Amd §§995-b, 995-a & 995-c, Exec L; ren Art 23 §§860 & 861 to be Art 24 §§1000 & 1001, add Art 23 §§900 -
904, Judy L; amd §§1.20, 190.65 & 340.20, add §60.49, CP L; amd §8-b, Ct Claims Act; add §97-pppp, St Fin L
Establishes the minimum period of time that forensic samples should be retained by investigating authorities; creates the state commission for the integrity of the criminal justice system, as an independent agency, and provides for such commission's powers and duties; relates to special fictitious name indictments; relates to requests for certain DNA test comparisons; relates to forensic DNA testing; relates to claims for unjust conviction and imprisonment; relates to DNA testing, data collection and record keeping; and relates to DNA testing in felony cases.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3543
SPONSOR: Lentol (MS) TITLE OF BILL:
An act to amend the executive law, in relation to establishing the mini-
mum period of time that forensic samples should be retained by investi-
gating authorities; in relation to appointments to the commission on
forensic science; to amend the judiciary law, in relation to creating
the state commission for the integrity of the criminal justice system,
as an independent agency, and providing for such commission's powers and
duties; to amend the criminal procedure law, in relation to special
fictitious name indictments; to amend the executive law, in relation to
requests for certain DNA test comparisons; to amend the criminal proce-
dure law, in relation to forensic DNA testing; to amend the court of
claims act, in relation to claims for unjust conviction and imprison-
ment; to amend the executive law and the criminal procedure law, in
relation to DNA testing, confidentiality, data collection and record
keeping; to amend the state finance law, in relation to establishing the
DNA evidence fund; in relation to establishing the innocence research
project program; and to amend the criminal procedure law, in relation to
electronic recordings of interrogations
PURPOSE OR GENERAL IDEA OF BILL:
The bill enacts various provisions of law to help protect against the
conviction of innocent persons, and to assure that the perpetrators of
crimes are caught and convicted. It requires the state Forensic Science
Commission to consider and establish standards regarding the testing,
preservation and cataloguing of certain evidence. The bill also estab-
lishes a State Commission for the Integrity of the Criminal Justice
System, designed to study instances of wrongful conviction in this state
and make recommendations to help prevent wrongful convictions from
occurring in the future.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 995-b of the executive law to
require the state commission on forensic science to develop a policy to
determine the appropriate period of time that DNA samples collected from
a crime scenes should be retained, and, procedures for the cataloguing
of such evidence by investigating authorities.
Section 2 of the bill amends section 995-a of the executive law by
increasing the membership of the. state commission on forensic science
from 14 to 15 members.
Section 3 of the bill requires that two members appointed to the commis-
sion be appointed jointly by the temporary president of the senate and
the speaker of the assembly, one of whom shall have experience as a
crime victim advocate and the other shall be an expert in biomedical
ethics.
Section 4 of the bill provides for a ten member State Commission for the
Integrity of the Criminal Justice System. Members of the commission will
serve without salary. Four of the five commission members shall be
appointed by the Governor; the fifth member shall be the commissioner of
the New York State Division of Criminal Justice Services. The sixth
member of the commission shall be appointed by the Attorney General of
the State of New York. The Chief Judge of New York's highest court, the
Court of Appeals, shall appoint the seventh and eighth members, Finally,
the Temporary President of the State Senate and Speaker of the State
"Assembly shall each appoint one of the commission's ten members.
The commission's mission is to examine instances of wrongful felony
convictions in this state, but only in cases where the person has been
determined to be innocent of the crime and exonerated. No person may
compel a commission investigation as a part of an appeal or court chal-
lenge, nor will the commission serve as a court or tribunal that may
overturn a conviction. The commission will not be-required to evaluate a
specific number or particular types of cases. The commission may subpoe-
na certain records and conduct hearings, although evidentiary privileges
available under law may be invoked in any such proceeding. No judge may
be compelled to offer testimony or evidence concerning the mental proc-
esses involved in arriving at any decision in the case. The commission
from time to time will issue reports concerning its investigations,
including findings of fact and any relevant recommendations. The bill
specifically provides that no report of the commission or portion of a
report may be offered in evidence in any court proceeding relating to a
matter which is the subject of such a report.
Section 5 of the bill amends section 1.20 of the criminal procedure law
to allow for special fictitious name indictments. These "John Doe"
indictments may be used in DNA cases to stop the clock on the running of
statute of limitations where DNA evidence ties an unknown or unidenti-
fied person to the commission of the crime.
Section 6 of the bill makes a conforming amendment to section 190.65 of
the Criminal Procedure Law with respect to such fictitious name indict-
ments.
Section 7 of the bill amends section 8-b of the court of Claims Act to
eliminate certain procedural restrictions that have unfairly prevented
persons exonerated and freed after a wrongful conviction from filing
suit seeking compensation in the State Court of Claims.
Section 8 of the bill amends section 995-b of the executive law to
require the commission on forensic science to review the confidentiality
safeguards with respect to DNA samples and to issue a report to the
legislature in this regard.
Section 9 of the bill amends section 995-c of the executive law to regu-
late DNA identification indexes that may exist in addition to the state
DNA identification index authorized by law and maintained by the state
Division of Criminal Justice Services.
Section 10 of the bill amends section 995-c of the executive law to
require that, upon the destruction of a DNA sample, other than a sample
submitted after conviction to the state DNA Identification Index, the
person who submitted the sample, or such person's attorney, shall
receive a copy of the record of destruction, Further, the bill, provides
that DNA samples provided voluntarily to law enforcement shall be
destroyed, sealed or returned to the person who provided the sample
either at the conclusion of the investigation or five years after such
sample was obtained, whichever occurs earlier. Law enforcement agencies
in possession of such samples would make the determination as to whether
such samples would be returned, destroyed or sealed.
Section 11 of the bill amends section 340.20 of the criminal procedure
law to provide that the court shall advise a person pleading guilty to a
Penal Law misdemeanor that such person will be required to submit a DNA
sample for inclusion in the state DNA identification index.
Section 12 of the bill amends the state finance law to establish a DNA
evidence fund, to assist police and crime laboratories in collecting,
testing and analyzing DNA-crime scene evidence.
Section 13 of the bill establishes the innocence research project
program.
Section 14 this bill adds section 60.49 to the criminal procedure law to
require the electronic recording of custodial interrogations at places
of detention. Numerous exceptions to recording apply, and while the
failure to record the statement may result in inadmissibility, the
statement may nonetheless be considered if the court determines that
certain circumstances existed and the statement was reliable and volun-
tary.
Section 15 is the effective date.
JUSTIFICATION:
This bill maximizes the use of the recent DNA databank expansion by
providing for the establishment of statewide standards for the preserva-
tion and cataloguing of DNA evidence, to ensure that such evidence will
be available when needed for criminal justice purposes. The bill also
removes unnecessary procedural barriers that, in several cases, have
barred wrongly convicted persons from seeking compensation in the Court
of Claims after their exoneration.
The bill also takes a significant step toward reducing wrongful
convictions by requiring the videotaping of custodial interrogations
occurring in police stations in felony cases. Many jurisdictions have
implemented such mandatory videotaping policies. This requirement would
ensure that statements made by persons in custody are preserved and
accurately recorded for use in pre-trial and trial proceedings. It also
will help reduce instances of involuntary or inaccurately reported
statements, thus aiding the truth-finding process and resulting in more
accurate adjudications.
The bill also establishes a Commission on the integrity of the Criminal
Justice System, to study the errors made in wrongful conviction cases
and recommend hew the justice system can be improved to reduce such
errors. The new Commission would study instances of wrongful convictions
after the criminal courts have acted. Studies made by the Commission
would include recommendations to the Governor, the courts and the Legis-
lature for improvements in the investigative and adjudicative process.
The bill provides specific authority for comparisons between volunteered
DNA samples and crime scene. DNA evidence, but regulates the practice so
that only crime-related DNA evidence and DNA profiles obtained from
persons convicted of crimes may be stored in perpetuity in a government
database.
Taken together, these measures will expand the use of DNA to convict the
guilty, make greater use of DNA. evidence to exonerate the innocent,
reduce the incidence of wrongful convictions in this state and improve
the operations of the criminal justice system.
PRIOR LEGISLATIVE HISTORY:
A.8893A of 2007-08
A.8228 of 2009-10
A.5886 of 2011-12
A.4394-A of 2013-14
A.4582 of 2015-16
FISCAL IMPLICATIONS:
Unknown
EFFECTIVE DATE:
The bill takes effect immediately, with some exceptions, see bill.
