senate Bill S2002

Includes the conviction of any offense for which fingerprints are required to be taken upon arrest within the designated offenses requiring a DNA sample

download pdf

Sponsor

Bill Status


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

actions

  • 14 / Jan / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE

Summary

Includes the conviction of any offense for which fingerprints are required to be taken upon arrest within the designated offenses requiring the submission of a DNA sample to the DNA indentification index.

do you support this bill?

Bill Details

Versions:
S2002
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง995, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S3111

Sponsor Memo

BILL NUMBER:S2002

TITLE OF BILL:
An act
to amend the executive law, in relation to including the conviction of
any offense which requires the taking of fingerprints upon arrest,
within the definition of "designated offender" for purposes of the state
DNA identification index

PURPOSE:
Expands the list of criminal convictions which require a
person to give a DNA sample for inclusion in the state DNA database.

SUMMARY OF PROVISIONS:
Section 1 of the bill expands the definition of "designated offender"
as used in provisions establishing the DNA database. This amendment
expands the list of convictions which require the defendant to give a
DNA sample to now include a conviction for any offense for which a
fingerprint is required to be taken pursuant to subdivision one of
section 160.10 of the Criminal Procedure Law.

Section 2 of the bill provides that these provisions shall be
effective immediately and shall apply to designated offenses
committed on and after the effective date as well as to designated
offenses committed prior to the effective date where service of the
sentence imposed upon the conviction is not completed prior to the
effective date.

EXISTING LAW:
Existing law now provides a list of crimes for which a
person is required to give a DNA sample to the database. However, not
all offenses for which a fingerprint is required to be taken are
included in this list. Increasing the list of crimes for which DNA
samples are required will enhance the possibilities of both detecting
the perpetrators of crimes which have already been committed and
preventing the commission of crimes in the future.

JUSTIFICATION:
There are approximately 130,000 Penal Law misdemeanor and felony
convictions annually in New York State. Experience has clearly shown
that many perpetrators convicted of lower or mid-level crimes have
committed, or will subsequently commit, more serious and violent
crimes. It is now well recognized that the State DNA Databank has
allowed law enforcement officers to link crimes in different
jurisdictions, identify suspects, and, equally important, exonerate
the innocent.

In 2006 the Databank was expanded to include all felonies defined in
the penal law as well as seventeen misdemeanors. There are over
200,000 recorded misdemeanor convictions in the state each year.
While all of these persons convicted of misdemeanors are required to
provide a fingerprint, many of these same persons are not required to
submit a DNA sample. Experience has shown that many serious felony
offenders have a long prior history of petty crimes. Including all
offenses which must be fingerprinted in the DNA database will allow
earlier detection of these criminal individuals, prevent the


commission of future crimes and provide a broader database for
persons to access for the purpose of establishing their innocence.

LEGISLATIVE HISTORY:
2009/2010 - S.3111 Referred to Codes
2007 - S.2375 - Controversial - Passed Senate 54-6/Senator Sabini asked
a question, 166 3/21
2008 - S.2375 - Controversial - Passed Senate 51-9/Senator Schneiderman
explained his vote

FISCAL IMPLICATIONS:
The costs associated with expansion of the
database provided for in this bill have been funded in the 2006-2007
state budget. The 2006-07 budget provided significant funding not
only for the expansion enacted in 2006, but also to process samples
well in excess of the samples that are to be submitted under the
existing law as modified by the expansion enacted in 2006.

EFFECTIVE DATE:
Immediately and applicable to designated offenses
committed on and after the effective date as well as to designated
offenses committed prior to the effective date where service of the
sentence upon such offense has not been completed prior to the
effective date.

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

                                  2002

                       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 Finance

AN ACT to  amend  the  executive  law,  in  relation  to  including  the
  conviction  of  any  offense which requires the taking of fingerprints
  upon arrest,  within  the  definition  of  "designated  offender"  for
  purposes of 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 (f) of subdivision 7 of section 995 of the execu-
tive law, as amended by chapter 405 of the laws of 2010, is amended  and
a new paragraph (g) is added to read as follows:
  (f)  any of the following misdemeanors: assault in the third degree as
defined in section 120.00 of the penal law; attempted aggravated assault
upon a person less than eleven years old, as defined in  section  110.00
and  section  120.12  of  the penal law; attempted menacing in the first
degree, as defined in section 110.00 and section  120.13  of  the  penal
law;  menacing  in the second degree as defined in section 120.14 of the
penal law; menacing in the third degree as defined in section 120.15  of
the  penal law; reckless endangerment in the second degree as defined in
section 120.20 of the penal  law;  stalking  in  the  fourth  degree  as
defined in section 120.45 of the penal law; stalking in the third degree
as defined in section 120.50 of the penal law; attempted stalking in the
second  degree,  as  defined in section 110.00 and section 120.55 of the
penal law; criminal obstruction of breathing  or  blood  circulation  as
defined in section 121.11 of the penal law; forcible touching as defined
in  section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in  section  130.55  of  the
penal  law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law  regard-
less  of  the  age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and  section  135.10  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06222-01-1

S. 2002                             2

penal  law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law;  possession
of  burglar's tools as defined in section 140.35 of the penal law; petit
larceny  as  defined in section 155.25 of the penal law; endangering the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering the welfare of an incompetent or physically  disabled  person  as
defined in section 260.25 of the penal law; OR (G) ANY OTHER OFFENSE FOR
WHICH  THE FINGERPRINTS OF THE DEFENDANT OR ARRESTED PERSON ARE REQUIRED
TO BE TAKEN PURSUANT TO SUBDIVISION ONE OF SECTION 160.10 OF THE  CRIMI-
NAL PROCEDURE LAW.
  S  2. This act shall take effect immediately; provided, that paragraph
(g) of subdivision 7 of section 995 of the executive law,  as  added  by
section one of this act, shall apply to designated offenses committed on
or  after such effective date, as well as to designated offenses commit-
ted prior to such effective date, where service of the sentence  imposed
upon  conviction of such designated offense has not been completed prior
to such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.