senate Bill S616

2017-2018 Legislative Session

Provides that people arrested in connection with felonies relating to sex offenses where the victim is less than 13 years old must submit a DNA sample

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to codes
delivered to assembly
passed senate
May 31, 2018 advanced to third reading
May 30, 2018 2nd report cal.
May 22, 2018 1st report cal.1328
Jan 03, 2018 referred to finance
returned to senate
died in assembly
Jun 19, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1819
committee discharged and committed to rules
Jan 04, 2017 referred to finance

Votes

view votes

May 22, 2018 - Finance committee Vote

S616
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jun 19, 2017 - Rules committee Vote

S616
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S616 - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §§995 & 995-c, Exec L; amd §§120.90, 130.60, 140.20, 140.27, 150.70, 160.20, 160.50 & 160.55, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5323
2019-2020: S825

S616 - Summary

Provides that people arrested in connection with certain felonies must submit a DNA sample.

S616 - Sponsor Memo

S616 - Bill Text download pdf


                    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

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