S T A T E   O F   N E W   Y O R K
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                                  3180
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                            January 22, 2015
                               ___________
Introduced  by  M.  of  A.  AUBRY  --  Multi-Sponsored  by  --  M. of A.
  BROOK-KRASNY, COOK, GOTTFRIED -- read once and referred to the Commit-
  tee on Codes
AN ACT to amend the penal  law,  in  relation  to  establishing  certain
  persons  shall  not  be  required  to  pay  a DNA databank fee for the
  conviction of a subsequent designated offense
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 1 of
section 60.35 of the penal law, as amended by section 1  of  part  E  of
chapter 56 of the laws of 2004, is amended to read as follows:
  (v)  a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred  ninety-five  of  the  executive  law
shall,  in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars, PROVIDED HOWEVER  THAT  NO
PERSON WHO HAS PREVIOUSLY PROVIDED A DNA SAMPLE PURSUANT TO SECTION NINE
HUNDRED  NINETY-FIVE-C  OF  THE EXECUTIVE LAW SHALL BE REQUIRED TO PAY A
DNA DATABANK FEE FOR THE CONVICTION OF A SUBSEQUENT  DESIGNATED  OFFENSE
UNLESS SUCH SAMPLE HAS BEEN EXPUNGED PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION NINE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07632-01-5