NY State Senate Bill 2025-S6004

Senate Bill S6004

2025-2026 Legislative Session

Establishes certain persons who have previously provided a DNA sample shall not be required to pay a DNA databank fee for a conviction for certain offenses

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2025	referred to codes

2025-S6004 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §60.35, Pen L

2025-S6004 (ACTIVE) - Summary

Establishes that no person who has previously provided a DNA sample shall be required to pay a DNA databank fee for their conviction for a subsequent designated offense unless such sample has been expunged.

2025-S6004 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6004

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to clarify that a person who has
already submitted a DNA sample is not required to pay the DNA databank
fee for the conviction of a subsequent designated offense.

 
SUMMARY OF PROVISIONS:

Section 1: Amends 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.

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

Persons convicted of crimes in New York are required to pay a wide vari-
ety of surcharges and fees. While society has an interest in defraying
some of the cost of maintaining the criminal justice system, the imposi-
tion of financial penalties on poor defendants often creates a monetary
burden that is overwhelming and can hinder successful reintegration of
people returning to the community from jail and prison.

The DNA databank fee is charged to persons convicted of an offense for
which they are required to give a DNA sample pursuant to 995-c of the
executive law. Current law appears to allow the fee to be charged even
when a person has previously been convicted of a designated offense,
provided a sample, and paid the fee. Once a person has provided a DNA
sample for the conviction of a designated offense, a second sample is
not collected upon the conviction of a subsequent offense unless the
previous sample has been expunged. Therefore, no DNA fee should be
collected for a subsequent offense unless the previously collected
sample has been expunged.

 
LEGISLATIVE HISTORY:

Senate

2007: No Senate Same-As

2008: No Senate Same-As

2009: No Senate Same-As

2010: No Senate Same-As

2011: No Senate Same-As

2012: No Senate Same-As

2013: No Senate Same-As

2014: No Senate Same-As

2015: No Senate Same-As

2016: No Senate Same-As

2017: No Senate Same-As

2018: No Senate Same-As

2019: No Senate Same-As

2020: No Senate Same-As

2021: No Senate Same-As

2022: No Senate Same-As

2023: No Senate Same-As

2024: No Senate Same-As

Assembly

2007: A8463, Reported referred toways and means

2008: A8463, Reported referred toways and means

2009: A3667, Reported referred toways and means

2010: A3667, Referred to codes

2011: A4436, Referred to codes

2012: A4436, Referred to codes

2013: A3379, Referred to codes

2014: A3379, Referred to codes

2015: A3180, Referred to codes

2016: A3180, Referred to codes

2017: A3720, Referred to codes

2018: A3720, Referred to codes

2019: A4221, Referred to codes

2020: A4221, Referred to codes

2021: A2033, Referred to codes

2022: A2033, Referred to codes

2023: A734, Referred to codes

2024: A734, Referred to codes

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6004 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6004
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD09863-01-5

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