STATE OF NEW YORK ________________________________________________________________________ 6661--A 2023-2024 Regular Sessions IN ASSEMBLY April 26, 2023 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to prohibiting the disclosure of a sexual assault victim's DNA or RNA evidence; and to amend the criminal procedure law, in relation to limiting the use of a sexual assault victim's DNA or RNA evidence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 838-c 2 to read as follows: 3 § 838-c. Disclosure of a sexual assault victim's DNA or RNA evidence. 4 1. No person, including a police officer or peace officer, a public 5 officer or public employee, or an employee or agent of a hospital or a 6 criminal or private testing facility or laboratory, shall: 7 (a) enter into any international, federal, state or municipal criminal 8 database evidence of a sexual assault victim's deoxyribonucleic acid 9 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained 10 during the investigation of an offense described in article one hundred 11 thirty of the penal law or treatment of the sexual assault victim 12 following the commission of an offense described in article one hundred 13 thirty of the penal law; or 14 (b) access or utilize evidence of a sexual assault victim's DNA 15 profile or RNA profile that was obtained as described in paragraph (a) 16 of this subdivision during an investigation or prosecution of the sexual 17 assault victim for any offense or attempt to commit an offense uncon- 18 nected to the sexual assault, regardless of when such offense or attempt 19 to commit the offense occurred. 20 2. Nothing in this section shall prohibit the inclusion of a sexual 21 assault victim's DNA or RNA evidence: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10843-02-4A. 6661--A 2 1 (a) in a non-criminal missing persons database; or 2 (b) in a criminal database if the sexual assault victim, or the 3 victim's parent, guardian or legal representative consents to the inclu- 4 sion in writing. 5 § 2. The criminal procedure law is amended by adding a new section 6 60.77 to read as follows: 7 § 60.77 Rules of evidence; use of a sexual assault victim's DNA or RNA 8 evidence in certain cases. 9 1. Evidence of a sexual assault victim's deoxyribonucleic acid 10 ("DNA") profile or ribonucleic acid ("RNA") profile that was obtained 11 during the investigation of an offense described in article one hundred 12 thirty of the penal law or treatment of the sexual assault victim 13 following the commission of an offense described in article one hundred 14 thirty of the penal law shall not be admissible in a prosecution of the 15 victim for any offense or an attempt to commit an offense unrelated to 16 the sexual assault, regardless of when such offense or attempt to commit 17 the offense occurred. 18 2. Evidence that resulted from a violation of subdivision one of 19 section 838-c of the executive law (disclosure of a sexual assault 20 victim's DNA or RNA evidence) shall not be admissible in a prosecution 21 of the sexual assault victim for any offense or an attempt to commit an 22 offense unrelated to the sexual assault, regardless of when such offense 23 or attempt to commit the offense occurred. Any such evidence shall be 24 ordered by the court to be sealed. 25 § 3. This act shall take effect on the thirtieth day after it shall 26 have become a law.