Assembly Bill A765

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A765 (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
2015-2016: A5032

2017-A765 (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.

2017-A765 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    765
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 160.35 to read as follows:
 § 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.
   § 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.

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