Establishes the minimum period of time that forensic samples of blood, tissue and other biological material, should be retained by investigating authorities and the time or specified event or events, if any, after which such samples may be destroyed.
STATE OF NEW YORK
________________________________________________________________________
5209
2009-2010 Regular Sessions
IN ASSEMBLY
February 11, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to establishing the mini-
mum period of time that forensic samples should be retained by inves-
tigating authorities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ix) of paragraph (b) of subdivision 9 of
2 section 995-b of the executive law, as added by chapter 737 of the laws
3 of 1994, is amended and a new subparagraph (x) is added to read as
4 follows:
5 (ix) such policy shall provide for the mutual exchange, use and stor-
6 age of DNA records with the system of DNA identification utilized by the
7 federal bureau of investigation provided that the commission determines
8 that such exchange, use and storage are consistent with the provisions
9 of this article and applicable provisions of law[.]; and
10 (x) such policy, which shall be developed and promulgated within one
11 year of the effective date of this subparagraph, shall determine,
12 consistent with this article, the appropriate minimum period of time
13 that forensic samples of blood, tissue and other biological material,
14 obtained in connection with the forensic examination of crime scenes,
15 should be retained by investigating authorities and the time or speci-
16 fied event or events, if any, after which, consistent with the interest
17 of all persons and law enforcement, such samples may be destroyed. Pend-
18 ing the promulgation of a policy addressing the issues set forth in this
19 subparagraph, the commission may adopt an interim policy mandating the
20 preservation by investigating authorities of forensic samples of blood,
21 tissue and other biological material obtained in connection with the
22 forensic examination of crime scenes.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07482-01-9