S T A T E O F N E W Y O R K
________________________________________________________________________
6944
2019-2020 Regular Sessions
I N A S S E M B L Y
March 27, 2019
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to forensic DNA
testing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph (a) of subdivision 1-a of
section 440.30 of the criminal procedure law, as amended by chapter 19
of the laws of 2012, is amended to read as follows:
(1) Where the defendant's motion requests the performance of a foren-
sic DNA test on specified evidence, and upon the court's determination
that any evidence containing deoxyribonucleic acid ("DNA") was secured
in connection with the INVESTIGATION OR trial resulting in the judgment,
the court shall grant the application for forensic DNA testing of such
evidence upon its determination that if a DNA test had been conducted on
such evidence, and if the results had been AVAILABLE TO THE DEFENDANT,
OR THE RESULTS HAD BEEN admitted in the trial resulting in the judgment,
there exists a reasonable probability that the DISPOSITION OR verdict
would have been more favorable to the defendant.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10332-01-9