Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5285
SPONSOR: Reilly 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:
The purpose of this bill is to 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: Effective Date: Immediately.
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) adminsteed by the FBI for search-
ing 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 officer may not be
authorized to submit a sample from that firearm for DNA analysis 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 streets safer.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5285
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to evidence accepted by
the New York state police forensic investigation center
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section
2 995-c-1 to read as follows:
3 § 995-c-1. Evidence. Notwithstanding any provision of law, rule or
4 regulation to the contrary, the New York state police forensic investi-
5 gation center shall accept evidence items or samples for DNA analysis
6 from any firearm, rifle, shotgun, ammunition or magazine loading device
7 when the sole charge is criminal possession of a weapon in the first
8 degree as defined in section 265.04 of the penal law, criminal
9 possession of a weapon in the second degree as defined in section 265.03
10 of the penal law, criminal possession of a weapon in the third degree as
11 defined in section 265.02 of the penal law, criminal possession of a
12 weapon in the fourth degree as defined in section 265.01 of the penal
13 law and criminal possession of a firearm as defined in section 265.01-b
14 of the penal law.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08826-01-3
