What's happening
This bill updates procedures and timelines for handling, reporting, and testing sexual offense evidence kits by police, prosecutors, and forensic labs.
Why it matters
Expands accountability and oversight. by requiring both police and prosecutorial agencies (not just general “law enforcement”) to inventory, report, and submit sexual offense evidence kits, increasing transparency and reducing the risk of kits being overlooked or untested.
Imposes stricter deadlines. for submitting and testing kits (e.g., reducing initial submission time from 180 to 130 days for old kits, and requiring forensic labs to report results within 90 days), which could help accelerate investigations and reduce case backlogs.
Mandates regular public reporting. on kit inventories, testing status, and reasons for not testing, with quarterly updates to legislative leaders, promoting ongoing legislative oversight and informing policy decisions.
Clarifies legal consequences. by stating that missing a deadline for processing or reporting kits cannot, by itself, be used as grounds to suppress evidence in court, balancing the need for timely procedures with the interest of justice.
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Who cares
Police agencies and prosecutors
The bill would require kit inventories and monthly updates before the submission requirement takes effect, and shorten the deadline for submitting existing untested kits from 180 to 30 days.
Forensic laboratories
The bill would require case-specific CODIS eligibility assessments before testing and quarterly reports explaining why kits were ineligible for processing.
Senate and Assembly leaders
The bill would give them kit inventories and annual access to quarterly reports from laboratories, police agencies and prosecutors.
Criminal defense attorneys
The bill would specify that a missed kit-processing deadline alone would not provide grounds for suppressing evidence.
Headline styles
Speed Up Rape Kit Testing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.6
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.4
- Substituted for A375
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
- Ordered to third reading cal.13
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Speed Up Rape Kit Processing
Assembly Floor Calendar · Sponsor Aravella Simotas
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
980
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
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 and a chapter of the laws of 2016 amending the executive law, relating to the processing and maintenance of sexual offense evidence kits, as proposed in legislative bills numbers A.10067-A and S.8117, in relation to making technical amendments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 838-a of the executive law, as added by a chapter of the laws of 2016, amending the executive law relating to processing and maintenance of sexual offense evidence kits, as proposed in legislative bills numbers A.10067-A and S.8117, is amended to read as follows:
§ 838-a. Maintenance of sexual offense evidence kits. 1. The following requirements shall apply to all sexual offense evidence kits surrendered to or collected by, at the request of, or with cooperation of [an agency engaged in a law enforcement function in the state] a police agency or prosecutorial agency:
(a) Each such police agency [engaged in a law enforcement function in the state] and prosecutorial agency shall submit any sexual offense evidence kits in its custody or control to an appropriate forensic laboratory within ten days of receipt.
(b) Each forensic laboratory receiving sexual offense evidence kits after the effective date of this section shall assess case specific information for Combined DNA Index System (CODIS) eligibility and, if eligible, analyze the kits and attempt to develop [Combined DNA Index System (CODIS)] CODIS eligible profiles of any potential perpetrators from the evidence [tested and, within ninety days after receipt of such kit,] submitted. The forensic lab shall report the results to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07066-01-7
S. 980 2
submitting agency and appropriate prosecutorial entity within ninety days after receipt of a kit.
(c) Each police agency and prosecutorial agency that has one or more sexual offense evidence kit in its custody or control shall, within ninety days after the effective date of this paragraph, inventory such kits and report the total number of such kits to the division and to the forensic laboratory where such kits will be submitted pursuant to paragraph (a) of this subdivision. The division shall provide such inventories to the senate and assembly leaders by March first, two thousand seventeen. Every police and prosecutorial agency shall update this report each month thereafter until paragraph (a) of this subdivision has become effective.
(d) Each [agency engaged in a law enforcement function in the state] police agency and prosecutorial agency that, prior to the effective date of paragraph (a) of this [section] subdivision, has one or more sexual offense evidence kits in its custody or control shall, within [one hundred eighty] thirty days after [such] the effective date of this section, submit all untested kits in its possession or control to an appropriate forensic laboratory.
[(d)] (e) Each forensic laboratory, within one hundred [and] twenty days after receiving each sexual offense evidence kit pursuant to paragraph [(c)] (d) of this subdivision shall assess case specific information for CODIS eligibility and, if eligible, analyze the kits and attempt to develop [from evidence submitted Combined DNA Index System (CODIS)] CODIS eligible profiles for any potential perpetrators and shall, within ninety days of [developing] such [profiles] assessment, report the results to the submitting agency and the appropriate prosecutorial entity.
(f) The failure of any such police agency, prosecutorial agency or forensic laboratory to comply with a time limit specified in this section shall not, in and of itself, constitute a basis for a motion to suppress evidence in accordance with section 710.20 of the criminal procedure law.
2. (a) Each forensic laboratory in the state shall report to the division, on a quarterly basis, in writing, on (i) the number of sexual offense evidence kits it received, (ii) the number of such kits processed for the purpose of developing Combined DNA Index System (CODIS) eligible profiles of any potential perpetrators, and (iii) the number of kits not processed for testing, including, the reason such kits were ineligible for processing.
(b) Each police agency [involved in a law enforcement function in the state] and prosecutorial agency shall report to the division on a quarterly basis, in writing, on (i) the number of all the sexual offense evidence kits it received, (ii) the number of such kits it submitted to a forensic laboratory for processing, (iii) the number of kits in its custody or control that have not been processed for testing, and (iv) the length of time between receipt of any such sexual offense evidence kit and the submission of any such kit to the forensic laboratory.
(c) The division shall provide to the senate and assembly leaders such quarterly reports received from the forensic labs and police and prosecutorial agencies pursuant to paragraphs (a) and (b) of this subdivision by January first, two thousand eighteen and annually thereafter.
3. The division shall undertake actions designed to ensure that all police agencies [engaged in a law enforcement function] and prosecutorial agencies in the state and all forensic laboratories are educated and aware of the provisions of this section.
S. 980 3
§ 2. Section 2 of a chapter of the laws of 2016, amending the executive law relating to the processing and maintenance of sexual offense evidence kits, as proposed in legislative bills numbers A.10067-A and S.8117, is amended to read as follows:
§ 2. This act shall take effect [on the ninetieth day] one year after it shall have become a law; provided, however, that paragraphs [(c) and (d)] (a) and (b) of subdivision 1 of section 838-a of the executive law as added by section one of this act, shall take effect [immediately] on the ninetieth day after this act shall have become a law; and provided further, however, that paragraph (c) of subdivision 1 of section 838-a of the executive law as added by section one of this act, shall take effect immediately.
§ 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2016, amending the executive law relating to the processing and maintenance of sexual offense evidence kits, as proposed in legislative bills numbers A.10067-A and S.8117, takes effect.
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 and a chapter of the laws of 2016 amending the executive law, relating to the processing and maintenance of sexual offense evidence kits, as proposed in legislative bills numbers A.10067-A and S.8117, in relation to making technical amendments
Purpose
This is a chapter amendment that would make technical amendments to certain provisions of L. 2016, c. 500, in order to clarify the entities to which the law applies, specify that Combined DNA Index System ("CODIS") profiles shall be developed from eligible evidence, and include an inventory requirement and a requirement of quarterly reporting to the leaders of the Senate end Assembly.
Summary of provisions
The chapter amendment would state explicitly that certain obligations placed on law enforcement entities apply to police and prosecutorial agencies. In amendments to paragraphs (b) and (e) of subdivision one of Executive Law 838-a, the bill would require that a DNA profile be developed when the biological evidence obtained is eligible for comparison to the federal CODIS database. The amendment also would add language in paragraph (c) of such subdivision, requiring both prosecutorial and police agencies to inventory the sexual offense evidence kits in their possession and submit this inventory to the NYS Division of Criminal Justice Services, as well as the leaders of the Senate and Assembly, by March 1, 2017. Additionally in amendments to paragraph (d) of subdivision one, the chapter amendment would shorten from 180 days to 30 days the period of time within which police and prosecutorial agencies would have to send kits currently in their possession to a forensic lab for analysis. Further, the amendment would add a paragraph (f) to this subdivision to state that an entity's failure to comply with the time frames for submission and testing would not, in and of itself, be grounds for suppression under section 710.20 of the Criminal Procedure Law. Lastly, the amendment would add a paragraph (c) to subdivision 2, to require that the NYS Division of Criminal Justice Services submit to the leaders of the Senate and Assembly quarterly reports it receives from the police and prosecutorial agencies and forensic labs concerning the status of sexual offense evidence kits in their possession or control. Section 2, of the bill would make changes to the law's effective date. The overall effective date would be changed from 90 days to one year, with the exception that paragraphs (a) and (b) of subdivision one of Executive Law 838-a would take effect in 90 days and paragraph (c) of such subdivision would take effect immediately.
Justification
This amendment is appropriate to clarify that the agencies engaged in a law enforcement function to which certain provisions of the bill apply are police agencies (see Exec. L. 835 (8)) and prosecutorial agencies. In addition, the amendment's reporting requirements will help ensure that the legislature is informed of any existing backlog and facilitate continued oversight through quarterly reporting.
Legislative history
New bill.
Fiscal implications
Minimal.
Effective date
One year effective date, with paragraphs (a) and (b) of subdivision one of Executive Law section 838-a to take effect in 90 days, and paragraph (c) of such subdivision one to take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.