Bill Text: NY A10067 | 2015-2016 | General Assembly | Amended

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Bill Title: Provides for the processing of and maintenance of sexual offense evidence kits.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-06-16 - substituted by s8117 [A10067 Detail]

Download: New_York-2015-A10067-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10067--A
                   IN ASSEMBLY
                                      May 10, 2016
                                       ___________
        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the executive law, in relation to the processing and
          maintenance of 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. The executive law is amended by adding a new section 838-a
     2  to read as follows:
     3    § 838-a. Maintenance of sexual offense evidence kits. 1. The following
     4  requirements shall apply to all sexual offense evidence kits surrendered
     5  to or collected by, at the request of, or with cooperation of an  agency
     6  engaged in a law enforcement function in the state:
     7    (a)  Each  such  agency  engaged  in a law enforcement function in the
     8  state shall submit any sexual offense evidence kits in  its  custody  or
     9  control  to  an  appropriate  forensic  laboratory  within  ten  days of
    10  receipt.
    11    (b) Each forensic laboratory receiving sexual  offense  evidence  kits
    12  after  the  effective  date  of  this section shall develop Combined DNA
    13  Index System (CODIS) eligible profiles  of  any  potential  perpetrators
    14  from  the  evidence tested and, within ninety days after receipt of such
    15  kit, report the results to the submitting agency and appropriate  prose-
    16  cutorial entity.
    17    (c)  Each  agency  engaged  in a law enforcement function in the state
    18  that, prior to the effective date of this section, has one or more sexu-
    19  al offense evidence kits in its custody or  control  shall,  within  one
    20  hundred  eighty days after such effective date, submit all untested kits
    21  in its possession or control to an appropriate forensic laboratory.
    22    (d) Each forensic laboratory, within one hundred and twenty days after
    23  receiving each sexual offense evidence kit pursuant to paragraph (c)  of
    24  this  subdivision  shall  develop  from  evidence submitted Combined DNA
    25  Index System (CODIS) eligible profiles for  any  potential  perpetrators
    26  and  shall,  within  ninety days of developing such profiles, report the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13490-06-6
        A. 10067--A                         2
     1  results to the submitting agency and the appropriate prosecutorial enti-
     2  ty.
     3    2. (a) Each forensic laboratory in the state shall report to the divi-
     4  sion,  on  a  quarterly  basis,  in writing, on (i) the number of sexual
     5  offense evidence kits it received, (ii) the number of  such  kits  proc-
     6  essed  for  the  purpose of developing Combined DNA Index System (CODIS)
     7  eligible profiles of any potential perpetrators, and (iii) the number of
     8  kits not processed for testing.   (b) Each  agency  involved  in  a  law
     9  enforcement  function  in  the  state  shall report to the division on a
    10  quarterly basis, in writing, on (i) the number of all the sexual offense
    11  evidence kits it received, (ii) the number of such kits it submitted  to
    12  a  forensic  laboratory  for processing, (iii) the number of kits in its
    13  custody or control that have not been processed for  testing,  and  (iv)
    14  the  length  of time between receipt of any such sexual offense evidence
    15  kit and the submission of any such kit to the forensic laboratory.
    16    3. The division shall undertake actions designed to  ensure  that  all
    17  agencies  engaged  in  a  law  enforcement function in the state and all
    18  forensic laboratories are educated and aware of the provisions  of  this
    19  section.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law; provided, however, that paragraphs  (c)  and  (d)  of
    22  subdivision  1 of section 838-a of the executive law as added by section
    23  one of this act, shall take effect immediately.