Bill Text: NY A08401 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the establishment of a sexual assault victim bill of rights by the department of health, in consultation with the division of criminal justice services and the office of victim services; establishes a victim's right to notice.
Spectrum: Moderate Partisan Bill (Democrat 26-5)
Status: (Passed) 2018-12-21 - signed chap.407 [A08401 Detail]
Download: New_York-2017-A08401-Introduced.html
Bill Title: Provides for the establishment of a sexual assault victim bill of rights by the department of health, in consultation with the division of criminal justice services and the office of victim services; establishes a victim's right to notice.
Spectrum: Moderate Partisan Bill (Democrat 26-5)
Status: (Passed) 2018-12-21 - signed chap.407 [A08401 Detail]
Download: New_York-2017-A08401-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8401 2017-2018 Regular Sessions IN ASSEMBLY June 13, 2017 ___________ Introduced by M. of A. SIMOTAS -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law and the executive law, in relation to establishing a sexual assault survivor bill of rights; and to amend the executive law, in relation to establishing a victim's right to notice and requiring a study relating to the feasibility of establish- ing a statewide tracking system for sexual offense evidence kits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 2805-i of the public health law is 2 renumbered subdivision 8, and two new subdivisions 6 and 7 are added to 3 read as follows: 4 6. (a) The department, in conjunction with the division of criminal 5 justice services, the department of law and the office of victim 6 services, shall establish a sexual assault survivor bill of rights for 7 purposes of informing sexual offense victims of their rights under state 8 law. Such bill of rights shall include, at a minimum: 9 (1) the right of the victim to consult with a local rape crisis or 10 victim assistance organization, to have a representative of such organ- 11 ization accompany the victim through the sexual offense examination, and 12 to have such an organization be summoned by the medical facility, police 13 agency or prosecutorial agency before the commencement of the physical 14 examination or interview, unless no rape crisis or victim assistance 15 organization can be summoned in a reasonably timely manner; 16 (2) the right of the victim to be offered and have made available 17 appropriate post-exposure treatment therapies, including a seven day 18 starter pack of HIV post-exposure prophylaxis, in cases where it has 19 been determined that a significant exposure to HIV has occurred; 20 (3) the right to receive information relating to and the provision of 21 emergency contraception in accordance with section twenty-eight hundred 22 five-p of this article; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11584-03-7A. 8401 2 1 (4) the right to be offered contact information for the police agency 2 or prosecutorial agency with jurisdiction over the sexual offense and be 3 informed, upon request of the victim, with notice of the date and 4 location upon which their sexual offense evidence kit was assessed for 5 combined DNA Index System (CODIS) eligibility and analyzed, whether a 6 CODIS eligible profile was developed and/or a DNA match was identified, 7 and the estimated destruction date, if any, for the sexual offense 8 evidence kit in a manner of communication designated by the victim, 9 unless such information would impede an ongoing investigation; and 10 (5) the right to be informed when there is any change in the status of 11 their case or reopening of the case. 12 (b) Before a medical facility commences a physical examination of a 13 sexual offense victim, or a police agency or prosecutorial agency 14 commences an interview of a sexual offense victim, the healthcare 15 professional conducting the exam, police agency or prosecutorial agency 16 shall inform the victim of his or her rights and provide a copy of the 17 sexual assault survivor bill of rights. 18 7. The department, in conjunction with the office of victim services 19 and the division of criminal justice services, shall conduct a study on 20 the maintenance of sexual offense evidence kits, such that it shall 21 determine the feasibility and the benefits of increasing the time and 22 manner in which hospitals must maintain sexual offense evidence kits. 23 The commissioner shall submit a report of the department's findings and 24 recommendations on what, if any, changes should be made to the laws 25 relating thereto to increase the time and manner hospitals are required 26 to maintain sexual offense evidence, to the governor, the temporary 27 president of the senate and the speaker of the assembly on or before May 28 first, two thousand eighteen. 29 § 2. Paragraph (f) of subdivision 1 of section 838-a of the executive 30 law, as added by chapter 6 of the laws of 2017, is amended to read as 31 follows: 32 (f) The failure of any such police agency, prosecutorial agency or 33 forensic laboratory to comply with [a time limit specified in] this 34 section or section eight hundred thirty-eight-b of this article shall 35 not, in and of itself, constitute a basis for a motion to suppress 36 evidence in accordance with section 710.20 of the criminal procedure 37 law. 38 § 3. Subdivision 3 of section 838-a of the executive law is renumbered 39 subdivision 4 and a new subdivision 3 is added to read as follows: 40 3. Each police agency and prosecutorial agency within this state shall 41 adopt policies and procedures concerning contact with the victims and 42 the provision of information to victims, upon request, concerning their 43 sexual offense evidence kits. The policies and procedures shall be 44 evidence-based and survivor-focused and shall include, at a minimum, a 45 requirement that: 46 (a) the police agency and prosecutorial agency designate at least one 47 person, who is trained in trauma and victim response, within its agency 48 to receive all inquiries concerning sexual offense evidence kits from 49 victims; and 50 (b) at the time that a sexual offense evidence kit is collected, a 51 victim be provided with general contact information for the police agen- 52 cy and prosecutorial agency with jurisdiction over the sexual assault 53 offense. 54 § 4. The executive law is amended by adding a new section 838-b to 55 read as follows:A. 8401 3 1 § 838-b. Victim's right to notice: Each police agency and prosecutori- 2 al agency with jurisdiction over the sexual assault offense shall, upon 3 request of the victim, provide the sexual offense victim with notice of 4 the date and location upon which his or her sexual offense evidence kit 5 was assessed for CODIS eligibility and analyzed, whether a CODIS eligi- 6 ble profile was developed and/or a DNA match was identified, and the 7 estimated destruction date, if any, for the kit in a manner of communi- 8 cation designated by the victim, unless such information would impede an 9 ongoing investigation, as outlined in the sexual assault survivors bill 10 of rights established pursuant to subdivision six of section twenty- 11 eight hundred five-i of the public health law. 12 § 5. The executive law is amended by adding a new section 838-c to 13 read as follows: 14 § 838-c. Study and report on establishing a statewide sexual offense 15 evidence kit tracking system. The division shall conduct a study relat- 16 ing to the feasibility of establishing a statewide sexual offense 17 evidence kit tracking system to streamline law enforcement tracking, 18 create greater transparency and accountability in ensuring compliance 19 with this article and to provide a way for survivors to check the status 20 of his or her sexual offense evidence kit throughout the entire process, 21 from collection to conviction. The commissioner shall submit a report of 22 the division's findings and recommendations to the governor, the tempo- 23 rary president of the senate and the speaker of the assembly on or 24 before May first, two thousand eighteen. 25 § 6. This act shall take effect immediately, except that: 26 (a) Subdivision 6 of section 2805-i of the public health law, as added 27 by section one of this act, shall take effect on the ninetieth day after 28 this act shall have become a law; provided that, effective immediately 29 the department of health is authorized to establish and make available 30 the sexual assault survivor bill of rights, required to be established 31 pursuant to such subdivision, on or before the effective date thereof; 32 and 33 (b) sections two, three and four of this act shall take effect on the 34 ninetieth day after this act shall have become a law, provided that if 35 section 838-a of the executive law shall not have taken effect on or 36 before such date, then sections two and three of this act shall take 37 effect on the same date and manner as section 2 of chapter 500 of the 38 laws of 2016, as amended.
