BILL NUMBER: S2693
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the executive law and the public health law, in relation
to the use of DNA collected from sexual offense evidence kits
 
PURPOSE:
To provide that DNA of a victim collected from a sexual offense evidence
kit may not be entered into state or local DNA databases and cannot be
used as part of reasonable cause to arrest or convict.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be included in the state DNA identification index. Any DNA of a
victim collected in a sexual offense evidence kit and already stored in
a DNA identification index shall be expunged within 90 days.
Section 2 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be used as part of reasonable cause of arrest, or be used in an
investigation. Any evidence that results from such use is inadmissible
and any conviction obtained through the use of DNA victim collection
shall be eligible for relief. The court may mandate changes in policies
of police departments to remedy a violation under this section.
Section 3 amends the public health law by providing that no DNA sample,
record, product, or evidence collected or resulting from the collection
of DNA of a victim collected in a sexual offense evidence kit may be
transmitted to any local or state DNA database, or be used as reasonable
cause of arrest or in criminal proceedings.
Section 4 provides for expungement of any state of local DNA database
that has samples of DNA collected from a victim through a sexual offense
evidence kit.
Section 5 is the effective date.
 
JUSTIFICATION:
Across the country, police use DNA samples collected from sexual assault
victims to identify them as possible suspects in other crimes. These DNA
samples are collected during the collection of a "rape kit" also known
as a sexual offense evidence kit, a tool used by law enforcement to
prosecute sex crimes. This practice treats victims as criminals in cases
completely unrelated to their sexual assault. When someone elects to
have a sexual offense evidence kit exam, they are consenting to the use
of their DNA for a very narrow focus: to hold the perpetrator of their
assault accountable. Any other use is a violation of the survivor's
privacy.
Additionally, people may be reluctant to report sexual assault if they
fear that their DNA could be used against them.
This legislation ensures that a victim's DNA collected from a sexual
offense evidence kit may not be entered into state or local DNA data-
bases, and cannot be used as reasonable cause for arrest or be used in
an investigation. The legislation also provides for expungement of DNA
in state or local databases that have been collected through this
manner.
 
LEGISLATIVE HISTORY:
S.997 of 2023-2024 (Hoylman-Sigal): Died in Internet & Technology
A.5350 of 2023-2024 (Wallace): Died in Codes
S.8408 of 2021-2022 (Hoylman): Died in Internet & Technology
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2693: 995-c executive law, 995-c(3) executive law, 838-a executive law, 838-a(1) executive law, 2805-i public health law, 2805-i(2) public health law