New law improves sexual crime evidence tracking system

ALBANY | Gov. Kathy Hochul has signed legislation to include hospitals in the sexual offense evidence kit tracking process and prescribe a timeframe within which police departments and sheriffs' offices must retrieve sexual offense evidence collection kits from hospitals and deliver them to a forensic laboratory for testing. Incorporating these protocols into the law establishes clear responsibilities for all parties involved and reduces the chances that kits are mishandled or misplaced. Gov. Hochul signed the bill after an agreement with the Legislature to make additional amendments to the law in the upcoming legislative session. The additional amendments will ensure that law enforcement officials have sufficient time to collect the kits from hospitals and make other technical corrections to the law. "Survivors of sexual assault who make the decision to report the crime should do so with the knowledge that hospitals and law enforcement agencies are working together to ensure timely processing of evidence that could hold their attacker accountable," Gov. Hochul said. "This new law is yet another example of the significant progress we are making in New York to advance survivor-centered and trauma-informed policies and practices." Gov. Hochul signed legislation in 2023 establishing a Statewide Rape Kit Tracking System to give survivors of sexual assault the ability to track the location and status of their kits. Once amendments are approved in the upcoming legislative session, the law will: Require law enforcement within 10 days to retrieve sexual offense evidence collection kits and other items collected by hospital personnel as long as the survivor has consented to release the evidence to law enforcement. Require hospital personnel collecting evidence to record in the electronic tracking system and notify the appropriate law enforcement agency within 48 hours of such collection. The State Division of Criminal Justice Services is overseeing the development and implementation of the tracking system, which is slated to be operational next spring. Survivors make the decision whether to consent to evidence collection, report the crime and release evidence to law enforcement for investigation. If survivors choose not to submit kits to law enforcement, the kits are stored at a facility operated by the state Office of Victims Services for 20 years, as required by state law, so survivors have time to decide whether to report the crime.

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New law improves sexual crime evidence tracking system

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