§ 838-B — Victim's right to notice

New York § 838-B

• Jurisdiction: New York
• Law EXC: Executive
• Art. 35: Division of Criminal Justice Services

Text

§ 838-b. Victim's right to notice. Each police agency, prosecutorial\nagency and other law enforcement agency with jurisdiction over a sexual\noffense shall, upon request of the victim who has consented to report\nsuch offense to law enforcement, provide the sexual offense victim with\nnotice of the date and location at which sexual offense evidence\ncollected or received from such victim is assessed for CODIS eligibility\nand analyzed, whether a CODIS eligible profile was developed and whether\nor not a DNA match was identified, provided, however, that the police\nagency, prosecutorial agency or other law enforcement agency serving the\njurisdiction may temporarily delay release of such DNA match information\nto the victim, prior to the arrest of a suspect alleged to have\ncommitted such offense, if such agency documents in writing and notifies\nthe victim that release of such information would compromise the\nsuccessful investigation of such sexual offense. The police or\nprosecutorial agency or other law enforcement agency in possession of a\nsexual offense evidence kit shall notify the sexual offense victim at\nleast ninety days prior to the expiration of the twenty-year storage\nperiod in accordance with paragraph (k) of subdivision two of section\ntwenty-eight hundred five-i of the public health law.\n