Establishes that no person who has previously provided a DNA sample shall be required to pay a DNA databank fee for his or her conviction for a subsequent designated offense unless such sample has been expunged.
STATE OF NEW YORK
________________________________________________________________________
734
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. AUBRY -- read once and referred 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:
1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 1 of
2 section 60.35 of the penal law, as amended by section 1 of part E of
3 chapter 56 of the laws of 2004, is amended to read as follows:
4 (v) a person convicted of a designated offense as defined by subdivi-
5 sion seven of section nine hundred ninety-five of the executive law
6 shall, in addition to a mandatory surcharge and crime victim assistance
7 fee, pay a DNA databank fee of fifty dollars, provided however that no
8 person who has previously provided a DNA sample pursuant to section nine
9 hundred ninety-five-c of the executive law shall be required to pay a
10 DNA databank fee for the conviction of a subsequent designated offense
11 unless such sample has been expunged pursuant to paragraph (a) of subdi-
12 vision nine of section nine hundred ninety-five-c of the executive law.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01609-01-3
