S T A T E   O F   N E W   Y O R K
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                                  4436
                       2011-2012 Regular Sessions
                          I N  A S S E M B L Y
                            February 3, 2011
                               ___________
Introduced  by  M.  of  A.  AUBRY  --  Multi-Sponsored  by  --  M. of A.
  BROOK-KRASNY, COOK, GOTTFRIED, JEFFRIES -- read once and  referred  to
  the Committee on Codes
AN  ACT  to  amend  the  penal  law, in relation to establishing certain
  persons shall not be required to  pay  a  DNA  databank  fee  for  the
  conviction of a subsequent designated offense
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  1  of
section  60.35  of  the  penal law, as amended by section 1 of part E of
chapter 56 of the laws of 2004, is amended to read as follows:
  (v) a person convicted of a designated offense as defined by  subdivi-
sion  seven  of  section  nine  hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim  assistance
fee,  pay  a DNA databank fee of fifty dollars, PROVIDED HOWEVER THAT NO
PERSON WHO HAS PREVIOUSLY PROVIDED A DNA SAMPLE PURSUANT TO SECTION NINE
HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW SHALL BE REQUIRED  TO  PAY  A
DNA  DATABANK  FEE FOR THE CONVICTION OF A SUBSEQUENT DESIGNATED OFFENSE
UNLESS SUCH SAMPLE HAS BEEN EXPUNGED PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION NINE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08357-01-1