Bill Text: NY A10760 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the processing and maintenance of sexual offense evidence kits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-12-23 - referred to codes [A10760 Detail]
Download: New_York-2015-A10760-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10760 IN ASSEMBLY December 23, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas) -- read once and referred to the Committee on Codes 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 amend- ments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 838-a of the executive law, as added by a chap- 2 ter of the laws of 2016, amending the executive law relating to process- 3 ing and maintenance of sexual offense evidence kits, as proposed in 4 legislative bills numbers A.10067-A and S.8117, is amended to read as 5 follows: 6 § 838-a. Maintenance of sexual offense evidence kits. 1. The following 7 requirements shall apply to all sexual offense evidence kits surrendered 8 to or collected by, at the request of, or with cooperation of [an agency9engaged in a law enforcement function in the state] a police agency or 10 prosecutorial agency: 11 (a) Each such police agency [engaged in a law enforcement function in12the state] and prosecutorial agency shall submit any sexual offense 13 evidence kits in its custody or control to an appropriate forensic labo- 14 ratory within ten days of receipt. 15 (b) Each forensic laboratory receiving sexual offense evidence kits 16 after the effective date of this section shall assess case specific 17 information for Combined DNA Index System (CODIS) eligibility and, if 18 eligible, analyze the kits and attempt to develop [Combined DNA Index19System (CODIS)] CODIS eligible profiles of any potential perpetrators 20 from the evidence [tested and, within ninety days after receipt of such21kit,] submitted. The forensic lab shall report the results to the 22 submitting agency and appropriate prosecutorial entity within ninety 23 days after receipt of a kit. 24 (c) Each police agency and prosecutorial agency that has one or more 25 sexual offense evidence kit in its custody or control shall, within EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13490-10-6A. 10760 2 1 ninety days after the effective date of this paragraph, inventory such 2 kits and report the total number of such kits to the division and to the 3 forensic laboratory where such kits will be submitted pursuant to para- 4 graph (a) of this subdivision. The division shall provide such invento- 5 ries to the senate and assembly leaders by March first, two thousand 6 seventeen. Every police and prosecutorial agency shall update this 7 report each month thereafter until paragraph (a) of this subdivision has 8 become effective. 9 (d) Each [agency engaged in a law enforcement function in the state] 10 police agency and prosecutorial agency that, prior to the effective date 11 of paragraph (a) of this [section] subdivision, has one or more sexual 12 offense evidence kits in its custody or control shall, within [one13hundred eighty] thirty days after [such] the effective date of this 14 section, submit all untested kits in its possession or control to an 15 appropriate forensic laboratory. 16 [(d)] (e) Each forensic laboratory, within one hundred [and] twenty 17 days after receiving each sexual offense evidence kit pursuant to para- 18 graph [(c)] (d) of this subdivision shall assess case specific informa- 19 tion for CODIS eligibility and, if eligible, analyze the kits and 20 attempt to develop [from evidence submitted Combined DNA Index System21(CODIS)] CODIS eligible profiles for any potential perpetrators and 22 shall, within ninety days of [developing] such [profiles] assessment, 23 report the results to the submitting agency and the appropriate prosecu- 24 torial entity. 25 (f) The failure of any such police agency, prosecutorial agency or 26 forensic laboratory to comply with a time limit specified in this 27 section shall not, in and of itself, constitute a basis for a motion to 28 suppress evidence in accordance with section 710.20 of the criminal 29 procedure law. 30 2. (a) Each forensic laboratory in the state shall report to the divi- 31 sion, on a quarterly basis, in writing, on (i) the number of sexual 32 offense evidence kits it received, (ii) the number of such kits proc- 33 essed for the purpose of developing Combined DNA Index System (CODIS) 34 eligible profiles of any potential perpetrators, and (iii) the number of 35 kits not processed for testing, including, the reason such kits were 36 ineligible for processing. 37 (b) Each police agency [involved in a law enforcement function in the38state] and prosecutorial agency shall report to the division on a quar- 39 terly basis, in writing, on (i) the number of all the sexual offense 40 evidence kits it received, (ii) the number of such kits it submitted to 41 a forensic laboratory for processing, (iii) the number of kits in its 42 custody or control that have not been processed for testing, and (iv) 43 the length of time between receipt of any such sexual offense evidence 44 kit and the submission of any such kit to the forensic laboratory. 45 (c) The division shall provide to the senate and assembly leaders such 46 quarterly reports received from the forensic labs and police and prose- 47 cutorial agencies pursuant to paragraphs (a) and (b) of this subdivision 48 by January first, two thousand eighteen and annually thereafter. 49 3. The division shall undertake actions designed to ensure that all 50 police agencies [engaged in a law enforcement function] and prosecutori- 51 al agencies in the state and all forensic laboratories are educated and 52 aware of the provisions of this section. 53 § 2. Section 2 of a chapter of the laws of 2016, amending the execu- 54 tive law relating to the processing and maintenance of sexual offense 55 evidence kits, as proposed in legislative bills numbers A.10067-A and 56 S.8117, is amended to read as follows:A. 10760 3 1 § 2. This act shall take effect [on the ninetieth day] one year after 2 it shall have become a law; provided, however, that paragraphs [(c) and3(d)] (a) and (b) of subdivision 1 of section 838-a of the executive law 4 as added by section one of this act, shall take effect [immediately] on 5 the ninetieth day after this act shall have become a law; and provided 6 further, however, that paragraph (c) of subdivision 1 of section 838-a 7 of the executive law as added by section one of this act, shall take 8 effect immediately. 9 § 3. This act shall take effect on the same date and in the same 10 manner as a chapter of the laws of 2016, amending the executive law 11 relating to the processing and maintenance of sexual offense evidence 12 kits, as proposed in legislative bills numbers A.10067-A and S.8117, 13 takes effect.