S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3720
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
   GOTTFRIED -- read once and referred to the Committee 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08146-01-7