S T A T E O F N E W Y O R K
________________________________________________________________________
4480
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to establishing the mini-
mum period of time that forensic samples should be retained by inves-
tigating authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ix) of paragraph (b) of subdivision 9 of
section 995-b of the executive law, as added by chapter 737 of the laws
of 1994, is amended and a new subparagraph (x) is added to read as
follows:
(ix) such policy shall provide for the mutual exchange, use and stor-
age of DNA records with the system of DNA identification utilized by the
federal bureau of investigation provided that the commission determines
that such exchange, use and storage are consistent with the provisions
of this article and applicable provisions of law[.]; AND
(X) SUCH POLICY, WHICH SHALL BE DEVELOPED AND PROMULGATED WITHIN ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, SHALL DETERMINE,
CONSISTENT WITH THIS ARTICLE, THE APPROPRIATE MINIMUM PERIOD OF TIME
THAT FORENSIC SAMPLES OF BLOOD, TISSUE AND OTHER BIOLOGICAL MATERIAL,
OBTAINED IN CONNECTION WITH THE FORENSIC EXAMINATION OF CRIME SCENES,
SHOULD BE RETAINED BY INVESTIGATING AUTHORITIES AND THE TIME OR SPECI-
FIED EVENT OR EVENTS, IF ANY, AFTER WHICH, CONSISTENT WITH THE INTEREST
OF ALL PERSONS AND LAW ENFORCEMENT, SUCH SAMPLES MAY BE DESTROYED. PEND-
ING THE PROMULGATION OF A POLICY ADDRESSING THE ISSUES SET FORTH IN THIS
SUBPARAGRAPH, THE COMMISSION MAY ADOPT AN INTERIM POLICY MANDATING THE
PRESERVATION BY INVESTIGATING AUTHORITIES OF FORENSIC SAMPLES OF BLOOD,
TISSUE AND OTHER BIOLOGICAL MATERIAL OBTAINED IN CONNECTION WITH THE
FORENSIC EXAMINATION OF CRIME SCENES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04597-01-3