Assembly Bill A3405

2009-2010 Legislative Session

Relates to ensuring accurate fingerprint identifications and provides for a verification hearing upon arrest

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3405 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.30, add §160.35, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3000
2013-2014: A3367
2015-2016: A5032
2017-2018: A765

2009-A3405 (ACTIVE) - Summary

Relates to ensuring accurate fingerprint identifications and provides for a verification hearing immediately upon arrest where such arrest is based on fingerprint identification evidence.

2009-A3405 (ACTIVE) - Bill Text download pdf 

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

                                  3405

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. GREENE --
  read once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to ensuring
  accurate fingerprint identifications and providing for a  verification
  hearing upon arrest

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

  Section 1. Section 160.30 of the criminal procedure law is amended  by
adding a new subdivision 3 to read as follows:
  3.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE RESPONSIBLE FOR
DEVELOPING AN ADEQUATE PROCEDURE TO ENSURE THE ACCURACY  OF  FINGERPRINT
IDENTIFICATIONS IN ORDER TO PREVENT ERRONEOUS IDENTIFICATIONS BASED UPON
CLERICAL  ERROR.  PRIOR  TO THE ARREST OF A DEFENDANT BASED UPON FINGER-
PRINT IDENTIFICATION EVIDENCE, TWO DIFFERENT EMPLOYEES OF  THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES  SHALL  EACH VERIFY THE ACCURACY OF SUCH
FINGERPRINT IDENTIFICATION AND ACCOMPANYING INFORMATION  ON  RECORD  AND
SHALL MAINTAIN A WRITTEN RECORD OF SUCH VERIFICATIONS.
  S  2.  The  criminal  procedure law is amended by adding a new section
160.35 to read as follows:
S 160.35 FINGERPRINTING; VERIFICATION HEARING.
  UPON AN ARREST BASED ON FINGERPRINT IDENTIFICATION EVIDENCE, A DEFEND-
ANT MAY FILE A MOTION CHALLENGING SUCH IDENTIFICATION WITH A  PREPONDER-
ANCE  OF  EVIDENCE  AND MAY BE GRANTED AN IMMEDIATE HEARING IN THE LOCAL
CRIMINAL COURT FOR THE PURPOSE OF VERIFYING THE ACCURACY OF SUCH FINGER-
PRINT IDENTIFICATION AND THE POSSIBILITY OF CLERICAL OR OTHER  ERROR  IN
SUCH IDENTIFICATION.
  S  3.  The  division of criminal justice services shall make an annual
report to the state legislature and the state attorney general regarding
the accuracy and efficiency of the procedure developed pursuant  to  the
amendments  made  to  section  160.30  of  the criminal procedure law by
section one of this act. The report shall include a critical  review  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02110-01-9

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