N.Y. Exec. Law § 838-a

* § 838-a. Maintenance of sexual offense evidence kits. 1. The\nfollowing requirements shall apply to all sexual offense evidence kits\nsurrendered to or collected by, at the request of, or with cooperation\nof an agency engaged in a law enforcement function in the state:\n (a) Each such agency engaged in a law enforcement function in the\nstate shall submit any sexual offense evidence kits in its custody or\ncontrol to an appropriate forensic laboratory within ten days of\nreceipt.\n (b) Each forensic laboratory receiving sexual offense evidence kits\nafter the effective date of this section shall develop Combined DNA\nIndex System (CODIS) eligible profiles of any potential perpetrators\nfrom the evidence tested and, within ninety days after receipt of such\nkit, report the results to the submitting agency and appropriate\nprosecutorial entity.\n ** (c) Each agency engaged in a law enforcement function in the state\nthat, prior to the effective date of this section, has one or more\nsexual offense evidence kits in its custody or control shall, within one\nhundred eighty days after such effective date, submit all untested kits\nin its possession or control to an appropriate forensic laboratory.\n ** NB Effective November 28, 2016\n ** (d) Each forensic laboratory, within one hundred and twenty days\nafter receiving each sexual offense evidence kit pursuant to paragraph\n(c) of this subdivision shall develop from evidence submitted Combined\nDNA Index System (CODIS) eligible profiles for any potential\nperpetrators and shall, within ninety days of developing such profiles,\nreport the results to the submitting agency and the appropriate\nprosecutorial entity.\n ** NB Effective November 28, 2016\n 2. (a) Each forensic laboratory in the state shall report to the\ndivision, on a quarterly basis, in writing, on (i) the number of sexual\noffense evidence kits it received, (ii) the number of such kits\nprocessed for the purpose of developing Combined DNA Index System\n(CODIS) eligible profiles of any potential perpetrators, and (iii) the\nnumber of kits not processed for testing. (b) Each agency involved in a\nlaw enforcement function in the state shall report to the division on a\nquarterly basis, in writing, on (i) the number of all the sexual offense\nevidence kits it received, (ii) the number of such kits it submitted to\na forensic laboratory for processing, (iii) the number of kits in its\ncustody or control that have not been processed for testing, and (iv)\nthe length of time between receipt of any such sexual offense evidence\nkit and the submission of any such kit to the forensic laboratory.\n 3. The division shall undertake actions designed to ensure that all\nagencies engaged in a law enforcement function in the state and all\nforensic laboratories are educated and aware of the provisions of this\nsection.\n * NB Effective February 26, 2017\n