Directs the division of criminal justice services in consultation with the department of health, office of victim services, division of state police, and the New York State Coalition Against Sexual Abuse to develop and implement a statewide electronic tracking system for evidence collection kits used to collect and preserve evidence of a sexual assault or other sex offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9596a
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to implementing a
statewide electronic tracking system for evidence collection kits used
to collect and preserve evidence of a sexual assault or other sex
offense
PURPOSE:
This bill establishes a statewide electronic tracking system for rape
kits.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 8 to section 2805-i of the public
health law, to require the Division of Criminal Justice Services, in
consultation with the Department of Health, Office of Victim Services,
the Division of State Police and the New York State Coalition Against
Sexual Assault to establish a statewide electronic tracking system for
rape kits. The system must track the location and status of each
evidence collection kit through the criminal justice process, including
the initial collection of evidence for the kit performed at a healthcare
facility, receipt and storage of the evidence collection kit at a law
enforcement agency, receipt and analysis of the evidence.
Healthcare facilities which perform forensic medical examinations, law
enforcement agencies, accredited crime laboratories, prosecutors and
other entities must provide a chain of custody for an evidence
collection kit to update and track the status and location of the kits.
Survivors will have the ability to anonymously track or receive updates
regarding the status and location of their evidence collection kit.
Section 2 establishes the effective date.
JUSTIFICATION:
Currently, 33 states and Washington DC have either implemented or are in
the process of implementing sexual assault kit tracking systems. These
tracking systems give survivors agency and allow them to access informa-
tion about the status of their rape kit, when and if, they are ready.
Often, survivors leave the hospital and never hear about their kit
again. Those who follow up with law enforcement have reported facing
trauma, victim blaming, or contempt and disregard for their sexual
assault. Access to information about the status and location of their
rape kits can help survivors counter the loss of self-determination and
control that is often at the core of a sexual assault experience. When
systems have a victim portal, it allows the survivor to have clarity on
the status and location of their kit. These systems are also a crucial
tool to hold hospitals, law enforcement, and state labs accountable for
timely processing.
The 2018 enacted budget required the Department of Health, Office of
Victim Services, Department of Criminal Justice Services, and Division
of State Police to jointly study and make recommendations on creating a
statewide tracking system. Unfortunately, this directive has yet to
result in the state creating a tracking system. This legislation will
require the Division of Criminal Justice Services, in consultation with
the Department of Health, Office of Victim Services, Division of State
Police, and the New York State Coalition Against Sexual Assault to
develop a rape kit tracking system. All medical providers, law enforce-
ment, forensic laboratories, and any other individuals or entities that
have custody of the kit will be required to participate no later than
January 1, 2024.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9596--A
IN ASSEMBLY
March 18, 2022
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to implementing a
statewide electronic tracking system for evidence collection kits used
to collect and preserve evidence of a sexual assault or other sex
offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2805-i of the public health law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. (a) The division of criminal justice services in consultation with
4 the department, the office of victim services, the division of state
5 police, and the New York State Coalition Against Sexual Assault shall
6 develop and implement a statewide electronic tracking system for
7 evidence collection kits used to collect and preserve evidence of a
8 sexual assault or other sex offense.
9 (b) The division of criminal justice services shall implement proto-
10 cols and administer the statewide electronic tracking system. The divi-
11 sion of criminal justice services shall promulgate rules and guidelines
12 to ensure that previously untested sexual assault evidence collection
13 kits are trackable and are entered into the statewide electronic track-
14 ing system developed pursuant to this subdivision, and that survivors
15 are given notice of how they may track their own sexual assault evidence
16 collection kit. Any law enforcement agency, medical provider or forensic
17 laboratory that has in its custody a previously untested sexual assault
18 evidence collection kit used for a forensic medical examination shall
19 comply with the established protocols, rules and guidelines relating to
20 all such untested sexual assault evidence collection kits. To the
21 extent practicable, in collaboration with rape crisis and local victim
22 assistance organizations, and consistent with protecting victim confi-
23 dentiality for unreported sexual assaults, a law enforcement agency
24 having custody of a previously untested sexual assault evidence
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14029-07-2
A. 9596--A 2
1 collection kit shall take reasonable measures to provide appropriate
2 tracking information to the affected survivor.
3 (c) The statewide electronic tracking system shall:
4 (1) Track the location and status of each evidence collection kit
5 through the criminal justice process, including the initial collection
6 of evidence for the kit in a forensic medical examination performed at a
7 healthcare facility, receipt and storage of the evidence collection kit
8 at a law enforcement agency, receipt and analysis of the evidence
9 collection kit at an accredited crime laboratory, and storage and
10 destruction of the kit after the applicable evidence is analyzed;
11 (2) Allow a healthcare facility performing a forensic medical examina-
12 tion of a survivor, law enforcement agency, accredited crime laboratory,
13 prosecutor or other entity providing a chain of custody for an evidence
14 collection kit to update and track the status and location of the kits;
15 and
16 (3) Allow a survivor to anonymously track or receive updates regarding
17 the status and location of such survivor's evidence collection kit.
18 (d) No later than January first, two thousand twenty-four, the depart-
19 ment shall require participation in the statewide electronic tracking
20 system established pursuant to this subdivision by all medical provid-
21 ers, law enforcement agencies, forensic laboratories or other persons or
22 entities having custody or use of any sexual assault evidence collection
23 kit in the state. Such entities shall participate in the tracking system
24 and comply with all established protocols, rules and guidelines. A
25 participating entity shall be permitted to access the entity's tracking
26 information through the statewide electronic tracking system.
27 (e) Records entered into the tracking system are confidential.
28 Records relating to an evidence collection kit may be accessed only by:
29 (1) the survivor for whom the evidence collection kit was completed;
30 or
31 (2) an employee of an entity described by paragraph (d) of this subdi-
32 vision for purposes of updating or tracking the status or location of
33 the evidence collection kit.
34 (f) For purposes of this section:
35 (1) "previously untested sexual assault evidence collection kit" shall
36 mean an evidence collection kit that has not undergone forensic testing;
37 (2) "evidence collection kit" shall mean a human biological specimen
38 or specimens collected by a healthcare provider during a forensic
39 medical examination from the victim of a sexual assault or other sex
40 offense; and
41 (3) "survivor" shall mean an individual who is the victim of a sexual
42 offense from whom a human biological specimen or specimens collected by
43 a healthcare provider during a forensic medical examination.
44 § 2. This act shall take effect immediately.
