senate Bill S2003

2011-2012 Legislative Session

Provides for the collection of DNA samples from all persons convicted of a crime and establishes the office of wrongful evidence review; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 14, 2011 referred to finance

S2003 - Details

Law Section:
Executive Law
Laws Affected:
Rpld & add §995 sub 7, amd §§995-c, 995-f & 995-b, add §837-s, Exec L; amd §§160.50, 190.25, 30.10, 240.40, 440.10, 440.30 & 440.40, CP L; amd §65.10, Pen L; amd §8-b, Ct Claims Act
Versions Introduced in 2009-2010 Legislative Session:
S3110A

S2003 - Summary

Provides for the collection of DNA samples from all persons convicted of a crime; establishes the office of wrongful evidence review within the division of criminal justice services; provides for access to certain DNA evidence in cases where a defendant may have been wrongfully convicted; extends the statute of limitations in certain cases where there is DNA evidence.

S2003 - Sponsor Memo

S2003 - Bill Text download pdf

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

                                  2003

                       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 the collection of  DNA
  samples  from  designated  offenders,  collection  and preservation of
  biological  evidence,  and  establishing  the   office   of   wrongful
  conviction review; to amend the criminal procedure law, in relation to
  the statute of limitations for criminal offenses, access by defendants
  to  DNA  evidence, and procedures for consideration of post-conviction
  relief; to amend the penal law,  in  relation  to  the  conditions  of
  probation and conditional discharge; to amend the court of claims act,
  in  relation  to  claims  for  unjust  conviction and imprisonment; to
  repeal subdivision 7 of section 995 of the executive law  relating  to
  the  definition of "designated offender" for purposes of the DNA iden-
  tification index; and providing for the repeal of  certain  provisions
  upon expiration thereof

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

  Section 1. Subdivision 7 of  section  995  of  the  executive  law  is
REPEALED and a new subdivision 7 is added to read as follows:
  7. "DESIGNATED OFFENDER" MEANS A PERSON CONVICTED OF AND SENTENCED FOR
A  MISDEMEANOR DEFINED IN THE PENAL LAW OR A FELONY DEFINED IN THE PENAL
LAW, OR A PERSON ADJUDICATED AND SENTENCED AS A YOUTHFUL OFFENDER PURSU-
ANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMINAL  PROCEDURE  LAW  FOR
ANY  SUCH MISDEMEANOR OR FELONY, OR A PERSON WHO IS REQUIRED TO REGISTER
AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  S 2. Subdivision 3 of section 995-c of the executive law,  as  amended
by chapter 576 of the laws of 2004, is amended to read as follows:
  3.  (A) Any designated offender [subsequent to conviction and sentenc-
ing for a crime specified in subdivision seven of section  nine  hundred
ninety-five  of  this  article,]  shall  be required to provide a sample
appropriate for DNA testing to determine identification  characteristics

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06224-01-1

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.