senate Bill S1431

2013-2014 Legislative Session

Extends statute of limitation for commencing criminal case when DNA evidence is recovered at a crime scene but the evidence does not match anyone in the DNA index

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Sponsored By

Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.773
Jan 09, 2013 referred to codes

Votes

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S1431 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2001
2009-2010: S1479

S1431 - Summary

Provides for extending the statue of limitations for the commencement of a criminal action when DNA evidence is recovered at the crime scene and such DNA evidence does not match any person in the state DNA identification index.

S1431 - Sponsor Memo

S1431 - Bill Text download pdf

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

                                  1431

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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  identification
  index

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

  Section 1. Paragraph (a) of subdivision 4  of  section  30.10  of  the
criminal procedure law is amended to read as follows:
  (a)  Any  period  following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the where-
abouts of the defendant were continuously unknown and continuously unas-
certainable by the exercise of reasonable diligence OR (III) THE IDENTI-
TY OF THE DEFENDANT WAS CONTINUOUSLY UNKNOWN AND A DEOXYRIBONUCLEIC ACID
(DNA) RECORD OF THE DEFENDANTS GENETIC CODE, OBTAINED  BY  FORENSIC  DNA
TESTING  OF  EVIDENCE LOCATED AT A TIME OR PLACE RELEVANT TO THE COMMIS-
SION OF THE OFFENSE, COULD NOT BE MATCHED TO AN INDIVIDUAL IDENTIFIED BY
DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX BY THE EXER-
CISE OF REASONABLE DILIGENCE.  However, in no event shall the period  of
limitation  be  extended PURSUANT TO THE PROVISIONS OF SUBPARAGRAPHS (I)
AND (II) OF THIS PARAGRAPH by more than five  years  beyond  the  period
otherwise applicable under subdivision two.
  S  2.  This act shall 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 of this act shall apply to
offenses where the applicable period of limitation, including any exten-
sion of such period of limitation pursuant to law in effect before  such
effective date, has not expired on such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05831-01-3

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