N.Y. EXC Law § 838-A — New York Code / Act EXC / Article 35 / Section 838-A
Maintenance of sexual offense evidence kits
Status: in_force

§ 838-a. Maintenance of sexual offense evidence kits. 1. The following\nrequirements shall apply to all sexual offense evidence kits surrendered\nto or collected by, at the request of, or with cooperation of a police\nagency or prosecutorial agency:\n  (a) Each such police agency and prosecutorial agency shall submit any\nsexual offense evidence kits in its custody or control to an appropriate\nforensic laboratory within ten days of receipt.\n  (b) Each forensic laboratory receiving sexual offense evidence kits\nafter the effective date of this section shall assess case specific\ninformation for Combined DNA Index System (CODIS) eligibility and, if\neligible, analyze the kits and attempt to develop CODIS eligible\nprofiles of any potential perpetrators from the evidence submitted. The\nforensic lab shall report the results to the submitting agency and\nappropriate prosecutorial entity within ninety days after receipt of a\nkit.\n  (c) Each police agency and prosecutorial agency that has one or more\nsexual offense evidence kit in its custody or control shall, within\nninety days after the effective date of this paragraph, inventory such\nkits and report the total number of such kits to the division and to the\nforensic laboratory where such kits will be submitted pursuant to\nparagraph (a) of this subdivision. The division shall provide such\ninventories to the senate and assembly leaders by March first, two\nthousand seventeen. Every police and prosecutorial agency shall update\nthis report each month thereafter until paragraph (a) of this\nsubdivision has become effective.\n  (d) Each police agency and prosecutorial agency that, prior to the\neffective date of paragraph (a) of this subdivision, has one or more\nsexual offense evidence kits in its custody or control shall, within\nthirty days after the effective date of this section, submit all\nuntested kits in its possession or control to an appropriate forensic\nlaboratory.\n  (e) Each forensic laboratory, within one hundred twenty days after\nreceiving each sexual offense evidence kit pursuant to paragraph (d) of\nthis subdivision shall assess case specific information for CODIS\neligibility and, if eligible, analyze the kits and attempt to develop\nCODIS eligible profiles for any potential perpetrators and shall, within\nninety days of such assessment, report the results to the submitting\nagency and the appropriate prosecutorial entity.\n  (f) The failure of any such police agency, prosecutorial agency or\nforensic laboratory to comply with a time limit specified in this\nsection or section eight hundred thirty-eight-b of this article shall\nnot, in and of itself, constitute a basis for a motion to suppress\nevidence in accordance with section 710.20 of the criminal procedure\nlaw.\n  2. (a) Each forensic laboratory in the state shall report to the\ndivision, on a quarterly basis, in writing, on (i) the number of sexual\noffense evidence kits it received, (ii) the number of such kits\nprocessed for the purpose of developing Combined DNA Index System\n(CODIS) eligible profiles of any potential perpetrators, and (iii) the\nnumber of kits not processed for testing, including, the reason such\nkits were ineligible for processing.\n  (b) Each police agency and prosecutorial agency shall report to the\ndivision on a quarterly basis, in writing, on (i) the number of all the\nsexual offense evidence kits it received, (ii) the number of such kits\nit submitted to a forensic laboratory for processing, (iii) the number\nof kits in its custody or control that have not been processed for\ntesting, and (iv) the length of time between receipt of any such sexual\noffense evidence kit and the submission of any such kit to the forensic\nlaboratory.\n  (c) The division shall provide to the senate and assembly leaders such\nquarterly reports received from the forensic labs and police and\nprosecutorial agencies pursuant to paragraphs (a) and (b) of this\nsubdivision by January first, two thousand eighteen and annually\nthereafter.\n  3. Each police agency, prosecutorial agency and other law enforcement\nagency within this state shall adopt policies and procedures concerning\ncontact with victims of sexual offenses, and the provision of\ninformation to victims upon request, concerning sexual offense evidence\ncollected or received from them. The policies and procedures shall be\nvictim-focused, meaning systematically focused on the needs and concerns\nof victims to ensure the compassionate and sensitive delivery of\nservices in a nonjudgemental manner, and shall include, at a minimum, a\nrequirement that:\n  (a) the police agency, prosecutorial agency or other law enforcement\nagency designate at least one person, who is trained in trauma and\nvictim response through a program meeting minimum standards established\nby the division of criminal justice services, following appropriate\nguidelines on evidence-based, trauma-informed practices, which may\ninclude guidelines from the Substance Abuse and Mental Health Services\nAdministration, within its agency to receive all inquiries concerning\nsexual offense evidence kits from victims; and\n  (b) at the time that a sexual offense evidence kit is collected, a\nvictim shall be provided with: (i) a copy of the victim bill of rights\ndescribed in subdivision six of section twenty-eight hundred five-i of\nthe public health law; and (ii) contact information, including a name,\nphone number and e-mail address, for the individual designated pursuant\nto paragraph (a) of this subdivision at the police agency, prosecutorial\nagency or other law enforcement agency with jurisdiction over the sexual\noffense.\n  4. The division shall undertake actions designed to ensure that all\npolice agencies and prosecutorial agencies in the state and all forensic\nlaboratories are educated and aware of the provisions of this section.\n