N.Y. Executive Law § 838-a: Maintenance of sexual offense evidence kits

§ 838-a. Maintenance of sexual offense evidence kits. 1. The following

requirements shall apply to all sexual offense evidence kits surrendered

to or collected by, at the request of, or with cooperation of a police

agency or prosecutorial agency:

(a) Each such police agency and prosecutorial agency shall submit any

sexual offense evidence kits in its custody or control to an appropriate

forensic laboratory within ten days of receipt.

(b) Each forensic laboratory receiving sexual offense evidence kits

after the effective date of this section shall assess case specific

information for Combined DNA Index System (CODIS) eligibility and, if

eligible, analyze the kits and attempt to develop CODIS eligible

profiles of any potential perpetrators from the evidence submitted. The

forensic lab shall report the results to the submitting agency and

appropriate prosecutorial entity within ninety days after receipt of a

kit.

(c) Each police agency and prosecutorial agency that has one or more

sexual offense evidence kit in its custody or control shall, within

ninety days after the effective date of this paragraph, inventory such

kits and report the total number of such kits to the division and to the

forensic laboratory where such kits will be submitted pursuant to

paragraph (a) of this subdivision. The division shall provide such

inventories to the senate and assembly leaders by March first, two

thousand seventeen. Every police and prosecutorial agency shall update

this report each month thereafter until paragraph (a) of this

subdivision has become effective.

(d) Each police agency and prosecutorial agency that, prior to the

effective date of paragraph (a) of this subdivision, has one or more

sexual offense evidence kits in its custody or control shall, within

thirty days after the effective date of this section, submit all

untested kits in its possession or control to an appropriate forensic

laboratory.

(e) Each forensic laboratory, within one hundred twenty days after

receiving each sexual offense evidence kit pursuant to paragraph (d) of

this subdivision shall assess case specific information for CODIS

eligibility and, if eligible, analyze the kits and attempt to develop

CODIS eligible profiles for any potential perpetrators and shall, within

ninety days of such assessment, report the results to the submitting

agency and the appropriate prosecutorial entity.

(f) The failure of any such police agency, prosecutorial agency or

forensic laboratory to comply with a time limit specified in this

section or section eight hundred thirty-eight-b of this article shall

not, in and of itself, constitute a basis for a motion to suppress

evidence in accordance with section 710.20 of the criminal procedure

law.

2. (a) Each forensic laboratory in the state shall report to the

division, on a quarterly basis, in writing, on (i) the number of sexual

offense evidence kits it received, (ii) the number of such kits

processed for the purpose of developing Combined DNA Index System

(CODIS) eligible profiles of any potential perpetrators, and (iii) the

number of kits not processed for testing, including, the reason such

kits were ineligible for processing.

(b) Each police agency and prosecutorial agency shall report to the

division on a quarterly basis, in writing, on (i) the number of all the

sexual offense evidence kits it received, (ii) the number of such kits

it submitted to a forensic laboratory for processing, (iii) the number

of kits in its custody or control that have not been processed for

testing, and (iv) the length of time between receipt of any such sexual

offense evidence kit and the submission of any such kit to the forensic

laboratory.

(c) The division shall provide to the senate and assembly leaders such

quarterly reports received from the forensic labs and police and

prosecutorial agencies pursuant to paragraphs (a) and (b) of this

subdivision by January first, two thousand eighteen and annually

thereafter.

3. Each police agency, prosecutorial agency and other law enforcement

agency within this state shall adopt policies and procedures concerning

contact with victims of sexual offenses, and the provision of

information to victims upon request, concerning sexual offense evidence

collected or received from them. The policies and procedures shall be

victim-focused, meaning systematically focused on the needs and concerns

of victims to ensure the compassionate and sensitive delivery of

services in a nonjudgemental manner, and shall include, at a minimum, a

requirement that:

(a) the police agency, prosecutorial agency or other law enforcement

agency designate at least one person, who is trained in trauma and

victim response through a program meeting minimum standards established

by the division of criminal justice services, following appropriate

guidelines on evidence-based, trauma-informed practices, which may

include guidelines from the Substance Abuse and Mental Health Services

Administration, within its agency to receive all inquiries concerning

sexual offense evidence kits from victims; and

(b) at the time that a sexual offense evidence kit is collected, a

victim shall be provided with: (i) a copy of the victim bill of rights

described in subdivision six of section twenty-eight hundred five-i of

the public health law; and (ii) contact information, including a name,

phone number and e-mail address, for the individual designated pursuant

to paragraph (a) of this subdivision at the police agency, prosecutorial

agency or other law enforcement agency with jurisdiction over the sexual

offense.

4. The division shall undertake actions designed to ensure that all

police agencies and prosecutorial agencies in the state and all forensic

laboratories are educated and aware of the provisions of this section.