senate Bill S1431

2011-2012 Legislative Session

Directs the adjutant general to present a United States flag to the person disposing of the body of a member of the organized militia

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2012 referred to veterans' affairs
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.79
Jan 04, 2012 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Mar 14, 2011 referred to veterans' affairs
delivered to assembly
passed senate
Mar 01, 2011 advanced to third reading
Feb 28, 2011 2nd report cal.
Feb 16, 2011 1st report cal.98
Jan 07, 2011 referred to veterans, homeland security and military affairs

Votes

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Jan 18, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S1431
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 18, 2012

excused (1)

Feb 15, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S1431
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 15, 2011

Co-Sponsors

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S1431 - Bill Details

Current Committee:
Law Section:
Military Law
Laws Affected:
Amd ยง250-a, Mil L
Versions Introduced in 2009-2010 Legislative Session:
S1255

S1431 - Bill Texts

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Directs the adjutant general, upon request, to present a United States flag to the person designated to dispose of the body of a member of the organized militia, when such member served his or her initial obligation, was discharged for disability incurred or aggravated in the line of duty, or whose service up to the date of death was honorable.

view sponsor memo
BILL NUMBER:S1431

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 iden-
tification 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 Proce-
dure Law provides that in calculating the applicable period of limita-
tion, 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 peri-
od 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 enforce-
ment 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 stat-
ute of limitations -- to guard against potentially unreliable identifi-

cation 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 stat-
ute of limitations as a shield to protect them against prosecution for
the crimes they have committed.

LEGISLATIVE HISTORY:
2011-2012 - S.2001 - Advanced to third reading/Referred to Codes
2009/2010 - S.1479 - Referred to Codes
2007/2008 - S.2374 - Passed Senate

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.

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

                                  1431

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced by Sens. SALAND, BONACIC, DeFRANCISCO, LARKIN, RANZENHOFER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Veterans, Homeland Security and Military Affairs

AN ACT to amend the military law, in relation to the presentation  of  a
  flag  of  the United States to the person designated to dispose of the
  remains of certain members of the organized militia

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

  Section  1. The opening paragraph of subdivision 1 of section 250-a of
the military law is designated paragraph a and  a  new  paragraph  b  is
added to read as follows:
  B. THE ADJUTANT GENERAL UPON REQUEST, SHALL AUTHORIZE THE PRESENTATION
OF  A  FLAG OF THE UNITED STATES, WHERE SUCH FLAG IS NOT PROVIDED BY THE
UNITED STATES, TO THE PERSON DESIGNATED TO DISPOSE OF THE REMAINS  OF  A
MEMBER OF THE ORGANIZED MILITIA, AS DEFINED IN ARTICLE TWO OF THIS CHAP-
TER,  WHO  HAS  SERVED  HIS OR HER INITIAL OBLIGATION, OR WAS DISCHARGED
THEREFROM FOR A DISABILITY INCURRED OR AGGRAVATED IN THE LINE  OF  DUTY,
OR WHOSE SERVICE UP TO THE DATE OF DEATH WAS HONORABLE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03598-01-1

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