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New York tightens rape kit tracking rules

New York is changing how sexual assault evidence moves from hospitals to police and crime labs, aiming to close gaps that have long frustrated survivors.

State officials signed new legislation that brings hospitals directly into the sexual offense evidence kit tracking process and sets clear timelines for law enforcement to pick up and deliver kits for testing. Supporters say the changes reduce the risk that evidence gets lost, delayed, or mishandled.


The law expands New York’s Statewide Rape Kit Tracking System, which launched in 2023 and allows survivors to follow the status of their evidence. Once technical amendments are approved in the upcoming legislative session, police departments and sheriffs’ offices will have 10 days to retrieve kits from hospitals, as long as the survivor consents to release the evidence. Hospitals will also have to log kits into the electronic tracking system and notify law enforcement within 48 hours of collection.

State officials say the changes clarify responsibilities at every step, from the hospital exam room to the forensic lab. The State Division of Criminal Justice Services is overseeing development of the system, which is expected to be fully operational next spring.

Survivors still control key decisions. They choose whether to consent to evidence collection, whether to report the assault, and whether to release the kit to law enforcement. If a survivor decides not to submit the kit for investigation, state law requires it to be stored for up to 20 years at a facility operated by the Office of Victims Services, giving survivors time to decide how they want to proceed.

“Survivors of sexual assault deserve respect, care and transparency when it comes to handling evidence from their cases,” said State Senator Andrew Gounardes, who sponsored the bill in the Senate. Assemblymember Amy Paulin said the law closes gaps that have left survivors unsure whether evidence would be available when they needed it.

Advocacy groups welcomed the changes, calling them a step toward a more survivor-centered system. Ilse Knecht of the Joyful Heart Foundation said the law guarantees survivors the ability to track their kits from hospital collection through testing. Emily Miles of the New York City Alliance Against Sexual Assault said the new framework provides transparency, clear timelines, and peace of mind during a difficult process.

Organizations serving survivors across the state echoed that message, saying the law strengthens accountability while restoring a sense of control to people navigating trauma.