Governor Hochul Signs Legislation to Improve New York’s Sexual Offense Evidence Tracking System

Governor Kathy Hochul today 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. Governor 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," Governor 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."

Governor 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.

State Senator Andrew Gounardes said, "Survivors of sexual assault deserve respect, care and transparency when it comes to handling evidence from their cases. This work is an enormous responsibility, and my new law underscores that by establishing clear timelines and protocols to help prevent kits from being mishandled or misplaced. It builds on the crucial work we've done to create a Statewide Rape Kit Tracking System and enables stronger oversight to preserve the integrity of evidence collected during a sexual assault examination. It's the least we can do to support survivors, and I'm grateful to Governor Hochul for signing this important legislation."

Assemblymember Amy Paulin said, "This legislation is about justice and accountability for survivors of sexual assault. For too long, evidence kits have fallen into gaps in the system, denying victims the certainty they deserve. This bill closes those gaps by establishing clear responsibilities and timelines so that survivors can have confidence that the evidence will be available to them. I am deeply grateful to Governor Hochul for signing this bill and for her support to strengthen the rape kit tracking system."

Joyful Heart Foundation Director of Policy and Advocacy Ilse Knecht said, "We thank Governor Hochul for recognizing that transparency is essential to a sexual assault survivor's path to healing. A1970A/S5225A guarantees survivors the ability to track the status of their rape kits through the entire process, from collection at the hospital to testing at the crime lab. This is a victory for accountability and a vital step in ensuring a more transparent and survivor-centered process for all New Yorkers."

New York City Alliance Against Sexual Assault Executive Director Emily Miles said, "Today marks a meaningful step forward for survivors in New York with the signing of S5225A/A1970A into law. This legislation closes critical gaps in how sexual assault evidence is handled by ensuring that every sexual offense evidence collection kit, from the moment it's collected in a hospital to the point it enters the statewide tracking system, is accounted for with transparency, clear timelines, and survivor access. This comprehensive tracking framework helps protect evidence integrity and gives survivors the information and peace of mind they deserve throughout the entire process. We commend Governor Hochul and the Legislature, including Senator Gounardes and Assemblymember Paulin, for advancing a more survivor-centered system, and the NYC Alliance Against Sexual Assault looks forward to supporting strong implementation that honors survivors' dignity and rights."

Crime Victims Treatment Center Executive Director Felipe Ellena Ferreira said, "As New York's oldest rape crisis center, we applaud this survivor-centered bill (S5225A/A1970A), which prioritizes timely evidence collection, systematizes transparency, and restores control to survivors on their path to justice."

New York State Coalition Against Domestic Violence Executive Director Connie Neal said, "We are grateful that Governor Hochul has signed S5225A/A1970A into law. This legislation will help survivors of domestic violence and sexual assault secure justice by strengthening transparency and accountability. Survivors deserve to know that their evidence is collected, documented, and traceable at every stage of the process. Domestic violence and sexual assault survivors often navigate multiple complex systems during the most traumatic moments of their lives. This law helps ensure that evidence is handled in a survivor-centered manner. We'd also like to applaud the work of the bill's sponsors, Senator Gounardes and Assemblymember Paulin, for advancing legislation that will help survivors as they heal and seek justice."

Contact the Governor's Press Office