senate Bill S1431

Directs the adjutant general to present a United States flag to the person disposing of the body of a member of the organized militia

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 16 / Feb / 2011
    • 1ST REPORT CAL.98
  • 28 / Feb / 2011
    • 2ND REPORT CAL.
  • 01 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 14 / Mar / 2011
    • PASSED SENATE
  • 14 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Mar / 2011
    • REFERRED TO VETERANS' AFFAIRS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 18 / Jan / 2012
    • 1ST REPORT CAL.79
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2012
    • PASSED SENATE
  • 05 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2012
    • REFERRED TO VETERANS' AFFAIRS

Summary

Directs the adjutant general, upon request, to present a United States flag to the person designated to dispose of the body of a member of the organized militia, when such member served his or her initial obligation, was discharged for disability incurred or aggravated in the line of duty, or whose service up to the date of death was honorable.

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Bill Details

Versions:
S1431
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Military Law
Laws Affected:
Amd ยง250-a, Mil L
Versions Introduced in 2009-2010 Legislative Cycle:
S1255

Sponsor Memo

BILL NUMBER:S1431

TITLE OF BILL: An act to amend the criminal procedure law, in relation
to the statute of limitations in cases in which a DNA sample from a
crime scene cannot be matched to an individual in the state DNA iden-
tification index

PURPOSE:
This bill would provide for tolling of the statute of limitations in
criminal cases in which the identity of the defendant is established by
means of DNA evidence.

SUMMARY OF PROVISIONS:
Section one would amend paragraph (a) of subdivision 4 of section 30.10
of the Criminal Procedure Law to toll the statute of limitations in
criminal cases in which the identity of the defendant is established by
means of DNA evidence.

Section two provides that the bill would take effect immediately,
provided, however, that the amendment to paragraph (a) of subdivision 4
of section 30.10 of the Criminal Procedure Law made by section one would
apply to offenses where the applicable period of limitation, including
any extension of such period of limitation pursuant to law in effect
before such effective date, has not expired on such effective date.

EXISTING LAW:
Paragraph (a) of subdivision 4 of section 30.10 of the Criminal Proce-
dure Law provides that in calculating the applicable period of limita-
tion, any period following the commission of the offense during which
the defendant was continuously outside this state or the whereabouts of
the defendant were continuously unknown and continuously unascertainable
by the exercise of reasonable diligence shall not be included. The peri-
od of limitation may not be extended by more than five years beyond the
applicable period.

JUSTIFICATION:
Statutes of limitation encourage law enforcement officials to promptly
investigate suspected criminal activity and protect individuals from
having to defend themselves against charges when the basic facts may
have become obscured by the passage of time. However, many criminal
prosecutions are thwarted, despite reasonable diligence by law enforce-
ment officials, by the perpetrator's efforts to avoid identification.

DNA increasingly allows the perpetrators of crimes to be positively
ascertained many years after the crime was committed and the statute of
limitations has expired. This is particularly true as more offenders
have their DNA added to the State DNA Databank and are thereafter linked
to crimes they committed years before. Under such circumstances, the
policy considerations sought to be addressed by statutes of limitations
are no longer valid. In essence, the underlying rationale behind a stat-
ute of limitations -- to guard against potentially unreliable identifi-

cation testimony offered by an eyewitness whose memory has faded with
the passage of time -- evaporates in the face of scientific evidence
whose accuracy is not diminished by the passage of time. In such
instances, perpetrators of crimes should not be allowed to use the stat-
ute of limitations as a shield to protect them against prosecution for
the crimes they have committed.

LEGISLATIVE HISTORY:
2011-2012 - S.2001 - Advanced to third reading/Referred to Codes
2009/2010 - S.1479 - Referred to Codes
2007/2008 - S.2374 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately and applicable to offenses where the
applicable period of limitation, including any extension of such
period of limitation pursuant to law in effect before such effective
date, has not expired on such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1431

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced by Sens. SALAND, BONACIC, DeFRANCISCO, LARKIN, RANZENHOFER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Veterans, Homeland Security and Military Affairs

AN ACT to amend the military law, in relation to the presentation  of  a
  flag  of  the United States to the person designated to dispose of the
  remains of certain members of the organized militia

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of subdivision 1 of section 250-a of
the military law is designated paragraph a and  a  new  paragraph  b  is
added to read as follows:
  B. THE ADJUTANT GENERAL UPON REQUEST, SHALL AUTHORIZE THE PRESENTATION
OF  A  FLAG OF THE UNITED STATES, WHERE SUCH FLAG IS NOT PROVIDED BY THE
UNITED STATES, TO THE PERSON DESIGNATED TO DISPOSE OF THE REMAINS  OF  A
MEMBER OF THE ORGANIZED MILITIA, AS DEFINED IN ARTICLE TWO OF THIS CHAP-
TER,  WHO  HAS  SERVED  HIS OR HER INITIAL OBLIGATION, OR WAS DISCHARGED
THEREFROM FOR A DISABILITY INCURRED OR AGGRAVATED IN THE LINE  OF  DUTY,
OR WHOSE SERVICE UP TO THE DATE OF DEATH WAS HONORABLE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-01-1

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