senate Bill S2001

Extends statute of limitation for commencing criminal case when DNA evidence is recovered at a crime scene but the evidence does not match anyone in the DNA index

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Sponsor

Bill Status


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

  • 14 / Jan / 2011
    • REFERRED TO CODES
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1067
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Provides for extending the statue of limitations for the commencement of a criminal action when DNA evidence is recovered at the crime scene and such DNA evidence does not match any person in the state DNA identification index.

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Bill Details

Versions:
S2001
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S1479

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S2001

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 identification 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 Procedure Law provides that in calculating the applicable
period of limitation, 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 period 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
enforcement 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 statute of limitations -- to guard


against potentially unreliable identification 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 statute of limitations as a
shield to protect them against prosecution for the crimes they have
committed.

LEGISLATIVE HISTORY:
2009/2010 - S.1479 - Referred to Codes
2007/2008 - S.2374 - Passed Senate
Similar legislation was passed as part of S.5342 of 2006

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
________________________________________________________________________

                                  2001

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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  identification
  index

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

  Section 1. Paragraph (a) of subdivision 4  of  section  30.10  of  the
criminal procedure law is amended to read as follows:
  (a)  Any  period  following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the where-
abouts of the defendant were continuously unknown and continuously unas-
certainable by the exercise of reasonable diligence OR (III) THE IDENTI-
TY OF THE DEFENDANT WAS CONTINUOUSLY UNKNOWN AND A DEOXYRIBONUCLEIC ACID
(DNA) RECORD OF THE DEFENDANTS GENETIC CODE, OBTAINED  BY  FORENSIC  DNA
TESTING  OF  EVIDENCE LOCATED AT A TIME OR PLACE RELEVANT TO THE COMMIS-
SION OF THE OFFENSE, COULD NOT BE MATCHED TO AN INDIVIDUAL IDENTIFIED BY
DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX BY THE EXER-
CISE OF REASONABLE DILIGENCE.  However, in no event shall the period  of
limitation  be  extended PURSUANT TO THE PROVISIONS OF SUBPARAGRAPHS (I)
AND (II) OF THIS PARAGRAPH by more than five  years  beyond  the  period
otherwise applicable under subdivision two.
  S  2.  This act shall 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 of this act shall apply to
offenses where the applicable period of limitation, including any exten-
sion of such period of limitation pursuant to law in effect before  such
effective date, has not expired on such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06194-01-1

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