Sexual Assault Evidence Kits Protected Longer In NYC

NEW YORK, NY — New York has expanded protections for sexual assault survivors after Gov. Kathy Hochul signed legislation extending evidence kit retention periods, restricting the destruction of evidence in certain cases and directing state agencies to modernize tracking systems.

The measure, sponsored by State Sen. Andrew Gounardes, a Democrat who represents portions of southern Brooklyn including Bay Ridge, Dyker Heights, Bensonhurst, Gravesend, Marine Park and Gerritsen Beach and Assembly Member Amy Paulin, builds on previous reforms governing the collection, storage and management of sexual assault evidence kits.

"Survivors deserve a system that gives them real care and compassion, and that meets them with the patience and protection they need," Gounardes wrote in a statement. "My law ensures sexual assault evidence kits are protected, gives young survivors more agency over their own cases, and lays the groundwork for a more modern, effective evidence tracking system."

Under the law, hospitals and state agencies must retain sexual assault evidence kits collected from survivors who were minors until the survivor's 40th birthday, or for 20 years from the date of collection, whichever is later. Existing law generally required evidence to be preserved for 20 years.

The legislation also bars the destruction of sexual assault evidence at the request of a parent, guardian, conservator or other third party when the survivor is a minor, a vulnerable elderly person, or an individual deemed incompetent or physically disabled under state law.

The law gives minors who independently consent to a forensic rape examination greater control over their cases by allowing them to independently request the destruction of evidence or make decisions about whether a kit is classified as reported or unreported.

State agencies will also form a working group to examine the creation of a more comprehensive evidence tracking system, review forensic testing procedures and recommend improvements to evidence collection and management practices.

The group will include representatives from the Department of Health, the Office of Victim Services, the Division of Criminal Justice Services and the State Police Forensic Investigations Center.

The legislation further requires hospitals to enter reported evidence kits into the statewide electronic tracking system and notify law enforcement within 48 hours when a survivor authorizes release of evidence. Law enforcement agencies must retrieve reported kits within prescribed deadlines and update their status through the tracking system.

The statewide system will track reported evidence kits from collection through final disposition and allow survivors to anonymously monitor the location and status of their evidence.

The working group must deliver its findings and recommendations to the governor and state legislative leaders by Nov. 30, 2026.

"This is about building a criminal justice system that does right by all New Yorkers, and it's the least we can do to support survivors in their moment of need," Gounardes said.