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S00998 Summary:

BILL NOS00998
 
SAME ASSAME AS A01877
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRBAILEY, BRISPORT, BROUK, COMRIE, GIANARIS, GONZALEZ, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA
 
MLTSPNSR
 
Amd §995-c, Exec L
 
Relates to the establishment of a single computerized state DNA identification index; requires municipalities to expunge any DNA record stored in a municipal DNA identification index.
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S00998 Actions:

BILL NOS00998
 
01/09/2023REFERRED TO INTERNET AND TECHNOLOGY
01/03/2024REFERRED TO INTERNET AND TECHNOLOGY
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S00998 Memo:

Memo not available
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S00998 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           998
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by Sens. HOYLMAN, BAILEY, COMRIE, GIANARIS, GOUNARDES, JACK-
          SON, KRUEGER, PARKER, PERSAUD, RAMOS, RIVERA,  SALAZAR,  SEPULVEDA  --
          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, in relation to the establishment of a
          single computerized state DNA identification index and requiring muni-
          cipalities to expunge any DNA record stored in a municipal  DNA  iden-
          tification index
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 2, 3 and 9 of section 995-c of  the  execu-
     2  tive  law,  subdivisions  1 and 2 as added by chapter 737 of the laws of
     3  1994, subdivision 3 as amended by  chapter  19  of  the  laws  of  2012,
     4  subparagraph  (iii)  of  paragraph  (b)  of  subdivision 3 as amended by
     5  section 1 of part A of chapter 55 of the laws of 2012 and subdivision  9
     6  as  amended  by  chapter 524 of the laws of 2002, are amended to read as
     7  follows:
     8    1. Following the promulgation of a policy by the  commission  pursuant
     9  to  subdivision nine of section nine hundred ninety-five-b of this arti-
    10  cle, the commissioner of criminal  justice  services  is  authorized  to
    11  promulgate  a  plan for the establishment of a single computerized state
    12  DNA  identification  index  within  the  division  of  criminal  justice
    13  services. No county, city, town, village, or municipality, or any entity
    14  thereof,  may  establish  or  maintain a computerized DNA identification
    15  index.
    16    2. Following the review and approval of the plan by the DNA subcommit-
    17  tee and the commission and the filing of such plan with the  speaker  of
    18  the assembly and the temporary president of the senate, the commissioner
    19  of  criminal justice services is hereby authorized to establish a single
    20  computerized state DNA identification index pursuant to  the  provisions
    21  of this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01159-01-3

        S. 998                              2
 
     1    3. (a) Any designated offender subsequent to conviction and sentencing
     2  for a crime specified in subdivision seven of section nine hundred nine-
     3  ty-five of this article, shall be required to provide a sample appropri-
     4  ate for DNA testing to determine identification characteristics specific
     5  to  such  person  and to be included in [a] the state DNA identification
     6  index pursuant to this article.
     7    (b) (i) In the case of a designated offender who  is  sentenced  to  a
     8  term of imprisonment, such sample shall be collected by the public serv-
     9  ant to whose custody the designated offender has been committed.
    10    (ii)  In  the case of a designated offender who is sentenced to a term
    11  of probation, including a sentence of probation imposed  in  conjunction
    12  with  a  sentence  of  imprisonment  when  a sample has not already been
    13  taken, such sample shall be collected by the probation department super-
    14  vising the designated offender.
    15    (iii) In the case of a designated offender  whose  sentence  does  not
    16  include either a term of imprisonment or a term of probation, outside of
    17  the  city of New York, the court shall order that a court officer take a
    18  sample or that the designated offender report to an office of the  sher-
    19  iff  of  that  county,  and  when  the designated offender does so, such
    20  sample shall be collected by the sheriff's office. Within  the  city  of
    21  New  York, the court shall order that the sample be collected by a court
    22  officer.
    23    (iv) Nothing in this paragraph shall prohibit the collection of a  DNA
    24  sample  from a designated offender by any court official, state or local
    25  correction official or  employee,  probation  officer,  parole  officer,
    26  police officer, peace officer, other law enforcement official, or desig-
    27  nated  personnel  of  the  division of criminal justice services who has
    28  been notified by the division of criminal  justice  services  that  such
    29  designated  offender has not provided a DNA sample. Upon notification by
    30  the division of criminal justice services that a designated offender has
    31  not  provided  a  DNA  sample,  such  court  official,  state  or  local
    32  correction  official  or  employee,  probation  officer, parole officer,
    33  police officer, peace officer or  other  law  enforcement  official,  or
    34  designated  personnel of the division of criminal justice services shall
    35  collect the DNA sample.
    36    (c) No persons other than designated offenders shall  be  required  to
    37  provide a DNA sample for inclusion in the DNA identification index.
    38    9.  (a)  Upon  receipt of notification of a reversal or a vacatur of a
    39  conviction, or of the granting of a pardon pursuant to article two-A  of
    40  this  chapter,  of an individual whose DNA record has been stored in the
    41  state DNA identification index in accordance with this  article  by  the
    42  division  of criminal justice services, the DNA record shall be expunged
    43  from the state DNA identification index, and such individual  may  apply
    44  to  the court in which the judgment of conviction was originally entered
    45  for an order directing  the  expungement  of  any  DNA  record  and  any
    46  samples,  analyses,  or  other  documents relating to the DNA testing of
    47  such individual in connection with the investigation or  prosecution  of
    48  the  crime which resulted in the conviction that was reversed or vacated
    49  or for which the pardon was granted. A copy of such application shall be
    50  served on the district attorney and an order directing  expungement  may
    51  be  granted  if  the  court  finds  that  all  appeals  relating  to the
    52  conviction have  been  concluded;  that  such  individual  will  not  be
    53  retried, or, if a retrial has occurred, the trier of fact has rendered a
    54  verdict  of  complete acquittal, and that expungement will not adversely
    55  affect the investigation or prosecution of some other person or  persons
    56  for  the  crime.  The  division  shall, by rule or regulation, prescribe

        S. 998                              3

     1  procedures to ensure that the DNA record in the state DNA identification
     2  index, and any samples, analyses, or other documents  relating  to  such
     3  record,  whether  in the possession of the division, or any law enforce-
     4  ment  or  police  agency,  or any forensic DNA laboratory, including any
     5  duplicates or copies thereof, at the discretion of the possessor  there-
     6  of,  are  either  destroyed  or  returned  to such individual, or to the
     7  attorney who represented him or her at the time such  reversal,  vacatur
     8  or  pardon,  was  granted. The commissioner shall also adopt by rule and
     9  regulation a procedure for the expungement in other appropriate  circum-
    10  stances of DNA records contained in the index.
    11    (b)  As prescribed in this paragraph, if an individual[, either volun-
    12  tarily or pursuant to a warrant or order of a court,] has  provided,  or
    13  law  enforcement  has  obtained,  a sample for DNA testing in connection
    14  with the investigation or prosecution of a crime  and  (i)  no  criminal
    15  action against the individual relating to such crime was commenced with-
    16  in  the period specified by section 30.10 of the criminal procedure law,
    17  or (ii) in the case of a  juvenile  delinquency  arrest,  no  proceeding
    18  under  article  three  of  the family court act was commenced within the
    19  period specified by section 302.2 of the family court act;  or  (iii)  a
    20  criminal  action or a proceeding under article three of the family court
    21  act was commenced against the individual relating to  such  crime  which
    22  resulted   in  a  complete  acquittal,  dismissal,  or  adjudication  or
    23  conviction of a non-criminal offense, or [(iii)] (iv) a criminal  action
    24  against  the  individual relating to such crime resulted in a conviction
    25  that was subsequently reversed or vacated, or for which  the  individual
    26  was  granted  a  pardon  pursuant to article two-A of this chapter, such
    27  individual may apply to the supreme court, the court that had  jurisdic-
    28  tion  over  the  matter or the court in which the judgment of conviction
    29  was originally entered for an order directing the expungement of any DNA
    30  record and any samples, analyses, or other documents relating to the DNA
    31  testing of such individual in connection with the investigation or pros-
    32  ecution of such crime. A copy of such application shall be served on the
    33  district attorney or presentment agency and an order directing  expunge-
    34  ment  [may]  shall be granted if the court finds that the individual has
    35  satisfied the conditions of one of the subparagraphs of this  paragraph;
    36  that  if  a  judgment of conviction was reversed or vacated, all appeals
    37  relating thereto have been concluded and  the  individual  will  not  be
    38  retried, or, if a retrial has occurred, the trier of fact has rendered a
    39  verdict  of  complete acquittal, and that expungement will not adversely
    40  affect the investigation or prosecution of some other person or  persons
    41  for  the  crime. If an order directing the expungement of any DNA record
    42  and any samples, analyses or other documents relating to the DNA testing
    43  of such individual is issued, such record and any samples, analyses,  or
    44  other  documents  shall,  at the discretion of the possessor thereof, be
    45  destroyed or returned to such individual or to the attorney who  repres-
    46  ented  him  or  her  in connection with the application for the order of
    47  expungement. Nothing in this subdivision authorizes  any  county,  city,
    48  town,  village,  or municipality, or any entity thereof, to establish or
    49  maintain a computerized DNA identification index.
    50    (c) Any DNA record stored in a DNA identification index by any county,
    51  city, town,  village,  or  municipality,  or  entity  thereof,  must  be
    52  expunged within ninety days of the effective date of this paragraph.
    53    § 2. This act shall take effect immediately.
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