New York S 5225: Relates to the collection and reporting of sexual offense evidence on the statewide electronic tracking system
Status: SUBSTITUTED BY A1970A (as of 2025-06-10)
State: New York · Session: 2025-2026 · Bill: S 5225
Sponsors: Andrew Gounardes, Jessica Scarcella-Spanton
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. - This bill is not active in this session. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S05225 Summary: BILL NOS05225A   SAME ASSAME AS A01970-A   SPONSORGOUNARDES   COSPNSRSCARCELLA-SPANTON   MLTSPNSR   Amd §2805-i, Pub Health L   Requires the collection and reporting of sexual offense evidence on the statewide electronic tracking system within seven days of permission to release the evidence by the alleged sexual offense victim; relates to additional rules and guidelines. Go to top S05225 Actions: BILL NOS05225A   02/19/2025REFERRED TO HEALTH 04/09/2025AMEND AND RECOMMIT TO HEALTH 04/09/2025PRINT NUMBER 5225A 05/20/20251ST REPORT CAL.1263 05/21/20252ND REPORT CAL. 05/22/2025ADVANCED TO THIRD READING 06/10/2025SUBSTITUTED BY A1970A  A01970 AMEND=A Paulin  01/14/2025referred to health  04/08/2025reported referred to codes  04/10/2025amend and recommit to codes  04/10/2025print number 1970a  05/20/2025reported referred to rules  05/27/2025reported  05/27/2025rules report cal.258  05/27/2025ordered to third reading rules cal.258  05/27/2025passed assembly  05/27/2025delivered to senate  05/27/2025REFERRED TO HEALTH  06/10/2025SUBSTITUTED FOR S5225A  06/10/20253RD READING CAL.1263  06/10/2025PASSED SENATE  06/10/2025RETURNED TO ASSEMBLY  12/08/2025delivered to governor  12/19/2025signed chap.646  12/19/2025approval memo.30 Go to topS05225 Committee Votes: Go to topS05225 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS05225 Text: STATE OF NEW YORK ________________________________________________________________________ 5225--A 2025-2026 Regular Sessions IN SENATE February 19, 2025 ___________ Introduced by Sens. GOUNARDES, SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to collecting and reporting sexual offense evidence on the statewide electronic tracking system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (j) of subdivision 2 of section 2805-i of the 2 public health law, as amended by section 1 of part II of chapter 56 of 3 the laws of 2021, is amended to read as follows: 4 (j) Notwithstanding any other provision in this section, sexual 5 offense evidence shall not continue to be stored where: (i) such 6 evidence is not privileged and law enforcement requests its release, in 7 which case the [custodian(s)] custodian or custodians shall comply with 8 such request; or (ii) such evidence is privileged and either (A) the 9 alleged sexual offense victim gives permission to release the evidence 10 to law enforcement, upon which law enforcement must retrieve the 11 evidence within seven days of such permission and report such evidence 12 in the statewide electronic tracking system pursuant to subdivision 13 eight of this section, or (B) the alleged sexual offense victim signs a 14 statement directing the [custodian(s)] custodian or custodians to 15 dispose of the evidence, in which case the sexual offense evidence will 16 be discarded in compliance with state and local health codes. 17 § 2. Subdivision 8 of section 2805-i of the public health law, as 18 amended by chapter 31 of the laws of 2023, is amended to read as 19 follows: 20 8. (a) The division of criminal justice services in consultation with 21 the department, the office of victim services, the division of state 22 police, and the New York State Coalition Against Sexual Assault shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04793-02-5 S. 5225--A 2 1 develop a statewide electronic tracking system for reported evidence 2 collection kits used to collect and preserve evidence of a sexual 3 assault or other sex offense [that are submitted to the custody of law 4 enforcement]. Such statewide electronic tracking system shall not 5 include unreported evidence collection kits [not in the custody of law 6 enforcement], provided, however, that any unreport
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