Relates to the collection and reporting of sexual offense evidence on the statewide electronic tracking system

• Democratic10

◆ The sponsor's argument

Why Andrew Gounardes says this is needed

In 2023, New York State established a rape kit tracking system to follow the path of a reported kit from law enforcement possession to lab submission, and through testing. However, existing law does not specifically include hospitals within the rape kit tracking process, nor does it establish a protocol or timeframe in which hospitals must alert law enforcement once a rape kit is prepared for collection for retrieval and delivery to a laboratory for testing. Including a specific protocol for transfer of a rape kit from hospitals to law enforcement is vital to preserve the integrity of the evidence collected during a sexual assault examination. Establishing clear responsibilities and timelines for all parties involved, including establishing a standard protocol and timeframe for law enforcement to retrieve and deliver the kit to a laboratory, prevents kits from getting mishandled or misplaced. Incorporating hospitals into the statewide rape kit tracking system would enable a comprehensive oversight of the rape kit from its incep- tion, ensuring that no kits are missed or unrecorded. In addition, including hospitals helps maintain the continuity an d integrity of the evidence, which is crucial for legal proceedings. Most importantly, survivors deserve to know the status and location of their kit throughout its entire process, not just in the later stages. Notably, of the 40 states that have statutorily mandated rape kit track- ing systems, New York is the only one where hospitals do not partic- ipate. In addition, existing law does not specify a process whereby a sexual assault survivor whose kit is stored at an OVS storage facility decides. to report the crime. In these instances, it is imperative that the State establish clear guidelines for how these special cases are to be handled to avoid a kit getting lost in this transition and becoming backlogged.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.