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Assembly Bill A5032

2015-2016 Legislative Session

Relates to ensuring accurate fingerprint identifications and provides for a verification hearing upon arrest

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Archive: Last Bill Status - In Assembly Committee

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2015-A5032 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.30, add §160.35, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3405
2011-2012: A3000
2013-2014: A3367
2017-2018: A765

2015-A5032 (ACTIVE) - Summary

Relates to ensuring accurate fingerprint identifications and provides for a verification hearing immediately upon arrest where such arrest is based on fingerprint identification evidence.

2015-A5032 (ACTIVE) - Bill Text download pdf 

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

                                  5032

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
  accurate  fingerprint identifications and providing for a verification
  hearing upon arrest

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

  Section  1. Section 160.30 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE RESPONSIBLE  FOR
DEVELOPING  AN  ADEQUATE PROCEDURE TO ENSURE THE ACCURACY OF FINGERPRINT
IDENTIFICATIONS IN ORDER TO PREVENT ERRONEOUS IDENTIFICATIONS BASED UPON
CLERICAL ERROR. PRIOR TO THE ARREST OF A DEFENDANT  BASED  UPON  FINGER-
PRINT  IDENTIFICATION  EVIDENCE, TWO DIFFERENT EMPLOYEES OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL EACH  VERIFY  THE  ACCURACY  OF  SUCH
FINGERPRINT  IDENTIFICATION  AND  ACCOMPANYING INFORMATION ON RECORD AND
SHALL MAINTAIN A WRITTEN RECORD OF SUCH VERIFICATIONS.
  S 2. The criminal procedure law is amended by  adding  a  new  section
160.35 to read as follows:
S 160.35 FINGERPRINTING; VERIFICATION HEARING.
  UPON AN ARREST BASED ON FINGERPRINT IDENTIFICATION EVIDENCE, A DEFEND-
ANT  MAY FILE A MOTION CHALLENGING SUCH IDENTIFICATION WITH A PREPONDER-
ANCE OF EVIDENCE AND MAY BE GRANTED AN IMMEDIATE HEARING  IN  THE  LOCAL
CRIMINAL COURT FOR THE PURPOSE OF VERIFYING THE ACCURACY OF SUCH FINGER-
PRINT  IDENTIFICATION  AND THE POSSIBILITY OF CLERICAL OR OTHER ERROR IN
SUCH IDENTIFICATION.
  S 3. The division of criminal justice services shall  make  an  annual
report to the state legislature and the state attorney general regarding
the  accuracy  and efficiency of the procedure developed pursuant to the
amendments made to section 160.30  of  the  criminal  procedure  law  by
section  one  of this act. The report shall include a critical review of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03280-01-5

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