N.Y. Executive Law Section 838-B
Victim’s right to notice

Each police agency, prosecutorial agency and other law enforcement agency with jurisdiction over a sexual offense shall, upon request of the victim who has consented to report such offense to law enforcement, provide the sexual offense victim with notice of the date and location at which sexual offense evidence collected or received from such victim is assessed for CODIS eligibility and analyzed, whether a CODIS eligible profile was developed and whether or not a DNA match was identified, provided, however, that the police agency, prosecutorial agency or other law enforcement agency serving the jurisdiction may temporarily delay release of such DNA match information to the victim, prior to the arrest of a suspect alleged to have committed such offense, if such agency documents in writing and notifies the victim that release of such information would compromise the successful investigation of such sexual offense. The police or prosecutorial agency or other law enforcement agency in possession of a sexual offense evidence kit shall notify the sexual offense victim at least ninety days prior to the expiration of the twenty-year storage period in accordance with paragraph (k) of subdivision two of Public Health Law § 2805-I (Treatment of sexual offense victims and maintenance of evidence in a sexual offense)section twenty-eight hundred five-i of the public health law.

Source: Section 838-B — Victim's right to notice, https://www.­nysenate.­gov/legislation/laws/EXC/838-B (updated Jun. 21, 2019; accessed May 24, 2025).

835
Definitions 836
Division of criminal justice services 837
Functions, powers and duties of division 837–A
Additional functions, powers and duties of the division 837–B
Duties of courts and peace officers 837–C
Processing requests submitted by police departments 837–D
Soft body ballistic armor vests for police officers 837–E
Statewide central register for missing children 837–F
Missing and exploited children clearinghouse 837–F–1
Missing vulnerable adults clearinghouse 837–F–2
Missing adults 837–G
Livery vehicle safety training program establishment 837–H
Livery vehicle safety training program 837–I
Uniform parking ticket 837–J
Parking violations enforcement and disposition program 837–K
Safe house for children 837–L
Capital prosecution extraordinary assistance program 837–M
Reporting duties of law enforcement departments with respect to missing children and vulnerable adults 837–M*2
Criminal history records search for certain employment, appointments, licenses or permits in the city of New York 837–N
Criminal history information of caregivers 837–O
Search for arson and sex offense conviction records of volunteer firefighter applicants 837–P
Criminal history records search for certain licenses and registrations in the county of Westchester 837–Q
Payments to Westchester county for policing special parkways 837–R
Office of sex offender management 837–S
Search for sex offense conviction records of emergency medical technician and other first responder applicants 837–T
Use of force reporting 837–U
The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annua... 837–V
Report of discharge of weapon 837–V*2
Reporting duties of law enforcement departments with respect to arrest-related deaths 837–W
Technological viability of microstamping-enabled firearms 837–W*2
Blue alert system 837–X
Cooperation with certain out-of-state investigations 837–X*2
Cooperation with certain out-of-state investigations 837–Y
New York state office of gun violence prevention 838
Identification of unknown dead and missing persons 838–A
Maintenance of sexual offense evidence kits 838–B
Victim’s right to notice 839
Municipal police training council 840
Functions, powers and duties of council 841
Functions, powers and duties of the commissioner with respect to the council 841–A
Security guard advisory council 841–B
Functions, powers and duties of council 841–C
Functions, powers and duties of the commissioner with respect to the council 841–D
Saving clause 842
Council rules and regulations promulgated by governor 843
Division homepage on the internet 844–B
New York state committee for the coordination of police services to elderly persons 845
Central state registry of police officers and peace officers 845–A
Presentment of flags lowered to half-staff in memorial of the death of any police officer or peace officer 845–B
Requests for criminal history information 845–C
Criminal history record searches 845–D
Criminal record searches: reports for civil purposes 845–E
Commercial security tax credit program 846
Programs for the aging 846*2
Programs for the aging
Green check means up to date. Up to date

Accessed:
May 24, 2025

Last modified:
Jun. 21, 2019

§ 838-B’s source at nysenate​.gov

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