S T A T E O F N E W Y O R K
________________________________________________________________________
734
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing certain
persons shall not be required to pay a DNA databank fee for the
conviction of a subsequent designated offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (v) of paragraph (a) of subdivision 1 of
section 60.35 of the penal law, as amended by section 1 of part E of
chapter 56 of the laws of 2004, is amended to read as follows:
(v) a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars, PROVIDED HOWEVER THAT NO
PERSON WHO HAS PREVIOUSLY PROVIDED A DNA SAMPLE PURSUANT TO SECTION NINE
HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW SHALL BE REQUIRED TO PAY A
DNA DATABANK FEE FOR THE CONVICTION OF A SUBSEQUENT DESIGNATED OFFENSE
UNLESS SUCH SAMPLE HAS BEEN EXPUNGED PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION NINE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01609-01-3