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New York · Through 2026-09-11

N.Y. Executive Law § 838-b: Victim's right to notice

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Where this section sits in the code
  1. Executive Law
  2. Article 35. Division of Criminal Justice Services

§ 838-b. Victim's right to notice. Each police agency, prosecutorial

agency and other law enforcement agency with jurisdiction over a sexual

offense shall, upon request of the victim who has consented to report

such offense to law enforcement, provide the sexual offense victim with

notice of the date and location at which sexual offense evidence

collected or received from such victim is assessed for CODIS eligibility

and analyzed, whether a CODIS eligible profile was developed and whether

or not a DNA match was identified, provided, however, that the police

agency, prosecutorial agency or other law enforcement agency serving the

jurisdiction may temporarily delay release of such DNA match information

to the victim, prior to the arrest of a suspect alleged to have

committed such offense, if such agency documents in writing and notifies

the victim that release of such information would compromise the

successful investigation of such sexual offense. The police or

prosecutorial agency or other law enforcement agency in possession of a

sexual offense evidence kit shall notify the sexual offense victim at

least ninety days prior to the expiration of the twenty-year storage

period in accordance with paragraph (k) of subdivision two of section

twenty-eight hundred five-i of the public health law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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