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

                                  4964

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE,  WEISENBERG, ORTIZ, ROBINSON, COOK,
  CUSICK, CASTRO, GUNTHER, GALEF, TITONE, GABRYSZAK, CYMBROWITZ, MAGNAR-
  ELLI, KOLB -- Multi-Sponsored by -- M. of A. ARROYO, LAVINE,  LUPARDO,
  MAGEE,  MARKEY,  McDONOUGH,  MILLER,  PERRY,  THIELE  -- read once and
  referred to the Committee on Codes

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to requiring individuals arrested in connection with a felony
  to submit a DNA sample

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

  Section 1. Section 995 of the executive law is amended by adding a new
subdivision 7-a to read as follows:
  7-A. "FELONY ARRESTEE" MEANS A PERSON ARRESTED AND  CHARGED  WITH  ANY
ONE  OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE SUCH
ATTEMPT IS A FELONY OFFENSE, AS  DEFINED  IN  THE  PENAL  LAW:  SECTIONS
120.05,  120.06, 120.07, 120.10, 120.11 AND 120.12, RELATING TO ASSAULT;
SECTIONS 120.55 AND 120.60, RELATING TO STALKING; SECTION 120.70, RELAT-
ING TO LURING A CHILD; SECTIONS 125.15, 125.20, 125.21, 125.22,  125.25,
125.26  AND  125.27,  RELATING  TO  HOMICIDE;  SECTIONS  130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.67, 130.70,  130.75,
130.80,  130.95  AND  130.96, RELATING TO SEX OFFENSES; SECTIONS 135.10,
135.20, 135.25 AND 135.35, RELATING TO KIDNAPPING AND LABOR TRAFFICKING;
SECTIONS 140.17,  140.20,  140.25  AND  140.30,  RELATING  TO  BURGLARY;
SECTIONS  150.05, 150.10, 150.15 AND 150.20, RELATING TO ARSON; SECTIONS
155.30, 155.35, 155.40 AND 155.42, RELATING TO GRAND  LARCENY;  SECTIONS
160.05,  160.10 AND 160.15, RELATING TO ROBBERY; SECTION 230.34 RELATING
TO SEX TRAFFICKING; SECTIONS 235.21  AND  235.22,  RELATING  TO  DISSEM-
INATION  OF  INDECENT  MATERIAL  TO  MINORS; SECTIONS 250.45 AND 250.50,
RELATING TO UNLAWFUL SURVEILLANCE; SECTIONS 255.25, 255.26, AND  255.27,
RELATING TO INCEST; SECTIONS 263.05, 263.10, 263.11, 263.15, 263.16, AND
263.30,  RELATING  TO SEXUAL PERFORMANCE BY A CHILD; OR SECTIONS 265.02,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08276-01-3
              

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265.03, 265.04, 265.08,  265.09,  265.11,  265.12,  265.13,  265.14  AND
265.16, RELATING TO FIREARMS AND OTHER DANGEROUS WEAPONS.
  S 2. Subdivision 3 of section 995-c of the executive law is amended by
adding four new paragraphs (c), (d), (e) and (f) to read as follows:
  (C)  A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE APPROPRI-
ATE FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY  ARRESTEE
HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN-
TIFICATION INDEX.
  (D)  A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR FELONY
ARRESTEE WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED  SHALL
SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER
WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
  (E)  THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION  INDEX  SHALL
NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES  INADVERTENTLY,  BUT  IN GOOD FAITH, COLLECTED OR
PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
  (F) THE COMMISSIONER OF CRIMINAL  JUSTICE  SERVICES  SHALL  PROMULGATE
RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI-
CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES
THAT  SHOULD  NOT  BE  IN  THE  INDEX,  INCLUDING THE STEPS NECESSARY TO
EXPUNGE ANY PROFILES WHICH THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
DETERMINES SHOULD NOT BE IN THE INDEX.
  S  3.  Subdivision 9 of section 995-c of the executive law, as amended
by chapter 524 of the laws of 2002, is amended to read as follows:
  9. (a) Upon receipt of notification of a reversal or a  vacatur  of  a
conviction,  or of the granting of a pardon pursuant to article two-A of
this chapter, of an individual whose DNA record has been stored  in  the
state  DNA  identification  index in accordance with this article by the
division of criminal justice services, the DNA record shall be  expunged
from  the  state DNA identification index, and such individual may apply
to the court in which the judgment of conviction was originally  entered
for  an  order  directing  the  expungement  of  any  DNA record and any
samples, analyses, or other documents relating to  the  DNA  testing  of
such  individual  in connection with the investigation or prosecution of
the crime which resulted in the conviction that was reversed or  vacated
or for which the pardon was granted. A copy of such application shall be
served  on  the district attorney and an order directing expungement may
be granted  if  the  court  finds  that  all  appeals  relating  to  the
conviction  have  been  concluded;  that  such  individual  will  not be
retried, or, if a retrial has occurred, the trier of fact has rendered a
verdict of complete acquittal, and that expungement will  not  adversely
affect  the investigation or prosecution of some other person or persons
for the crime. The division shall,  by  rule  or  regulation,  prescribe
procedures to ensure that the DNA record in the state DNA identification
index,  and  any  samples, analyses, or other documents relating to such
record, whether in the possession of the division, or any  law  enforce-
ment  or  police  agency,  or any forensic DNA laboratory, including any
duplicates or copies thereof, at the discretion of the possessor  there-
of,  are  either  destroyed  or  returned  to such individual, or to the
attorney who represented him or her at the time such  reversal,  vacatur
or  pardon,  was  granted. The commissioner shall also adopt by rule and
regulation a procedure for the expungement in other appropriate  circum-
stances of DNA records contained in the index.
  (b)  As  prescribed in this paragraph, if an individual, either volun-
tarily, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS  SECTION,

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or  pursuant to a warrant or order of a court, has provided a sample for
DNA testing in connection with the investigation, ARREST or  prosecution
of a crime and (i) no criminal action against the individual relating to
such crime was commenced within the period specified by section 30.10 of
the  criminal  procedure  law,  or  (ii) a criminal action was commenced
against the individual relating  to  such  crime  which  resulted  in  a
complete acquittal, or (iii) a criminal action WAS COMMENCED against the
individual  relating  to  such  crime [resulted in a conviction that was
subsequently reversed or vacated, or for which the individual was grant-
ed a pardon pursuant to article two-A of this chapter,  such  individual
may  apply  to  the  supreme court or the court in which the judgment of
conviction was originally entered for an order directing the expungement
of any DNA record and any samples, analyses, or other documents relating
to the DNA testing of such individual in connection  with  the  investi-
gation or prosecution of such crime. A copy of such application shall be
served  on  the district attorney and an order directing expungement may
be granted if the court finds that  the  individual  has  satisfied  the
conditions  of  one  of  the  subparagraphs of this paragraph; that if a
judgment of conviction was reversed or  vacated,  all  appeals  relating
thereto  have been concluded and the individual will not be retried, or,
if a retrial has occurred, the trier of fact has rendered a  verdict  of
complete  acquittal,  and that expungement will not adversely affect the
investigation or prosecution of some other person  or  persons  for  the
crime.  If  an order directing the expungement of any DNA record and any
samples, analyses or other documents relating to the DNA testing of such
individual is issued] WHICH WAS  RESOLVED  BY  A  DISMISSAL,  SUCCESSFUL
COMPLETION  OF  A  PRE-PROSECUTION  DIVERSION  PROGRAM,  OR  CONDITIONAL
DISCHARGE OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA  COLLECTION
PURSUANT  TO  SECTION  NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE DNA
RECORD SHALL BE EXPUNGED FROM THE STATE  DNA  IDENTIFICATION  INDEX.  AN
INDIVIDUAL  MAY  REQUEST  EXPUNGEMENT OF ANY DNA RECORD AND ANY SAMPLES,
ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID-
UAL BY PROVIDING THE FOLLOWING MATERIALS TO  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES:
  (1)  A  WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND DNA RECORDS;
AND
  (2) A CERTIFIED COPY OF THE  DISMISSAL,  SUCCESSFUL  COMPLETION  OF  A
PRE-PROSECUTION  DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE, MISDEMEA-
NOR CONVICTION OR ACQUITTAL; AND
  (3) A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH  JURIS-
DICTION  OVER THE MATTER THAT: THE CASE WAS DISMISSED; A PRE-PROSECUTION
DIVERSION  PROGRAM  OR  CONDITIONAL  DISCHARGE,  MISDEMEANOR  CONVICTION
EXCLUDED   FROM   DNA   COLLECTION  PURSUANT  TO  SECTION  NINE  HUNDRED
NINETY-FIVE OF THIS ARTICLE OR ACQUITTAL  OCCURRED;  NO  FELONY  CHARGES
AROSE  OUT  OF  THE ARREST; OR NO CRIMINAL ACTION AGAINST THE INDIVIDUAL
RELATING TO SUCH CRIME WAS COMMENCED  WITHIN  THE  PERIOD  SPECIFIED  BY
SECTION  30.10  OF THE CRIMINAL PROCEDURE LAW; AND THAT EXPUNGEMENT WILL
NOT ADVERSELY AFFECT THE INVESTIGATION  OR  PROSECUTION  OF  SOME  OTHER
PERSON OR PERSONS FOR THE CRIME.
  (C)  IF  EXPUNGEMENT  IS WARRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION, such record and any samples, analyses, or other  docu-
ments shall, at the discretion of the possessor thereof, be destroyed or
returned  to  such  individual or to the attorney who represented him or
her IN THE CRIMINAL ACTION OR in connection with  the  [application  for
the order of] REQUEST FOR expungement.

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  (D)  NO  EXPUNGEMENT  SHALL BE GRANTED WHERE AN INDIVIDUAL HAS A PRIOR
CONVICTION REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR  WHICH
COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
  S 4. Subdivision 6 of section 120.90 of the criminal procedure law, as
amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
follows:
  6.  Before bringing a defendant arrested pursuant to a warrant  before
the  local  criminal court in which such warrant is returnable, a police
officer must without unnecessary delay perform  all  fingerprinting  and
other preliminary police duties required in the particular case.  In any
case  in  which  the defendant is not brought by a police officer before
such court but, following his arrest in another county  for  an  offense
specified  in  subdivision  one  of  section  160.10  OF  THIS TITLE, is
released by a local criminal court of  such  other  county  on  his  own
recognizance  or  on  bail for his appearance on a specified date before
the local criminal court before which the  warrant  is  returnable,  the
latter  court  must, upon arraignment of the defendant before it, direct
that he be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR  DNA  TESTING
TAKEN, IF REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE
EXECUTIVE  LAW, by the appropriate officer or agency, and that he appear
at an appropriate designated time and place for such purpose.
  S 5. Section 130.60 of the criminal procedure law, as amended by chap-
ter 95 of the laws of 1991, subdivision 1 as amended by chapter  446  of
the laws of 1993, is amended to read as follows:
S 130.60 Summons; fingerprinting of defendant.
  1. Upon the arraignment of a defendant whose court attendance has been
secured  by the issuance and service of a summons, based upon an indict-
ment,  a  prosecutor's  information  or  upon  an  information,   felony
complaint  or  misdemeanor  complaint  filed  by  a complainant who is a
police officer, the court must, if an offense charged in the  accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE,  direct  that  the  defendant be fingerprinted by the appropriate
police officer or agency, and that he or she appear  at  an  appropriate
designated  time  and  place for such purpose.  IF AN OFFENSE CHARGED IN
THE ACCUSATORY INSTRUMENT IS ONE SPECIFIED  IN  SUBDIVISION  SEVEN-A  OF
SECTION  NINE  HUNDRED  NINETY-FIVE OF THE EXECUTIVE LAW, THE COURT MUST
DIRECT THAT A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND  THAT  HE
OR  SHE  APPEAR  AT  AN  APPROPRIATE  DESIGNATED TIME AND PLACE FOR SUCH
PURPOSE.
  2. Upon the arraignment of a defendant whose court attendance has been
secured by the issuance and service of a summons based upon an  informa-
tion or misdemeanor complaint filed by a complainant who is not a police
officer,  and  who  has not previously been fingerprinted OR FROM WHOM A
DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN AND WAS  REQUIRED  PURSUANT  TO
SECTION  NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court may,
if it finds reasonable cause to believe that the defendant has committed
an offense specified in subdivision one of section 160.10 OF THIS TITLE,
direct that the defendant be fingerprinted AND/OR HAVE A  SAMPLE  APPRO-
PRIATE  FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINE-
TY-FIVE-C OF THE EXECUTIVE LAW, by the  appropriate  police  officer  or
agency  and  that  he appear at an appropriate designated time and place
for such purpose. A defendant whose court appearance has been secured by
the issuance and service of a criminal summons based upon a  misdemeanor
complaint  or  information  filed  by  a complainant who is not a police
officer, must be directed by the court, upon conviction of  the  defend-

A. 4964                             5

ant,  to  be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF  THE  EXECU-
TIVE LAW, by the appropriate police officer or agency and the court must
also  direct that the defendant appear at an appropriate designated time
and place for such purpose, if the defendant is convicted of any offense
specified in subdivision one of section 160.10 OF THIS TITLE.
  S 6. Subdivision 5 of section 140.20 of the criminal procedure law, as
amended by chapter 762 of the laws  of  1971,  is  amended  to  read  as
follows:
  5.  Before  service  of  an  appearance ticket upon an arrested person
pursuant to subdivision two or three OF THIS SECTION, the issuing police
officer must, if the offense designated in such appearance ticket is one
of those specified in subdivision one of section 160.10 OF  THIS  TITLE,
cause  such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C  OF
THE  EXECUTIVE  LAW,  in  the  same  manner as would be required were no
appearance ticket to be issued or served.
  S 7. Subdivision 2 of section 140.27 of the criminal procedure law, as
amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three OF THIS SECTION, must without
unnecessary  delay  bring  him or cause him to be brought before a local
criminal court, as provided in section 100.55  and  subdivision  one  of
section 140.20 OF THIS TITLE, and must without unnecessary delay file or
cause  to  be  filed therewith an appropriate accusatory instrument.  If
the offense which is the subject of the arrest is one of those specified
in subdivision one of section 160.10 OF THIS TITLE, the arrested  person
must  be  fingerprinted  and photographed, AND HAVE A SAMPLE APPROPRIATE
FOR DNA TESTING TAKEN IF REQUIRED BY SECTION NINE HUNDRED  NINETY-FIVE-C
OF  THE  EXECUTIVE  LAW,  as therein provided.   In order to execute the
required post-arrest functions, such arresting peace officer may perform
such functions himself or he may enlist the aid of a police officer  for
the  performance  thereof  in  the manner provided in subdivision one of
section 140.20 OF THIS ARTICLE.
  S 8. Section 150.70 of the criminal procedure law, as amended by chap-
ter 762 of the laws of 1971, is amended to read as follows:
S 150.70  Appearance ticket; fingerprinting AND DNA ANALYSIS  SAMPLE  of
             defendant.
  Upon  the  arraignment  of  a  defendant who has not been arrested and
whose court attendance has been secured by the issuance and  service  of
an  appearance  ticket  pursuant to subdivision one of section 150.20 OF
THIS ARTICLE, the court must, if an offense charged  in  the  accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE,  direct  that  the defendant be fingerprinted   AND HAVE A SAMPLE
APPROPRIATE FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE  HUNDRED
NINETY-FIVE-C  OF THE EXECUTIVE LAW by the appropriate police officer or
agency, and that he appear at an appropriate designated time  and  place
for such purpose.
  S 9. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S  160.20  Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
             prints AND DNA ANALYSIS SAMPLE.
  1. Upon the taking of fingerprints of an arrested person or  defendant
as  prescribed in section 160.10 OF THIS ARTICLE, the appropriate police

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officer or agency must without unnecessary delay forward two  copies  of
such fingerprints to the division of criminal justice services.
  2.   UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE APPROPRIATE
POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD
SUCH DNA SAMPLE TO A FORENSIC DNA LABORATORY FOR  FORENSIC  DNA  TESTING
AND  ANALYSES,  AND  INCLUSION  IN THE STATE DNA IDENTIFICATION INDEX IN
ACCORDANCE WITH SUBDIVISION FIVE OF SECTION NINE  HUNDRED  NINETY-FIVE-C
OF THE EXECUTIVE LAW.
  S 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
criminal  procedure  law,  paragraph  (d)  as  amended  by section 73 of
subpart B of part C of chapter 62 of the laws of 2011 and paragraph  (e)
as  amended  by  chapter  169 of the laws of 1994, are amended and a new
paragraph (f) is added to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a  license,  or  (iv) the [New York state] department of corrections and
community supervision when the accused is on  parole  supervision  as  a
result  of  conditional  release or a parole release granted by the [New
York] state board of parole, and the arrest which is the subject of  the
inquiry  is  one  which occurred while the accused was under such super-
vision or (v) any prospective employer of  a  police  officer  or  peace
officer  as  those  terms  are  defined in subdivisions thirty-three and
thirty-four of section 1.20 of this chapter, in relation to an  applica-
tion  for  employment  as  a  police officer or peace officer; provided,
however, that every person who is  an  applicant  for  the  position  of
police  officer  or  peace officer shall be furnished with a copy of all
records obtained under this paragraph and  afforded  an  opportunity  to
make  an explanation thereto, or (vi) the probation department responsi-
ble for supervision of the accused when the arrest which is the  subject
of  the  inquiry  is one which occurred while the accused was under such
supervision; [and]
  (e) where fingerprints subject to the provisions of this section  have
been received by the division of criminal justice services and have been
filed  by  the  division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file  with  the
division which was not sealed pursuant to this section or section 160.55
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT  TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND ANY
DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER  DOCUMENTS
RELATING  TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
criminal procedure law, paragraph  (d)  as  amended  by  section  74  of
subpart  B of part C of chapter 62 of the laws of 2011 and paragraph (e)
as amended by chapter 169 of the laws of 1994, are  amended  and  a  new
paragraph (f) is added to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be  made  available to the person accused or to such person's designated

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agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to  section  170.56
or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
parte  motion  in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires  that  such  records  be
made available to it, or (iii) any state or local officer or agency with
responsibility  for  the  issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the  [New  York
state]  department  of  corrections  and  community supervision when the
accused is under parole supervision as a result of  conditional  release
or  parole  release  granted by the [New York] state board of parole and
the arrest which is the subject of the inquiry  is  one  which  occurred
while  the  accused  was  under  such  supervision, or (v) the probation
department responsible for supervision of the accused  when  the  arrest
which  is  the  subject  of  the inquiry is one which occurred while the
accused was under such supervision, or (vi) a police  agency,  probation
department,  sheriff's office, district attorney's office, department of
correction of any municipality and parole department, for  law  enforce-
ment  purposes,  upon arrest in instances in which the individual stands
convicted of harassment in the second  degree,  as  defined  in  section
240.26  of  the penal law, committed against a member of the same family
or household as the defendant, as defined in subdivision one of  section
530.11  of  this chapter, and determined pursuant to subdivision eight-a
of section 170.10 of this title; [and]
  (e) where fingerprints subject to the provisions of this section  have
been received by the division of criminal justice services and have been
filed  by  the  division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file  with  the
division which was not sealed pursuant to this section or section 160.50
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT  TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY DNA
RECORD RELATING TO SUCH SAMPLE, AND  ANY  ANALYSES  OR  OTHER  DOCUMENTS
RELATING  TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S 12. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.