S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    616
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE,  COMRIE, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation  to requiring individuals arrested in connection with certain
   felonies 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 SECTIONS 130.25, 130.30,
 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.66, 130.67,  130.70,
 130.75,  130.80,  130.95  AND  130.96  OF THE PENAL LAW, RELATING TO SEX
 OFFENSES; AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05448-01-7
              

 S. 616                              2
 
   (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.
   § 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,
 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

 S. 616                              3

 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.
   (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.
   § 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

 S. 616                              4
 
 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.
   § 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:
 § 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-
 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.
   § 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. 616                              5
 
   § 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.
   § 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:
 § 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.
   § 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:
 §  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
 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.
   § 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
 criminal  procedure  law, paragraph (d) as amended by chapter 449 of the
 laws of 2015 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, or in any
 district court, city court or the criminal court of the city of New York

 S. 616                              6
 
 provided that such court sealed the record, 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 supervision, 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  chap-
 ter, in relation to an application 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 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; [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.
   § 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
 criminal procedure law, paragraph (d) as amended by chapter 449  of  the
 laws  of 2015 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
 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, or in any district court, city court
 or  the  criminal court of the city of New York provided that such court
 sealed the record, 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 super-
 vision of the accused when the  arrest  which  is  the  subject  of  the
 inquiry  is  one  which occurred while the accused was under such super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality

 S. 616                              7
 
 and parole department, for law  enforcement  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 deter-
 mined 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.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.