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

                                  7292

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2011
                               ___________

Introduced  by  M. of A. REILLY, GALEF, AUBRY, MARKEY, GUNTHER -- Multi-
  Sponsored by -- M. of A. ABBATE, FARRELL, GABRYSZAK, HOOPER, P. LOPEZ,
  PHEFFER -- read once and referred to  the  Committee  on  Governmental
  Operations

AN  ACT  to  amend  the executive law, in relation to the classification
  procedure and use of DNA samples to  identify  unidentified  dead  and
  missing persons

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

  Section 1. Subdivision 1 of section 838 of the executive law, as added
by chapter 670 of the laws of 1982, is amended to read as follows:
  1. Every county medical examiner and coroner shall furnish  the  divi-
sion  promptly with copies of fingerprints on standardized eight inch by
eight inch fingerprint cards, SHALL FURNISH THE NEW  YORK  STATE  POLICE
FORENSIC  LABORATORY  PROMPTLY  WITH  DNA SAMPLES OF DECEASED PERSONS OR
UNIDENTIFIED BODY  PARTS,  FOR  THE  PURPOSE  OF  CLASSIFICATION,  WHICH
SAMPLES  SHALL THEN BE FORWARDED BY THE STATE POLICE FORENSIC LABORATORY
TO THE DIVISION FOR THE PURPOSE OF  COMPARISON  AND  FILING,  AND  SHALL
FURNISH THE DIVISION PROMPTLY WITH personal descriptions and other iden-
tifying data, including date and place of death, of all deceased persons
whose  deaths  are  in a classification requiring inquiry by the coroner
where the deceased is not identified or the medical examiner or  coroner
is not satisfied with the decedent's identification.  THE DIVISION SHALL
FORWARD  SUCH  RECORDS  REGARDING  SUCH DECEASED PERSONS OR UNIDENTIFIED
BODY PARTS TO THE NATIONAL CRIME INFORMATION  CENTER  UPON  SUCH  CENTER
ADOPTING A POLICY TO ACCEPT SUCH RECORDS.
  S  2.  Subdivision  4 of section 838 of the executive law, as added by
chapter 670 of the laws of 1982, is amended to read as follows:
  4. The  division  shall  compare  the  fingerprints  AND  DNA  SAMPLES
received  from  the county medical examiners or coroners to fingerprints
AND DNA BAND PATTERNS on file with the division for purposes of attempt-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08639-01-1
              

A. 7292                             2

ing to determine the identity of the deceased.  Other  descriptive  data
supplied  with  the fingerprints shall also be compared to records main-
tained by the division concerning missing persons.  The  division  shall
submit the results of the comparisons to the appropriate medical examin-
er  or coroner and if a tentative or positive identification is made, to
the law enforcement authority which submitted the report of the  missing
person.
  S  3.  Section  995-d  of the executive law is amended by adding a new
subdivision 3 to read as follows:
  3. ALL RECORDS, FINDINGS, REPORTS AND RESULTS OF DNA TESTING PERFORMED
PURSUANT  TO  SUBDIVISION  ONE  OR  FOUR  OF   SECTION   EIGHT   HUNDRED
THIRTY-EIGHT  OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS OF THIS
SECTION, AND SHALL BE TREATED IN A MANNER CONSISTENT  WITH  SUBDIVISIONS
FIVE, SIX, SEVEN AND EIGHT OF SECTION NINE HUNDRED NINETY-FIVE-C OF THIS
ARTICLE.
  S  4.  This  act  shall take effect on the first of the calendar month
next succeeding the sixtieth day after it shall have become a law.