Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
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8765
I N S E N A T E
January 8, 2026
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to collecting and
reporting sexual offense evidence on the statewide electronic tracking
system; and to amend a chapter of the laws of 2025 amending the public
health law relating to collecting and reporting sexual offense
evidence on the statewide electronic tracking system, as proposed in
legislative bills numbers S. 5225-A and A. 1970-A, in relation to the
effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (j) of subdivision 2 of section 2805-i of the
public health law, as amended by a chapter of the laws of 2025 amending
the public health law relating to collecting and reporting sexual
offense evidence on the statewide electronic tracking system, as
proposed in legislative bills numbers S. 5225-A and A. 1970-A, is
amended to read as follows:
(j) Notwithstanding any other provision in this section, sexual
offense evidence shall not continue to be stored where: (i) such
evidence is not privileged and law enforcement requests its release, in
which case the custodian or custodians shall comply with such request;
or (ii) such evidence is privileged and either (A) the alleged sexual
offense victim gives permission to release the evidence to law enforce-
ment, upon which THE HOSPITAL COLLECTING SUCH EVIDENCE MUST RECORD THE
COLLECTION OF SUCH EVIDENCE IN THE ELECTRONIC TRACKING SYSTEM AND NOTIFY
THE APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN FORTY-EIGHT HOURS AND law
enforcement must retrieve the evidence within [seven] TEN days of such
[permission] NOTICE and report such evidence in the statewide electronic
tracking system pursuant to subdivision eight of this section, or (B)
the alleged sexual offense victim signs a statement directing the custo-
dian or custodians to dispose of the evidence, in which case the sexual
offense evidence will be discarded in compliance with state and local
health codes.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04793-04-6
S. 8765 2
§ 2. Subdivision 8 of section 2805-i of the public health law, as
amended by a chapter of the laws of 2025 amending the public health law
relating to collecting and reporting sexual offense evidence on the
statewide electronic tracking system, as proposed in legislative bills
numbers S. 5225-A and A. 1970-A, is amended to read as follows:
8. (a) The division of criminal justice services in consultation with
the department, the office of victim services, the division of state
police, and the New York State Coalition Against Sexual Assault shall
develop a statewide electronic tracking system for reported evidence
collection kits used to collect and preserve evidence of a sexual
assault or other sex offense. Such statewide electronic tracking system
shall not include unreported evidence collection kits, provided, howev-
er, that any unreported evidence collection kits released by the office
of victim services to law enforcement pursuant to clause (A) of subpara-
graph (ii) of paragraph [j] (J) of subdivision two of this section shall
THEN be designated as reported evidence collection kits subject to the
tracking requirements set forth in this subdivision.
(b) The division of criminal justice services shall promulgate rules
and guidelines to ensure that sexual [assault] OFFENSE evidence
collection kits are trackable on a statewide electronic tracking system
developed pursuant to this subdivision, and that survivors are given
notice of how they may track their own reported evidence collection kit.
[Such rules and guidelines shall require that (i) hospitals collecting
evidence collection kits record the collection of any reported evidence
collection kits in the electronic tracking system and notify the appro-
priate law enforcement agency within forty-eight hours of such
collection, and (ii) law enforcement retrieve any reported evidence
collection kit from a hospital within seven days of being notified by a
hospital that a reported evidence collection kit has been collected.]
Any [hospital,] law enforcement agency, forensic laboratory, or prosecu-
tor that has taken custody of an evidence collection kit used for a
forensic medical examination shall comply with the established proto-
cols, rules and guidelines established by the division of criminal
justice services pursuant to this paragraph.
(c) The statewide electronic tracking system shall:
(1) Track the location and status of each reported evidence collection
kit from collection to final disposition;
(2) Allow a hospital, law enforcement agency, accredited crime labora-
tory, prosecutor, employees of the long-term sexual offense evidence
storage facility, or any other entity providing a chain of custody for a
reported evidence collection kit, to update and track the status and
location of the reported evidence collection kits; and
(3) Allow a survivor to anonymously track or receive updates regarding
the status and location of such survivor's reported evidence collection
kit.
(d) No later than January first, two thousand twenty-five, any hospi-
tal, law enforcement agency, accredited crime laboratory, prosecutor,
employee of the long-term sexual offense evidence storage facility, or
any other entity providing a chain of custody for a reported evidence
collection kit to update and track the status and location of such kit,
shall participate in the tracking system and comply with all established
protocols, rules and guidelines. A participating entity shall be permit-
ted to access the entity's tracking information through the statewide
electronic tracking system.
(e) Records entered into the tracking system are confidential. Records
relating to a reported evidence collection kit shall be accessed only by
S. 8765 3
the survivor for whom the reported evidence collection kit was
completed.
(f) The provisions of this subdivision shall apply to all reported
evidence collection kits submitted prior to, on, or after the effective
date of this subdivision.
(g) For purposes of this section:
(1) "evidence collection kit" shall mean a human biological specimen
or specimens collected by a healthcare provider during a forensic
medical examination from the victim of a sexual assault or other sex
offense;
(2) "survivor" shall mean an individual who is the victim of a sexual
offense from whom a human biological specimen or specimens WERE
collected by a healthcare provider during a forensic medical examina-
tion;
(3) "reported evidence collection kit" means a sexual [assault]
OFFENSE evidence kit in which the survivor has consented to evidence
collection and reporting the sexual assault or other sex offense to law
enforcement; and
(4) "unreported evidence collection kit" means A SEXUAL OFFENSE
evidence collection [kits controlled by the office of victims services
pursuant to paragraph (d) of subdivision two of this section] KIT FOR
WHICH THE SURVIVOR HAS NOT CONSENTED TO OR WITHDRAWS THEIR CONSENT TO
RELEASE TO LAW ENFORCEMENT.
§ 3. Paragraph (d) of subdivision 2 of section 2805-i of the public
health law, as amended by section 1 of part II of chapter 56 of the laws
of 2021, is amended to read as follows:
(d) Until September thirtieth, two thousand twenty-two, or earlier if
determined feasible by the director of budget, hospitals shall be
responsible for securing long-term sexual offense evidence pursuant to
this section, after which such storage shall be the responsibility of
the office of victim services, PROVIDED, HOWEVER, THAT LAW ENFORCEMENT
SHALL TRANSFER SEXUAL OFFENSE EVIDENCE THAT IS REPORTED TO LAW ENFORCE-
MENT BUT FOR WHICH CONSENT IS LATER WITHDRAWN TO THE OFFICE OF VICTIM
SERVICES FOR LONG-TERM STORAGE. STORAGE OF REPORTED KITS TRANSFERRED TO
THE OFFICE OF VICTIM SERVICES OR RETAINED BY LAW ENFORCEMENT SHALL
COMPORT WITH THE PROVISIONS OF THIS SUBDIVISION. Hospitals may enter
into contracts with other entities that will ensure appropriate and
secure long-term storage of sexual offense evidence pursuant to this
section until September thirtieth, two thousand twenty-two.
§ 4. Section 3 of a chapter of the laws of 2025 amending the public
health law relating to collecting and reporting sexual offense evidence
on the statewide electronic tracking system, as proposed in legislative
bills numbers S. 5225-A and A. 1970-A, is amended to read as follows:
§ 3. This act shall take effect [immediately] SIX MONTHS AFTER IT
SHALL HAVE BECOME A LAW. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before three months of such effective date.
§ 5. This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2025 amending
the public health law relating to collecting and reporting sexual
offense evidence on the statewide electronic tracking system, as
proposed in legislative bills numbers S. 5225-A and A. 1970-A, takes
effect.Every fact on this page links to its source, starting with the official bill record.