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Provides for a statewide electronic tracking system for evidence collection kits used to collect and preserve evidence of a sexual assault or other sex offense
(D, WF) Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jun 03, 2022 | returned to senate passed assembly ordered to third reading rules cal.707 substituted for a9596a |
| May 31, 2022 | referred to codes delivered to assembly passed senate |
| May 25, 2022 | ordered to third reading cal.1547 |
| May 17, 2022 | reported and committed to rules |
| May 11, 2022 | reported and committed to finance |
| Mar 29, 2022 | print number 7867a |
| Mar 29, 2022 | amend and recommit to health |
| Jan 14, 2022 | referred to health |
(D) 30th Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
View additional co-sponsors
(D) 20th Senate District
See Assembly Version of this Bill: A9596 Law Section: Public Health Law Laws Affected: Amd §2805-i, Pub Health L
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.
BILL NUMBER: S7867 SPONSOR: BIAGGI 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 of 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, and Division of State Police to establish a statewide electronic track- ing 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 information 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 Division of Criminal Justice Services in consultation with the Department of Health, Office of Victim Services, and Division of State Police to develop a rape kit tracking system. All medical providers, law enforcement, forensic laboratories, and any other individuals or enti- ties 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.
S T A T E O F N E W Y O R K ________________________________________________________________________ 7867 I N S E N A T E January 14, 2022 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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: Section 1. Section 2805-i of the public health law is amended by adding a new subdivision 8 to read as follows: 8. (A) THE DIVISION OF CRIMINAL JUSTICE SERVICES IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF VICTIM SERVICES, AND THE DIVISION OF STATE POLICE SHALL 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. (B) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMPLEMENT PROTO- COLS AND ADMINISTER THE STATEWIDE ELECTRONIC TRACKING SYSTEM. THE DIVI- SION OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE RULES AND GUIDELINES TO ENSURE THAT PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KITS ARE TRACKABLE AND ARE ENTERED INTO THE STATEWIDE ELECTRONIC TRACK- ING SYSTEM DEVELOPED PURSUANT TO THIS SUBDIVISION, AND THAT SURVIVORS ARE GIVEN NOTICE OF HOW THEY MAY TRACK THEIR OWN SEXUAL ASSAULT EVIDENCE COLLECTION KIT. ANY LAW ENFORCEMENT AGENCY, MEDICAL PROVIDER OR FORENSIC LABORATORY THAT HAS IN ITS CUSTODY A PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT USED FOR A FORENSIC MEDICAL EXAMINATION SHALL COMPLY WITH THE ESTABLISHED PROTOCOLS, RULES AND GUIDELINES RELATING TO ALL SUCH UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KITS. TO THE EXTENT PRACTICABLE, IN COLLABORATION WITH RAPE CRISIS AND LOCAL VICTIM ASSISTANCE ORGANIZATIONS, AND CONSISTENT WITH PROTECTING VICTIM CONFI- DENTIALITY FOR UNREPORTED SEXUAL ASSAULTS, A LAW ENFORCEMENT AGENCY HAVING CUSTODY OF A PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT SHALL TAKE REASONABLE MEASURES TO PROVIDE APPROPRIATE TRACKING INFORMATION TO THE AFFECTED SURVIVOR. (C) THE STATEWIDE ELECTRONIC TRACKING SYSTEM SHALL: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD14029-03-2 S. 7867 2 (1) TRACK THE LOCATION AND STATUS OF EACH EVIDENCE COLLECTION KIT THROUGH THE CRIMINAL JUSTICE PROCESS, INCLUDING THE INITIAL COLLECTION OF EVIDENCE FOR THE KIT IN A FORENSIC MEDICAL EXAMINATION PERFORMED AT A HEALTHCARE FACILITY, RECEIPT AND STORAGE OF THE EVIDENCE COLLECTION KIT AT A LAW ENFORCEMENT AGENCY, RECEIPT AND ANALYSIS OF THE EVIDENCE COLLECTION KIT AT AN ACCREDITED CRIME LABORATORY, AND STORAGE AND DESTRUCTION OF THE KIT AFTER THE APPLICABLE EVIDENCE IS ANALYZED; (2) ALLOW A HEALTHCARE FACILITY PERFORMING A FORENSIC MEDICAL EXAMINA- TION OF A SURVIVOR, LAW ENFORCEMENT AGENCY, ACCREDITED CRIME LABORATORY, PROSECUTOR OR OTHER ENTITY PROVIDING A CHAIN OF CUSTODY FOR AN EVIDENCE COLLECTION KIT TO UPDATE AND TRACK THE STATUS AND LOCATION OF THE KITS; AND (3) ALLOW A SURVIVOR TO ANONYMOUSLY TRACK OR RECEIVE UPDATES REGARDING THE STATUS AND LOCATION OF SUCH SURVIVOR'S EVIDENCE COLLECTION KIT. (D) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART- MENT SHALL REQUIRE PARTICIPATION IN THE STATEWIDE ELECTRONIC TRACKING SYSTEM ESTABLISHED PURSUANT TO THIS SUBDIVISION BY ALL MEDICAL PROVID- ERS, LAW ENFORCEMENT AGENCIES, FORENSIC LABORATORIES OR OTHER PERSONS OR ENTITIES HAVING CUSTODY OR USE OF ANY SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE STATE. SUCH ENTITIES SHALL PARTICIPATE IN THE TRACKING SYSTEM AND COMPLY WITH ALL ESTABLISHED PROTOCOLS, RULES AND GUIDELINES. A PARTICIPATING ENTITY SHALL BE PERMITTED TO ACCESS THE ENTITY'S TRACKING INFORMATION THROUGH THE STATEWIDE ELECTRONIC TRACKING SYSTEM. (E) RECORDS ENTERED INTO THE TRACKING SYSTEM ARE CONFIDENTIAL. RECORDS RELATING TO AN EVIDENCE COLLECTION KIT MAY BE ACCESSED ONLY BY: (1) THE SURVIVOR FOR WHOM THE EVIDENCE COLLECTION KIT WAS COMPLETED; OR (2) AN EMPLOYEE OF AN ENTITY DESCRIBED BY PARAGRAPH (D) OF THIS SUBDI- VISION FOR PURPOSES OF UPDATING OR TRACKING THE STATUS OR LOCATION OF THE EVIDENCE COLLECTION KIT. (F) FOR PURPOSES OF THIS SECTION: (1) "PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT" SHALL MEAN AN EVIDENCE COLLECTION KIT THAT HAS NOT UNDERGONE FORENSIC TESTING; (2) "EVIDENCE COLLECTION KIT" SHALL MEAN A HUMAN BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY A HEALTHCARE PROVIDER DURING A FORENSIC MEDICAL EXAMINATION FROM THE VICTIM OF A SEXUAL ASSAULT OR OTHER SEX OFFENSE; AND (3) "SURVIVOR" SHALL MEAN AN INDIVIDUAL WHO IS THE VICTIM OF A SEXUAL OFFENSE FROM WHOM A HUMAN BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY A HEALTHCARE PROVIDER DURING A FORENSIC MEDICAL EXAMINATION. § 2. This act shall take effect immediately.
(D) 30th Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
View additional co-sponsors
(D) 20th Senate District
See Assembly Version of this Bill: A9596 Law Section: Public Health Law Laws Affected: Amd §2805-i, Pub Health L
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.
BILL NUMBER: S7867a SPONSOR: BIAGGI 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 of 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, Division of State Police, and 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 information 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 race kits can help survivors counter the loss of self-determintaion and control that is often at the core of a sexual assault experience. When systems have the victim portal, its 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 account- able 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 Division of Criminal Justice Services in consultation with the Department of Health, Office of Victim Services, Division of State Police, and New York State Coalition Against Sexual Assault to develop a rape kit tracking system. All medical providers, law enforcement, foren- sic laboratories, and any other individuals or entities that have custo- dy 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.
S T A T E O F N E W Y O R K ________________________________________________________________________ 7867--A I N S E N A T E January 14, 2022 ___________ Introduced by Sens. BIAGGI, CLEARE, GAUGHRAN, GOUNARDES, HOYLMAN, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- 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: Section 1. Section 2805-i of the public health law is amended by adding a new subdivision 8 to read as follows: 8. (A) THE DIVISION OF CRIMINAL JUSTICE SERVICES IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF VICTIM SERVICES, THE DIVISION OF STATE POLICE, AND THE NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT SHALL 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. (B) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMPLEMENT PROTO- COLS AND ADMINISTER THE STATEWIDE ELECTRONIC TRACKING SYSTEM. THE DIVI- SION OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE RULES AND GUIDELINES TO ENSURE THAT PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KITS ARE TRACKABLE AND ARE ENTERED INTO THE STATEWIDE ELECTRONIC TRACK- ING SYSTEM DEVELOPED PURSUANT TO THIS SUBDIVISION, AND THAT SURVIVORS ARE GIVEN NOTICE OF HOW THEY MAY TRACK THEIR OWN SEXUAL ASSAULT EVIDENCE COLLECTION KIT. ANY LAW ENFORCEMENT AGENCY, MEDICAL PROVIDER OR FORENSIC LABORATORY THAT HAS IN ITS CUSTODY A PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT USED FOR A FORENSIC MEDICAL EXAMINATION SHALL COMPLY WITH THE ESTABLISHED PROTOCOLS, RULES AND GUIDELINES RELATING TO ALL SUCH UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KITS. TO THE EXTENT PRACTICABLE, IN COLLABORATION WITH RAPE CRISIS AND LOCAL VICTIM ASSISTANCE ORGANIZATIONS, AND CONSISTENT WITH PROTECTING VICTIM CONFI- DENTIALITY FOR UNREPORTED SEXUAL ASSAULTS, A LAW ENFORCEMENT AGENCY 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.
LBD14029-06-2 S. 7867--A 2 COLLECTION KIT SHALL TAKE REASONABLE MEASURES TO PROVIDE APPROPRIATE TRACKING INFORMATION TO THE AFFECTED SURVIVOR. (C) THE STATEWIDE ELECTRONIC TRACKING SYSTEM SHALL: (1) TRACK THE LOCATION AND STATUS OF EACH EVIDENCE COLLECTION KIT THROUGH THE CRIMINAL JUSTICE PROCESS, INCLUDING THE INITIAL COLLECTION OF EVIDENCE FOR THE KIT IN A FORENSIC MEDICAL EXAMINATION PERFORMED AT A HEALTHCARE FACILITY, RECEIPT AND STORAGE OF THE EVIDENCE COLLECTION KIT AT A LAW ENFORCEMENT AGENCY, RECEIPT AND ANALYSIS OF THE EVIDENCE COLLECTION KIT AT AN ACCREDITED CRIME LABORATORY, AND STORAGE AND DESTRUCTION OF THE KIT AFTER THE APPLICABLE EVIDENCE IS ANALYZED; (2) ALLOW A HEALTHCARE FACILITY PERFORMING A FORENSIC MEDICAL EXAMINA- TION OF A SURVIVOR, LAW ENFORCEMENT AGENCY, ACCREDITED CRIME LABORATORY, PROSECUTOR OR OTHER ENTITY PROVIDING A CHAIN OF CUSTODY FOR AN EVIDENCE COLLECTION KIT TO UPDATE AND TRACK THE STATUS AND LOCATION OF THE KITS; AND (3) ALLOW A SURVIVOR TO ANONYMOUSLY TRACK OR RECEIVE UPDATES REGARDING THE STATUS AND LOCATION OF SUCH SURVIVOR'S EVIDENCE COLLECTION KIT. (D) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART- MENT SHALL REQUIRE PARTICIPATION IN THE STATEWIDE ELECTRONIC TRACKING SYSTEM ESTABLISHED PURSUANT TO THIS SUBDIVISION BY ALL MEDICAL PROVID- ERS, LAW ENFORCEMENT AGENCIES, FORENSIC LABORATORIES OR OTHER PERSONS OR ENTITIES HAVING CUSTODY OR USE OF ANY SEXUAL ASSAULT EVIDENCE COLLECTION KIT IN THE STATE. SUCH ENTITIES SHALL PARTICIPATE IN THE TRACKING SYSTEM AND COMPLY WITH ALL ESTABLISHED PROTOCOLS, RULES AND GUIDELINES. A PARTICIPATING ENTITY SHALL BE PERMITTED TO ACCESS THE ENTITY'S TRACKING INFORMATION THROUGH THE STATEWIDE ELECTRONIC TRACKING SYSTEM. (E) RECORDS ENTERED INTO THE TRACKING SYSTEM ARE CONFIDENTIAL. RECORDS RELATING TO AN EVIDENCE COLLECTION KIT MAY BE ACCESSED ONLY BY: (1) THE SURVIVOR FOR WHOM THE EVIDENCE COLLECTION KIT WAS COMPLETED; OR (2) AN EMPLOYEE OF AN ENTITY DESCRIBED BY PARAGRAPH (D) OF THIS SUBDI- VISION FOR PURPOSES OF UPDATING OR TRACKING THE STATUS OR LOCATION OF THE EVIDENCE COLLECTION KIT. (F) FOR PURPOSES OF THIS SECTION: (1) "PREVIOUSLY UNTESTED SEXUAL ASSAULT EVIDENCE COLLECTION KIT" SHALL MEAN AN EVIDENCE COLLECTION KIT THAT HAS NOT UNDERGONE FORENSIC TESTING; (2) "EVIDENCE COLLECTION KIT" SHALL MEAN A HUMAN BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY A HEALTHCARE PROVIDER DURING A FORENSIC MEDICAL EXAMINATION FROM THE VICTIM OF A SEXUAL ASSAULT OR OTHER SEX OFFENSE; AND (3) "SURVIVOR" SHALL MEAN AN INDIVIDUAL WHO IS THE VICTIM OF A SEXUAL OFFENSE FROM WHOM A HUMAN BIOLOGICAL SPECIMEN OR SPECIMENS COLLECTED BY A HEALTHCARE PROVIDER DURING A FORENSIC MEDICAL EXAMINATION. § 2. This act shall take effect immediately.
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