What's happening
This bill requires annual inventory and reporting by law enforcement on untested sexual offense evidence kits, with statewide reports sent to state officials.
Why it matters
Creates accountability and transparency. By requiring annual inventories and written reports from every law enforcement agency, the bill forces agencies to closely track untested sexual offense evidence kits, making it harder for kits to be forgotten or ignored.
Highlights the scope of the backlog. Mandating detailed reporting (including the number of untested kits and the date each was collected) provides a clearer picture of how large and old the backlog is—information critical for policymakers, advocates, and the public to understand the extent of the problem.
Enables statewide oversight and policy response. Statewide aggregation of this data, with reports sent to the governor and legislative leaders, allows state officials to identify patterns, allocate resources, and potentially drive reforms to ensure timely testing of evidence kits.
Supports justice for survivors. By exposing delays and enabling targeted interventions, this process can help ensure that evidence from sexual offense cases is processed more quickly, increasing the chances for justice and closure for survivors.
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Who cares
Law enforcement agencies storing sexual offense evidence kits
They would have to inventory all stored kits annually and report the number of untested kits and their collection dates to the division.
Division of Criminal Justice Services
It would have to report annually to the governor and legislative leaders on untested kits by county and law enforcement agency, including collection dates.
Sexual offense survivors
The bill would require annual accounting of evidence kits that have not been submitted to a qualified laboratory for serology or DNA testing.
Governor and legislative leaders
They would receive annual reports documenting where untested kits are stored and when they were collected.
Headline styles
Report Untested Rape Kits
Plain English, a few words. Used as the page title.
Sponsors
10 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
3537
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. PALMESANO, BLANKENBUSH, CROUCH, GIGLIO, FRIEND, DiPIETRO -- Multi-Sponsored by -- M. of A. BARCLAY, LAWRENCE, McDO- NOUGH, B. MILLER, MONTESANO, MORINELLO, RAIA -- 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 nineteen, 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.
LBD07549-01-9
A. 3537 2
3. By the first of November, two thousand nineteen, 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 twenty, 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.