S T A T E O F N E W Y O R K
________________________________________________________________________
4491
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. LAVINE, COLTON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the compar-
ison of fingerprints
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 440.30 of the criminal procedure law is amended by
adding a new subdivision 1-b to read as follows:
1-B. IN RESPONSE TO A MOTION UNDER THIS SECTION, THE COURT MAY ORDER
THE DIVISION OF CRIMINAL JUSTICE SERVICES TO COMPARE A FINGERPRINT
OBTAINED IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION OF THE
DEFENDANT AGAINST THE STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM, OR ITS SUCCESSOR SYSTEM, AND THE NATIONAL INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM, OR ITS SUCCESSOR SYSTEM, UPON THE
COURT'S DETERMINATION THAT (1) SUCH FINGERPRINT COMPLIES WITH FEDERAL
BUREAU OF INVESTIGATION OR STATE REQUIREMENTS, WHICHEVER ARE APPLICABLE
AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING
SUCH A COMPARISON AND (2) IF SUCH COMPARISON HAD BEEN CONDUCTED, AND IF
THE RESULTS HAD BEEN ADMITTED IN THE TRIAL RESULTING IN THE JUDGMENT, A
REASONABLE PROBABILITY EXISTS THAT THE VERDICT WOULD HAVE BEEN MORE
FAVORABLE TO THE DEFENDANT, OR IN A CASE INVOLVING A PLEA OF GUILTY, IF
THE RESULTS HAD BEEN AVAILABLE TO THE DEFENDANT PRIOR TO THE PLEA, A
REASONABLE PROBABILITY EXISTS THAT THE CONVICTION WOULD NOT HAVE
RESULTED.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06030-01-5
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