NY Exec L § 838-A (2021)
2021 New York Laws EXC - Executive Article 35 - Division of Criminal Justice Services 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.