senate Bill S4730

2013-2014 Legislative Session

Relates to the taking of DNA samples

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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 finance
returned to senate
died in assembly
Jun 18, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1442
committee discharged and committed to rules
Apr 19, 2013 referred to finance

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S4730 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §995-c, Exec L

S4730 - Bill Texts

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Relates to the taking of DNA samples.

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BILL NUMBER:S4730

TITLE OF BILL: An act to amend the executive law, in relation to the
taking of DNA samples

This is one in a series of measures being introduced at the request of
the Chief Administrative judge upon the recommendation of her Advisory
Committee on Criminal Law and Procedure.

This measure would amend the Executive Law to expressly exempt from
DNA collection any defendant who already has a DNA profile included in
the state DNA identification index.

As of August 1, 2012, defendants convicted and sentenced for any
felony or Penal Law misdemeanor are required to provide a DNA sample
for inclusion in the New York State DNA identification index* (L.
2012, cc. 19 and 55). Unfortunately, the law fails to provide any
exception to collection where a defendant has previously given a DNA
sample in connection with a prior conviction and already has a DNA
profile included in the DNA identification index. Instead, the statute
simply provides, in relevant part, "(a)ny designated offender
subsequent to conviction and sentencing shall provide a sample
appropriate for DNA testing ..." (Executive Law § 995-c (3)(a)). The
statute further provides, "the court shall order that a court officer
take a sample or that the designated offender report to an office of
the sheriff of that county." The DNA sample, however, is not itself
placed into the index. Instead, once a sample of a defendant's buccal
cells is collected, it is forensically tested for DNA and the results
are produced in the form of a digital profile that corresponds to the
unique DNA profile of the defendant providing the sample. It is this
digital profile that is included in the index. Subsequent collection
of DNA samples will merely result in a re-entry into the index of the
exact same digital profile.

The Division of Criminal Justice Services, the agency in charge of the
DNA identification index, takes the pragmatic position that a sample
need not be collected from an offender who has previously provided a
sample because any new sample will be wholly duplicative of one
already on file. However, in the absence of express statutory language
that would authorize courts to forgo collection, many courts currently
require collection of redundant samples. Given the vast expansion of
the cases for which a DNA sample is now required and the
administrative costs associated with collection, ordering a redundant
sample is extremely wasteful of the resources of both courts and local
law enforcement personnel. While at least one lower court has held
that a redundant test is not required (see People v Husband, 954 NYS2d
856 (NYC Grim Ct. 2012)), we recommend that the Executive Law be
amended to expressly authorize a court to forego ordering that a
duplicative DNA sample be taken from a defendant who already has a DNA
profile on file with the New York State identification index.

This act would take effect immediately.

Legislative History:

None. New proposal.


*The single exception is for the class B misdemeanor conviction of
criminal possession of marijuana in the fifth degree under subdivision
one of PL § 221.10 by persons who have never before been convicted of
a crime (Executive Law § 995(7))

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

                                  4730

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced by Sen. SKELOS -- (at request of the Office of Court Adminis-
  tration)  --  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  taking  of  DNA
  samples

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

  Section 1. Paragraph (a) of subdivision 3  of  section  995-c  of  the
executive  law, as amended by chapter 19 of the laws of 2012, is amended
to read as follows:
  (a) Any designated offender subsequent to  conviction  and  sentencing
for a crime specified in subdivision seven of section nine hundred nine-
ty-five of this article, shall be required to provide a sample appropri-
ate for DNA testing to determine identification characteristics specific
to  such  person  and to be included in a state DNA identification index
pursuant to this article; PROVIDED, HOWEVER, NO  SUCH  SAMPLE  SHALL  BE
REQUIRED  WHERE  SUCH  OFFENDER  HAS PREVIOUSLY PROVIDED A SAMPLE AND IS
CURRENTLY INCLUDED IN THE STATE DNA IDENTIFICATION INDEX.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09836-01-3

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