Senate Bill S3111

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

                                  3111

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

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 2 of the laws of 2006, 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; 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 regardless 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 penal law regardless of the age
of  the  victim;  criminal  trespass  in the second degree as defined in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03390-01-9
              

S. 3111                             2

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; endangering the welfare of
an incompetent or physically  disabled  person  as  defined  in  section
260.25;  OR  (G)  ANY  OTHER  OFFENSE  FOR WHICH THE FINGERPRINTS OF THE
DEFENDANT OR ARRESTED PERSON ARE REQUIRED TO BE TAKEN PURSUANT TO SUBDI-
VISION ONE OF SECTION 160.10 OF THE CRIMINAL 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.