passed since those sexual assault kits were added to the system.
5. For the purpose of reports under subdivision four of this section, a sexual assault kit must be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault kit or otherwise in the custody of the sexual assault kit.
6. Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault kit tracking system, so long as the release was without gross negligence.
§ 3. Local law enforcement agencies shall participate in the statewide sexual assault kit tracking system established in section two of this act for the purpose of tracking the status of all sexual assault kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. Local law enforcement agencies shall begin full participation in the system according to the implementation schedule established by the division of criminal justice services.
§ 4. A sheriff and his or her deputies shall participate in the statewide sexual assault kit tracking system established in section two of this act for the purpose of tracking the status of all sexual assault kits in the custody of the executive department and other entities contracting with the executive department. A sheriff shall begin full participation in the system according to the implementation schedule established by the division of criminal justice services.
§ 5. All state and local crime laboratories that perform DNA analysis shall participate in the statewide sexual assault kit tracking system established in section two of this act for the purpose of tracking the status of all sexual assault kits in their custody and other entities contracting with such crime labs. The crime laboratories shall begin full participation in the system according to the implementation schedule established by the division of criminal justice services.
§ 6. Hospitals or other treatment centers with staff performing sexual assault forensic examinations shall participate in the statewide sexual assault kit tracking system established in section two of this act for the purpose of tracking the status of all sexual assault kits collected by or in the custody of hospitals and other entities contracting with hospitals. Hospitals shall begin full participation in the system according to the implementation schedule established by the division of criminal justice services.
§ 7. Prosecuting attorneys shall participate in the statewide sexual assault kit tracking system established in section two of this act for the purpose of tracking the status of all sexual assault kits connected to criminal investigations and prosecutions within the county. Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the division of criminal justice services.
§ 8. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to a statewide sexual assault kit tracking system
Purpose
To create a state-sanctioned system providing sexual assault victims a means to track the status of their sexual assault kits.
Summary of provisions
Section one subdivision 838-b would create a statewide sexual assault tracking system, permitting the division to contract with state or nonstate entities for the creation, operation, and maintenance of the system.
Section one subdivision 838-b(2) mandates that the system would track the location and status of sexual assault kits throughout the criminal justice process. Additionally, this section permits medical facilities, law enforcement, and other entities in the custody of sexual assault kits to update the system and track the status and location of those kits. Furthermore, this section permits victims to track the status of their kits at any time. Lastly, it requires the use of electronic technology or technologies to allow continuous access.
Section one subdivision 838-b{3) provides guidelines regarding "phasing in" the system and, upon being established, requires full participation of all entities involved in the system.
Section 838-b(4) requires the division to submit a semiannual report on the system to the appropriate committees of the legislature and governor. This section establishes the date of the first report at July 21, 2018 and subsequent reports January 31 and July 31 thereafter.
Section 838-b(5) assigns the assaults kits to the participating jurisdictions.
Justification
This bill will create a statewide sexual assault kit tracking system which will allow victims of sexual assault to track their evidence kits online throughout the testing and judicial processes. This system will provide victims with the means to monitor sexual assault evidence kits from the manufacturer, through the hospital, law enforcement agencies, the crime laboratory, and up through the judicial process.
Though New York has accomplished significant sexual assault kit reform in the recent past, a system to track those kits, and laws mandating compliance and participation in those systems, are essential to bring justice to the thousands of sexual assault victims in our state who are often left in the dark when it comes to the status of their sexual assault kits.
Legislative history
New Bill
Fiscal implications
None
Effective date
The act shall take immediately.
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