S T A T E O F N E W Y O R K
________________________________________________________________________
3528
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. P. RIVERA, MILLMAN, GUNTHER, ARROYO, MAYERSOHN,
LIFTON, SCHROEDER -- Multi-Sponsored by -- M. of A. BENEDETTO,
BURLING, CLARK, CONTE, COOK, DESTITO, FARRELL, FINCH, GLICK, KELLNER,
LAVINE, MARKEY, McDONOUGH, McENENY, J. MILLER, RAIA, REILLY,
N. RIVERA, ROBINSON, SWEENEY, THIELE, TITUS, TOWNS, WEISENBERG -- read
once and referred to the Committee on Codes
AN ACT to amend the tax law, the state finance law, the executive law
and the criminal procedure law, in relation to enacting the "sexual
assault forensic act"; 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. Short title. This act shall be known and may be cited as
the "sexual assault forensic act".
S 2. Paragraphs (e) and (f) of subdivision 1 of section 424 of the tax
law, paragraph (e) as amended by chapter 190 of the laws of 1990 and
paragraph (f) as amended by chapter 508 of the laws of 1993, are amended
to read as follows:
(e) (I) Sixty-seven cents per liter upon liquors containing not more
than twenty-four per centum of alcohol by volume except liquors contain-
ing not more than two per centum of alcohol by volume, upon which the
tax shall be one cent per liter, AND
(II) AN ADDITIONAL FIFTY CENTS PER LITER UPON LIQUOR CONTAINING NOT
MORE THAN TWENTY-FOUR PER CENTUM OF ALCOHOL BY VOLUME; and
(f) (I) One dollar and seventy cents per liter upon all other liquors,
AND (II) AN ADDITIONAL FIFTY CENTS PER LITER UPON ALL OTHER LIQUORS;
when sold or used within this state, except when sold or used under such
circumstances that this state is without power to impose such tax or
when sold to the United States and except beers when sold to or by a
voluntary unincorporated organization of the armed forces of the United
States operating a place for the sale of goods pursuant to regulations
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01096-01-1
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promulgated by the appropriate executive agency of the United States, to
the extent provided in such regulations, directives and policy state-
ments of such an agency applicable to such sales, and except when sold
to professional foreign consuls-general, consuls and vice-consuls who
are nationals of the state appointing them and who are assigned to
foreign consulates in this state, provided that American consular offi-
cers of equal rank who are citizens of the United States and who exer-
cise their official functions at American consulates in such foreign
country are granted reciprocal exemptions; provided, however, that the
commissioner may permit the sale of alcohol without tax to a holder of
any industrial alcohol permit, alcohol permit or alcohol distributor's
permit, issued by the state liquor authority, and by the holder of an
alcohol distributor's permit, class A, issued by such authority to a
holder of a distiller's license, class B, or a winery license, issued by
such authority and may also permit the use of alcohol for any purpose
other than the production of alcoholic beverages by such holders without
tax; provided also that the commissioner may permit the sale of cider
without tax by a holder of a cider producer's license issued by the
state liquor authority to a holder of a cider producer's license or a
cider wholesaler's license issued by such authority.
S 3. Section 435 of the tax law, as added by chapter 69 of the laws of
1978, is amended to read as follows:
S 435. Deposit and disposition of revenue. [All] 1. EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ALL taxes, interest
and penalties collected or received by the [tax commission] DEPARTMENT
under the taxes imposed by this article shall be deposited and disposed
of pursuant to the provisions of section one hundred seventy-one-a of
this chapter.
2. ALL TAXES COLLECTED OR RECEIVED BY THE DEPARTMENT PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (E) AND SUBPARAGRAPH (II) OF PARAGRAPH
(F) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THIS ARTI-
CLE SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO THE PROVISIONS OF
SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
S 4. The state finance law is amended by adding a new section 89-h to
read as follows:
S 89-H. SEXUAL ASSAULT DNA REGISTRY TRUST FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE
"SEXUAL ASSAULT DNA REGISTRY TRUST FUND".
2. SUCH FUND SHALL CONSIST OF ALL TAXES COLLECTED OR RECEIVED BY THE
DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (E) AND SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION ONE
OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW, AND ALL OTHER MONEYS
APPROPRIATED FOR THE PURPOSES OF SUCH FUND, ALL MONEYS TRANSFERRED TO
SUCH FUND PURSUANT TO LAW AND ALL MONEYS REQUIRED BY THE PROVISIONS OF
ANY OTHER LAW TO BE PAID INTO OR CREDITED INTO THE FUND.
3. MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE
PURPOSE OF IMPLEMENTING THE PROVISIONS OF SECTION EIGHT HUNDRED THIRTY-
SEVEN-S OF THE EXECUTIVE LAW.
S 5. Subdivision 2 of section 89-h of the state finance law, as added
by section four of this act, is amended to read as follows:
2. Such fund shall consist of all [taxes collected or received by the
department of taxation and finance pursuant to subparagraph (ii) of
paragraph (e) and subparagraph (ii) of paragraph (f) of subdivision one
of section four hundred twenty-four of the tax law, and all other]
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moneys appropriated for the purposes of such fund, all moneys trans-
ferred to such fund pursuant to law and all moneys required by the
provisions of any other law to be paid into or credited into the fund.
S 6. The executive law is amended by adding a new section 49-a to read
as follows:
S 49-A. REPORT ON SEXUAL ASSAULT DNA REGISTRY TRUST FUND. ON OR BEFORE
FEBRUARY FIRST EACH YEAR, THE COMPTROLLER, IN COOPERATION WITH THE
COMMISSIONER OF CRIMINAL JUSTICE SERVICES, SHALL SUBMIT A REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE USES AND ALLOCATIONS OF THE MONIES
IN THE SEXUAL ASSAULT DNA REGISTRY TRUST FUND, PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-S OF THIS CHAPTER, DURING THE PREVIOUS CALENDAR
YEAR AND THE STATUS OF SUCH FUND AT THE CLOSE OF SUCH CALENDAR YEAR.
SUCH REPORT SHALL INCLUDE:
1. THE AMOUNT OF MONEY FROM THE SEXUAL ASSAULT DNA REGISTRY TRUST FUND
THAT EACH COUNTY RECEIVED;
2. THE AMOUNT OF MONEY EACH COUNTY USED FOR SEXUAL ASSAULT EVIDENCE
COLLECTION AND TESTING;
3. THE NUMBER OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS USED BY EACH
COUNTY;
4. THE AMOUNT OF MONEY USED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THIS CHAPTER;
5. THE AMOUNT OF MONEY USED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
TWO OF SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THIS CHAPTER; AND
6. THE AMOUNTS OF MONEYS CREDITED TO, DISBURSED FROM AND REMAINING IN
THE SEXUAL ASSAULT DNA REGISTRY TRUST FUND.
S 7. The executive law is amended by adding a new section 837-s to
read as follows:
S 837-S. SEXUAL ASSAULT FORENSICS. 1. THE COMMISSIONER, IN CONSULTA-
TION WITH THE COMMISSION ON FORENSIC SCIENCE AND THE COMMISSIONER OF
HEALTH, SHALL ESTABLISH A PROGRAM TO ENHANCE DNA TESTING, EQUIPMENT AND
TRAINING RELATING TO THE INVESTIGATION OF FELONIES DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW.
2. SUCH PROGRAM SHALL ESTABLISH STANDARDS AND PROVIDE FUNDING FOR:
(A) EXPANSION OF DNA TESTING, EQUIPMENT AND TRAINING WITHIN THE STATE
SO AS TO ELIMINATE ANY BACKLOG IN SUCH TESTING OF EVIDENCE IN SEX
OFFENSE FELONIES, AND TO EXPAND THE AVAILABILITY AND USE OF SEXUAL
ASSAULT EVIDENCE KITS;
(B) PROVISION OF TRAINING FOR PERSONS ENGAGED IN THE COLLECTION, ANAL-
YSIS AND STORAGE OF DNA EVIDENCE IN SEX OFFENSE FELONIES;
(C) EMPLOYMENT OF PERSONNEL ENGAGED IN THE COLLECTION, ANALYSIS AND
STORAGE OF DNA EVIDENCE IN SEX OFFENSE FELONIES;
(D) THE PURCHASE AND MAINTENANCE OF EQUIPMENT AND SUPPLIES UTILIZED IN
THE COLLECTION, ANALYSIS AND STORAGE OF DNA EVIDENCE IN SEX OFFENSE
FELONIES;
(E) ESTABLISHMENT OF FACILITIES FOR THE ANALYSIS AND STORAGE OF DNA
EVIDENCE IN SEX OFFENSE FELONIES; AND
(F) TRAINING OF REGISTERED PROFESSIONAL NURSES IN THE COLLECTION OF
DNA EVIDENCE.
3. THE COMMISSIONER SHALL ESTABLISH A SYSTEM WHICH PROVIDES FOR THE
STORAGE AND MAINTENANCE OF DNA, RELATING TO SEX OFFENSE FELONIES. SUCH
SYSTEM SHALL PROVIDE FOR THE STORAGE AND MAINTENANCE OF SUCH EVIDENCE
FOR AN INDEFINITE PERIOD OF TIME AND IN A CONDITION WHERE SUCH EVIDENCE
REMAINS INDISPUTABLE.
S 8. Paragraph (a) of subdivision 2 of section 30.10 of the criminal
procedure law, as amended by chapter 467 of the laws of 2008, is amended
to read as follows:
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(a) A prosecution for a class A felony, or [rape in the first degree
as defined in section 130.35 of the penal law, or a crime defined or
formerly defined in section 130.50 of the penal law, or aggravated sexu-
al abuse in the first degree as defined in section 130.70 of the penal
law, or course of sexual conduct against a child in the first degree as
defined in section 130.75 of the penal law] ANY FELONY DEFINED IN ARTI-
CLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE, OR SECTIONS 255.25,
255.26 OR 255.27 OF THE PENAL LAW WHEN SUCH PROSECUTION IS BASED ON DNA
EVIDENCE, may be commenced at any time;
S 9. The state comptroller shall notify the commissioner of the divi-
sion of criminal justice services when fifteen percent of the total
amount of the taxes collected pursuant to section two of this act is all
that remains in the sexual assault DNA registry trust fund established
in section 89-h of the state finance law. Upon such notification, the
commissioner of the division of criminal justice services shall submit a
report to the governor, temporary president of the senate and speaker of
the assembly on the implementation of the provisions of section 837-s of
the executive law, the funding needs for the continued implementation of
such section and any recommendations on the improved implementation of
the provisions of this act.
S 10. This act shall take effect on the one hundred twentieth day
after it shall have become a law, provided that:
(a) sections two and three of this act shall expire and be deemed
repealed four years after such effective date;
(b) section five of this act shall take effect four years after such
effective date; and
(c) any rules and regulations necessary to implement the provisions of
this act on its effective date are authorized and directed to be
completed on or before such date.