Counting in Progress
Does New York law require...
An Audit of Untested Rape Kits?
Tracking of Rape Kits?
Testing of all backlogged rape kits?
Testing of all rape kits in the future?
Victims to be notified of the status of their cases?
Funding for testing kits?
The extent of the untested rape kit backlog in New York State is unknown. However, a law proposed in 2016, which is currently awaiting the Governor's signature, would require law enforcement and public crime labs to report quarterly about the number of untested kits in their possession. New York law does not require law enforcement to track or test rape kits.
In 1999, New York City had at least 17,000 untested rape kits, all of which were tested by 2003.
In 2015, The Accountability Project issued open records requests to bring the number of untested kits in Albany, Buffalo and Rochester to light. To date, we have not received complete responses to these requests.
The proposed 2016 law also requires newly collected kits to be sent to a crime lab for testing within 10 days of receipt and the lab to analyze those kits within 90 days. Under this law, law enforcement agencies must also submit all rape kits currently in storage to a lab within 180 days of enactment and the lab must complete testing within 120 days of receipt.
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