Senate Bill S5961

                                 
BILL NUMBER: S5961

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to evidence accepted by
the New York state police forensic investigation center

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will identify more perpetrators of gun crimes by requiring the
New York State Police Forensic Center to accept a sample from any
firearm, rifle, shotgun, ammunition or magazine loading device for DNA
analysis when the sole charge is Criminal Possession of a Weapon or
Criminal Possession of a Firearm.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new section 995-c-1 to Article 49-B of the Executive
Law - Commission on Forensic Science and Establishment of DNA Identifi-
cation Index. Requires the New York State Police Forensic Investigation
Center to accept evidence items or samples for DNA analysis from any
              

firearm, rifle, shotgun, ammunition or magazine loading device when the
sole charge is Criminal Possession of a Weapon or Criminal Possession of
a Firearm.

Section 2. establishes the effective date.

 
JUSTIFICATION:

Currently, any offender convicted of a felony or Penal Law misdemeanor
is required to provide a DNA sample for inclusion in the New York State
DNA Databank. The DNA Databank also contains forensic DNA profiles that
are developed from the analysis of crime scene evidence.

The New York State Police Forensic Investigation Center (FIC) performs
forensic DNA analysis for the over 500 law enforcement agencies that
utilizes its forensic services. Forensic DNA Analysis is the process of
developing DNA profiles from biological evidence to use for comparison
purposes. The offender profiles and forensic profiles are searched
against each other in order to develop investigative leads, identify
perpetrators of crimes and exonerate the innocent. Should a suitable DNA
profile be developed from crime scene evidence, it may be entered into
the Combined DNA Index System (CODIS) administered by the FBI for
searching at the local, state and/or national levels.

However, according to a document outlining its evidence submission and
testing practices, the New York State Police Forensic Investigation
Center generally does not accept DNA testing requests for a firearm
removed from an individual's person where the sole charge is Criminal
Possession of a Weapon.

As a consequence, when law enforcement pulls over a vehicle with multi-
ple people inside and there is also a firearm located in the vehicle,
DNA analysis of the firearm cannot be utilized to identify which indi-
vidual in the vehicle had possession of the weapon, when the only charge
is Criminal Possession of a Weapon. Similarly, if a law enforcement
officer is pursuing an individual with a firearm and that individual
throws his/her weapon and flees the officer, the law enforcemet officer
may not be authorized to submit a sample from that firearm for DNA anal-
ysis for suspect identification.

By allowing law enforcement to submit a firearm, rifle, shotgun, ammuni-
tion or magazine loading device to the State Police Forensic Center for
DNA analysis when the sole charge is Criminal Possession of a Weapon or
Criminal Possession of a Firearm, more perpetrators of gun crimes can be
identified and held accountable, making our communities safer.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.