A08401 Summary:

BILL NOA08401C
 
SAME ASSAME AS S08977
 
SPONSORSimotas
 
COSPNSROtis, Dinowitz, Mayer, Dickens, Quart, De La Rosa, Niou, Rivera, Mosley, Barron, McDonald, Zebrowski, Crouch, Simon, Gottfried, Cahill, Giglio, Hevesi, Pellegrino, Galef, Glick, Weprin, Rosenthal L, Fahy, Curran, Walsh, Espinal
 
MLTSPNSRAbbate, Braunstein, Miller ML
 
Amd 2805-i, Pub Health L; amd 838-a, add 838-b, Exec L
 
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.
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A08401 Actions:

BILL NOA08401C
 
06/13/2017referred to health
01/03/2018referred to health
01/30/2018amend (t) and recommit to health
01/30/2018print number 8401a
05/30/2018amend (t) and recommit to health
05/30/2018print number 8401b
06/05/2018reported referred to codes
06/05/2018reported referred to ways and means
06/07/2018reported referred to rules
06/08/2018amend and recommit to rules 8401c
06/13/2018reported
06/13/2018rules report cal.164
06/13/2018ordered to third reading rules cal.164
06/14/2018passed assembly
06/14/2018delivered to senate
06/14/2018REFERRED TO RULES
06/19/2018SUBSTITUTED FOR S8977
06/19/20183RD READING CAL.1985
06/19/2018PASSED SENATE
06/19/2018RETURNED TO ASSEMBLY
12/11/2018delivered to governor
12/21/2018signed chap.407
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A08401 Committee Votes:

HEALTH Chair:Gottfried DATE:06/05/2018AYE/NAY:26/0 Action: Favorable refer to committee Codes
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeWalterAye
CahillAyeGarbarinoAye
PaulinAyeByrneAye
CymbrowitzAyeNorrisAye
GuntherAye
RosenthalAye
HevesiAye
LavineAye
TitoneAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteAye

CODES Chair:Lentol DATE:06/05/2018AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye

WAYS AND MEANS Chair:Weinstein DATE:06/07/2018AYE/NAY:32/0 Action: Favorable refer to committee Rules
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeWalterAye
PerryAyeMontesanoAye
ColtonAyeCurranAye
CookAyeRaAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinExcused
RodriguezAye
RamosAye
BraunsteinAye
McDonaldExcused
RozicAye
Peoples-StokesAye
SimotasAye

RULES Chair:Heastie DATE:06/13/2018AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperExcusedRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A08401 Floor Votes:

DATE:06/14/2018Assembly Vote  YEA/NAY: 134/0
AbbateERCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoERCrouchYGlickYMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettYDe La RosaYHevesiYMill B YRaYTitoneY
BarronYDenDekkerYHikindERMill MGYRaiaYTitusER
BenedettoYDickensYHooperERMill MLYRamosYVanelY
BichotteERDilanYHunterYMontesanoYRichardsonERWalkerY
BlakeERDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroERJaffeeYMorinelloYRodriguezERWalshY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRose L YWeinsteinY
BraunsteinYEpsteinYJohnsYNiouYRozicYWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsER
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorYOrtizYSimonYMr SpkrY
CahillYFitzpatrickYLavineYOtisYSimotasY
CarrollYFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonYGanttERLiftonYPaulinYSolagesY

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A08401 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8401C
 
SPONSOR: Simotas
  TITLE OF BILL: An act to amend the public health law and the execu- tive law, in relation to establishing a sexual assault victim bill of rights; and to amend the executive law, in relation to maintenance of sexual assault evidence, establishing a victim's right to notice prior to destruction   PURPOSE: To provide 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 (DCJS), the Office of Victim Services, hospi- tals and other health care providers, and victim advocacy organizations. This bill also establishes a Victim's Right to Notice about the status of their sexual offense evidence kit.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 6 of section 2805-i of the public health law by renumbering it as subdivision 7 and adds a new subdivision 6 to require the Department of Health, in consultation with DCJS, the Office of Victim Services, hospitals and other health care providers, and victim advocacy organizations to establish a Sexual Assault Victim Bill of Rights for purposes of informing sexual assault victims of their rights under state law. Section 2 amends the executive law by renumbering the current subdivi- sion 3 of section 838-a as subdivision 4 and adds a new subdivision 3 to provide that each police agency, prosecutorial agency, and other law enforcement agency shall adopt policies and procedures concerning contact with sexual assault victims and the provision of information to victims, upon request, concerning their sexual assault evidence kits. Section 3 amends the executive law by adding a new section 838-b to create a Victim's Right to Notice, which provides that a sexual assault victim has the right to be notified of the date and location at which their sexual offense evidence kit was assessed and analyzed, whether a CODIS eligible profile was developed, and whether a DNA match was iden- tified, provided that the police agency, prosecutorial agency, or other law enforcement agency serving the jurisdiction may temporarily delay release of DNA match information if it would compromise an ongoing investigation. Section 4 provides the effective date of this act.   JUSTIFICATION: While New York has made great progress in strengthening our laws to eliminate the backlog of rape kits statewide and prevent premature destruction of evidence, it is clear that more must be done to support sexual assault survivors through every stage of the criminal justice process. This legislation requires the Department of Health, in consul- tation with DCJS, the Office of Victim Services and other stakeholders, to establish a Sexual Assault Victim Bill of Rights for purposes of informing sexual assault victims of their rights under state law, including the right to consult with a rape crisis or victim assistance organization, the right to appropriate health care services at no cost, and the right to receive updates on their sexual offense evidence kit and the status of their case. Notifying victims of their legal rights will help ensure survivors are aware of the services available to them and provided with the information they need to navigate complicated medical and criminal justice systems. Additionally, this bill requires all law enforcement agencies to adopt policies for communicating with survivors that are victim-focused and trauma-informed. Finally, this legislation creates a Victim's Right to Notice to enable a survivor to request information on their sexual offense evidence kit from the police agency or prosecutorial agency with jurisdiction over the crime. Togeth- er, these provisions will create greater transparency and accountability and help ensure that all sexual assault survivors are treated with dignity, compassion, and respect.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect 180 days after it becomes law, except that effective immediately, the addition, amendment, and/or repeal of any rules and regulations necessary to implement the provisions of this act on its effective date, including the compiling of the Sexual Assault Victim Bill of Rights, are authorized and directed to be completed on or before such effective date.
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A08401 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8401--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 13, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SIMOTAS,  OTIS,  DINOWITZ,  DICKENS,  QUART,
          DE LA ROSA, NIOU, RIVERA, MOSLEY, BARRON, McDONALD, ZEBROWSKI, CROUCH,
          SIMON, GOTTFRIED, CAHILL, GIGLIO, HEVESI,  PELLEGRINO,  GALEF,  GLICK,
          WEPRIN,  L. ROSENTHAL -- Multi-Sponsored by -- M. of A. ABBATE, BRAUN-
          STEIN, M. L. MILLER -- read once and  referred  to  the  Committee  on
          Health  --  recommitted  to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee  on  Codes -- reported and referred to the Committee on
          Ways and Means -- reported and referred to the Committee on  Rules  --
          Rules Committee discharged, bill amended, ordered reprinted as amended
          and recommitted to the Committee on Rules
 
        AN ACT to amend the public health law and the executive law, in relation
          to  establishing  a sexual assault victim bill of rights; and to amend
          the executive law,  in  relation  to  maintenance  of  sexual  assault
          evidence, establishing a victim's right to notice prior to destruction
 
          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 7 and a new subdivision 6 is  added  to  read  as
     3  follows:
     4    6.  (a)  The department, in consultation with the division of criminal
     5  justice services, the office of victim services, hospitals, other health
     6  care providers and victim advocacy organizations, shall publish a sexual
     7  assault victim bill of rights for purposes of informing  sexual  offense
     8  victims  of  their  rights under state law. Such bill of rights shall be
     9  prominently published on the department's website, in at least  the  ten
    10  most common languages spoken in this state, and distributed to hospitals
    11  as a document which shall be provided to every presenting sexual offense
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11584-20-8

        A. 8401--C                          2
 
     1  victim.  The  department  may  update the bill of rights as necessary to
     2  reflect changes in state law and more accurately explain the  law.  Such
     3  bill  of  rights  shall  be  in  plain, easy to understand language, and
     4  include the right of the victim to:
     5    (1) consult with a local rape crisis or local victim assistance organ-
     6  ization,  to  have  a  representative of such organization accompany the
     7  victim through the sexual offense  examination,  and  to  have  such  an
     8  organization  be summoned by the medical facility, police agency, prose-
     9  cutorial agency or other law enforcement agency before the  commencement
    10  of the physical examination or interview, pursuant to this section;
    11    (2) be offered and have made available at no cost appropriate post-ex-
    12  posure  treatment  therapies,  including a seven day starter pack of HIV
    13  post-exposure prophylaxis in accordance with paragraph (c)  of  subdivi-
    14  sion one of this section and subdivision thirteen of section six hundred
    15  thirty-one of the executive law;
    16    (3)  a health care forensic examination at no cost and the right to be
    17  notified of the option to decline to provide  private  health  insurance
    18  information  and have the office of victim services reimburse the hospi-
    19  tal for the  examination  under  subdivision  thirteen  of  section  six
    20  hundred thirty-one of the executive law;
    21    (4)  receive  information  relating  to and the provision of emergency
    22  contraception in accordance with section twenty-eight hundred five-p  of
    23  this article;
    24    (5) be offered contact information for the police agency, prosecutori-
    25  al  agency  or  other  law enforcement agency with jurisdiction over the
    26  sexual offense and be informed, upon request of the victim, of the  date
    27  and  location at which such sexual offense evidence kit was assessed for
    28  Combined DNA Index System (CODIS) eligibility and  analyzed,  whether  a
    29  CODIS  eligible profile was developed and whether or not a DNA match was
    30  identified, provided, however, that  the  police  agency,  prosecutorial
    31  agency  or  other  law  enforcement  agency serving the jurisdiction may
    32  temporarily delay release of such DNA match information to  the  victim,
    33  prior to the arrest of a suspect alleged to have committed such offense,
    34  if such agency documents in writing and notifies the victim that release
    35  of  such  information  would  compromise the successful investigation of
    36  such sexual offense;
    37    (6) be notified between thirty and ten days prior to the transfer of a
    38  sexual offense evidence kit from the hospital to another storage facili-
    39  ty in accordance with paragraph (h) of subdivision two of this  section,
    40  the  right to have a sexual offense evidence kit maintained at an appro-
    41  priate storage facility for twenty years from the  date  of  collection,
    42  the  right,  if  not  previously consented to, to consent to release the
    43  evidence to law enforcement at any time during  the  twenty  years  from
    44  collection, and the right to be notified by such facility at least nine-
    45  ty  days  prior  to  the expiration of the twenty-year storage period in
    46  accordance with paragraph (k) of subdivision two of this section; and
    47    (7) be notified by the prosecutorial agency with jurisdiction of judi-
    48  cial proceedings relating to their case in accordance with article twen-
    49  ty-three of the executive law; and
    50    (8) decide whether or not the victim wishes to report the  offense  to
    51  law enforcement.
    52    (b)  Before  a  medical facility commences a physical examination of a
    53  sexual offense victim, or a police agency, prosecutorial agency or other
    54  law enforcement agency  commences  an  interview  of  a  sexual  offense
    55  victim, the health care professional conducting the exam, police agency,
    56  prosecutorial  agency  or  other law enforcement agency shall inform the

        A. 8401--C                          3
 
     1  victim of the victim's rights by providing a copy of this sexual assault
     2  victim bill of rights and offering to explain such rights.
     3    §  2. Paragraph (f) of subdivision 1 of section 838-a of the executive
     4  law, as added by chapter 6 of the laws of 2017, is amended,  subdivision
     5  3  is  renumbered subdivision 4 and a new subdivision 3 is added to read
     6  as follows:
     7    (f) The failure of any such police  agency,  prosecutorial  agency  or
     8  forensic  laboratory  to  comply  with  a  time  limit specified in this
     9  section or section eight hundred thirty-eight-b of  this  article  shall
    10  not,  in  and  of  itself,  constitute  a basis for a motion to suppress
    11  evidence in accordance with section 710.20  of  the  criminal  procedure
    12  law.
    13    3.  Each police agency, prosecutorial agency and other law enforcement
    14  agency within this state shall adopt policies and procedures  concerning
    15  contact  with  victims of sexual offenses, and the provision of informa-
    16  tion  to  victims  upon  request,  concerning  sexual  offense  evidence
    17  collected  or  received from them.  The policies and procedures shall be
    18  victim-focused, meaning systematically focused on the needs and concerns
    19  of victims  to  ensure  the  compassionate  and  sensitive  delivery  of
    20  services  in a nonjudgemental manner, and shall include, at a minimum, a
    21  requirement that:
    22    (a) the police agency, prosecutorial agency or other  law  enforcement
    23  agency  designate  at  least  one  person,  who is trained in trauma and
    24  victim response through a program meeting minimum standards  established
    25  by  the  division  of  criminal  justice services, following appropriate
    26  guidelines  on  evidence-based,  trauma-informed  practices,  which  may
    27  include  guidelines  from the Substance Abuse and Mental Health Services
    28  Administration, within its agency to receive  all  inquiries  concerning
    29  sexual offense evidence kits from victims; and
    30    (b)  at  the  time  that a sexual offense evidence kit is collected, a
    31  victim shall be provided with: (i) a copy of the victim bill  of  rights
    32  described  in  subdivision six of section twenty-eight hundred five-i of
    33  the public health law; and (ii) contact information, including  a  name,
    34  phone  number and e-mail address, for the individual designated pursuant
    35  to paragraph (a) of this subdivision at the police agency, prosecutorial
    36  agency or other law enforcement agency with jurisdiction over the sexual
    37  offense.
    38    § 3. The executive law is amended by adding a  new  section  838-b  to
    39  read as follows:
    40    §  838-b.  Victim's right to notice. Each police agency, prosecutorial
    41  agency and other law enforcement agency with jurisdiction over a  sexual
    42  offense  shall,  upon  request of the victim who has consented to report
    43  such offense to law enforcement, provide the sexual offense victim  with
    44  notice  of  the  date  and  location  at  which  sexual offense evidence
    45  collected or received from such victim is assessed for CODIS eligibility
    46  and analyzed, whether a CODIS eligible profile was developed and whether
    47  or not a DNA match was identified, provided, however,  that  the  police
    48  agency, prosecutorial agency or other law enforcement agency serving the
    49  jurisdiction may temporarily delay release of such DNA match information
    50  to  the victim, prior to the arrest of a suspect alleged to have commit-
    51  ted such offense, if such agency documents in writing and  notifies  the
    52  victim  that release of such information would compromise the successful
    53  investigation of such sexual offense.  The police or prosecutorial agen-
    54  cy or other law enforcement agency in possession  of  a  sexual  offense
    55  evidence kit shall notify the sexual offense victim at least ninety days
    56  prior  to the expiration of the twenty-year storage period in accordance

        A. 8401--C                          4
 
     1  with paragraph (k) of subdivision two of  section  twenty-eight  hundred
     2  five-i of the public health law.
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become a law. Effective immediately, however, the addi-
     5  tion, amendment, and/or repeal of any rules and regulations necessary to
     6  implement the provisions of this act on its  effective  date,  including
     7  the  compiling  of  the sexual assault victim bill of rights required by
     8  section one of this act, are authorized and directed to be completed  on
     9  or before such effective date.
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