BILL NUMBER: S9585
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the public health law, in relation to sexual offense
evidence collection kit procedures
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the retention and destruction process of sexual offense
evidence kits and create a work group to streamline processes and
provide greater protection for victims.
 
SUMMARY OF PROVISIONS:
Section One. Amends Paragraphs (a), (c), (f), (i) and (j) of subdivision
2 of 2 section 2805-i of the public health law, adds a new paragraph (k)
Section Two. Amends Paragraph (j) of subdivision 2 of section 2805-i of
the public health law
Section Three. Amends Subparagraph 6 of paragraph (a) of subdivision 6
of section 2805-i of the public health law
Section Four. Amends Subdivision 7 of section 2805-i of the public
health law
Section Five. Amends Subdivision 8 of section 2805-i of the public
health law
Section Six. Amends Subdivision 8 of section 2805-i of the public health
law
Section Seven. Provides for the effective date
 
JUSTIFICATION:
Building on New York State's recently enacted laws in 2023 and 2026
addressing the collection, tracking and management of sexual assault
evidence kits, this legislation strengthens protections for survivors of
sexual assault. Specifically, for minors by extending the retention
period for kits until the victim's 40th birthday, providing those
affected with additional time to decide whether to submit the kit for
forensic testing.
This legislation safeguards the availability of sexual assault evidence
kits enhancing access to reporting and testing by prohibiting the
destruction of a kit at the request of a parent or guardian when the
victim is a minor, a vulnerable elderly person, or an individual who is
incompetent or physically disabled, ensuring that critical evidence is
preserved.
To ensure the modernization of the sexual offense evidence tracking
system, streamline collection and testing processes, and strengthen
evidence management, this legislation establishes a collaborative work-
ing group between multiple agencies including the Department of Health,
Office of Victim Services and Division of State Police Forensic Investi-
gations Center.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one and two of this act shall take effect on the five hundred forty-
fifth day after it shall have become a law.

Statutes affected:
S9585: 2805-i public health law, 2805-i(2) public health law, 2805-i(6) public health law, 2805-i(8) public health law