Senate Bill S4997

2023-2024 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

Current Bill Status - In Senate Committee Internet And Technology Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4997 (ACTIVE) - Details

See Assembly Version of this Bill:
A4467
Current Committee:
Senate Internet And Technology
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
2017-2018: S616
2019-2020: S825
2021-2022: S6134, A10057

2023-S4997 (ACTIVE) - Summary

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

2023-S4997 (ACTIVE) - Sponsor Memo

2023-S4997 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4997
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by  Sens. MURRAY, PALUMBO -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Internet  and
   Technology
 
 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.
                                                            LBD05151-01-3
              

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