S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3616
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, GALEF, AUBRY, COOK, COLTON, MOSLEY,
   MONTESANO, McDONOUGH -- Multi-Sponsored by -- M. of A. ABBATE, HAWLEY,
   PERRY, RIVERA, SCHIMMINGER -- read once and referred to the  Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the executive law, in relation to the classification
   procedure and use of DNA samples to  identify  unidentified  dead  and
   missing persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  838  of  the  executive  law,  as
 amended  by  chapter  153  of  the  laws  of 2016, is amended to read as
 follows:
   1. Every county medical examiner and coroner  shall  promptly  furnish
 the  division  and  the National Missing and Unidentified Persons System
 created by  the  Office  of  Justice  Program's  National  Institute  of
 Justice, with copies of fingerprints on standardized eight inch by eight
 inch  fingerprint  cards  or the equivalent digital image, SHALL FURNISH
 THE NEW YORK STATE POLICE FORENSIC LABORATORY PROMPTLY WITH DNA  SAMPLES
 OF DECEASED PERSONS OR UNIDENTIFIED BODY PARTS, FOR THE PURPOSE OF CLAS-
 SIFICATION,  WHICH  SAMPLES  SHALL THEN BE FORWARDED BY THE STATE POLICE
 FORENSIC LABORATORY TO THE DIVISION FOR THE PURPOSE  OF  COMPARISON  AND
 FILING,   AND   SHALL   FURNISH  THE  DIVISION  PROMPTLY  WITH  personal
 descriptions and other identifying data, including  date  and  place  of
 death,  of  all  deceased  persons  whose deaths are in a classification
 requiring inquiry by the medical examiner or coroner where the  deceased
 is  not  identified  or the medical examiner or coroner is not satisfied
 with the decedent's identification. The  division  shall  promptly  make
 available  personal  descriptions  and other identifying data, including
 date and place of death, of such deceased persons to all law enforcement
 agencies in the state, and upon request,  to  law  enforcement  agencies
 outside of the state.  THE DIVISION SHALL FORWARD SUCH RECORDS REGARDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00419-01-9

 A. 3616                             2
 
 SUCH  DECEASED  PERSONS OR UNIDENTIFIED BODY PARTS TO THE NATIONAL CRIME
 INFORMATION CENTER UPON SUCH CENTER ADOPTING A  POLICY  TO  ACCEPT  SUCH
 RECORDS.
   §  2.  Subdivision  4 of section 838 of the executive law, as added by
 chapter 670 of the laws of 1982, is amended to read as follows:
   4. The  division  shall  compare  the  fingerprints  AND  DNA  SAMPLES
 received  from  the county medical examiners or coroners to fingerprints
 AND DNA BAND PATTERNS on file with the division for purposes of attempt-
 ing to determine the identity of the deceased.  Other  descriptive  data
 supplied  with  the fingerprints shall also be compared to records main-
 tained by the division concerning missing persons.  The  division  shall
 submit the results of the comparisons to the appropriate medical examin-
 er  or coroner and if a tentative or positive identification is made, to
 the law enforcement authority which submitted the report of the  missing
 person.
   §  3.  Section  995-d  of the executive law is amended by adding a new
 subdivision 3 to read as follows:
   3. ALL RECORDS, FINDINGS, REPORTS AND RESULTS OF DNA TESTING PERFORMED
 PURSUANT TO SUBDIVISION ONE OR FOUR OF  SECTION  EIGHT  HUNDRED  THIRTY-
 EIGHT  OF  THIS  CHAPTER  SHALL  BE  SUBJECT  TO  THE PROVISIONS OF THIS
 SECTION, AND SHALL BE TREATED IN A MANNER CONSISTENT  WITH  SUBDIVISIONS
 FIVE, SIX, SEVEN AND EIGHT OF SECTION NINE HUNDRED NINETY-FIVE-C OF THIS
 ARTICLE.
   §  4.  This  act  shall take effect on the first of the calendar month
 next succeeding the sixtieth day after it shall have become a law.