Amd SS424 & 435, Tax L; add S89-h, amd S89-h, St Fin L; add SS49-a & 837-s, Exec L; amd S30.10, CP L
Enacts the "sexual assault forensic act"; imposes a fifty cent tax on every liter of liquor; such tax shall remain in effect for 4 years and be deposited into the sexual assault DNA registry trust fund; the moneys in such fund shall be used by the commissioner of criminal justice services to enhance the collection and preservation of DNA evidence in sex offense felonies; requires the comptroller to annually report to the governor and the legislature on the status of the sexual assault DNA registry trust fund and the uses of the monies disbursed therefrom; eliminates the statute of limitations on the prosecution of sex offense, incest and sexual performance by a child felonies based on DNA evidence.
STATE OF NEW YORK
________________________________________________________________________
5288
2013-2014 Regular Sessions
IN ASSEMBLY
February 22, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the tax law, the state finance law, the executive law
and the criminal procedure law, in relation to enacting the "sexual
assault forensic act"; and providing for the repeal of certain
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "sexual assault forensic act".
3 § 2. Paragraphs (e) and (f) of subdivision 1 of section 424 of the tax
4 law, paragraph (e) as amended by chapter 190 of the laws of 1990 and
5 paragraph (f) as amended by chapter 508 of the laws of 1993, are amended
6 to read as follows:
7 (e) (i) Sixty-seven cents per liter upon liquors containing not more
8 than twenty-four per centum of alcohol by volume except liquors contain-
9 ing not more than two per centum of alcohol by volume, upon which the
10 tax shall be one cent per liter, and
11 (ii) An additional fifty cents per liter upon liquor containing not
12 more than twenty-four per centum of alcohol by volume; and
13 (f) (i) One dollar and seventy cents per liter upon all other liquors,
14 and (ii) an additional fifty cents per liter upon all other liquors;
15 when sold or used within this state, except when sold or used under such
16 circumstances that this state is without power to impose such tax or
17 when sold to the United States and except beers when sold to or by a
18 voluntary unincorporated organization of the armed forces of the United
19 States operating a place for the sale of goods pursuant to regulations
20 promulgated by the appropriate executive agency of the United States, to
21 the extent provided in such regulations, directives and policy state-
22 ments of such an agency applicable to such sales, and except when sold
23 to professional foreign consuls-general, consuls and vice-consuls who
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03178-01-3
A. 5288 2
1 are nationals of the state appointing them and who are assigned to
2 foreign consulates in this state, provided that American consular offi-
3 cers of equal rank who are citizens of the United States and who exer-
4 cise their official functions at American consulates in such foreign
5 country are granted reciprocal exemptions; provided, however, that the
6 commissioner may permit the sale of alcohol without tax to a holder of
7 any industrial alcohol permit, alcohol permit or alcohol distributor's
8 permit, issued by the state liquor authority, and by the holder of an
9 alcohol distributor's permit, class A, issued by such authority to a
10 holder of a distiller's license, class B, or a winery license, issued by
11 such authority and may also permit the use of alcohol for any purpose
12 other than the production of alcoholic beverages by such holders without
13 tax; provided also that the commissioner may permit the sale of cider
14 without tax by a holder of a cider producer's license issued by the
15 state liquor authority to a holder of a cider producer's license or a
16 cider wholesaler's license issued by such authority.
17 § 3. Section 435 of the tax law, as added by chapter 69 of the laws of
18 1978, is amended to read as follows:
19 § 435. Deposit and disposition of revenue. [All] 1. Except as other-
20 wise provided in subdivision two of this section, all taxes, interest
21 and penalties collected or received by the [tax commission] department
22 under the taxes imposed by this article shall be deposited and disposed
23 of pursuant to the provisions of section one hundred seventy-one-a of
24 this chapter.
25 2. All taxes collected or received by the department pursuant to
26 subparagraph (ii) of paragraph (e) and subparagraph (ii) of paragraph
27 (f) of subdivision one of section four hundred twenty-four of this arti-
28 cle shall be deposited and disposed of pursuant to the provisions of
29 section eighty-nine-h of the state finance law.
30 § 4. The state finance law is amended by adding a new section 89-h to
31 read as follows:
32 § 89-h. Sexual assault DNA registry trust fund. 1. There is hereby
33 established in the joint custody of the commissioner of taxation and
34 finance and the state comptroller a special fund to be known as the
35 "sexual assault DNA registry trust fund".
36 2. Such fund shall consist of all taxes collected or received by the
37 department of taxation and finance pursuant to subparagraph (ii) of
38 paragraph (e) and subparagraph (ii) of paragraph (f) of subdivision one
39 of section four hundred twenty-four of the tax law, and all other moneys
40 appropriated for the purposes of such fund, all moneys transferred to
41 such fund pursuant to law and all moneys required by the provisions of
42 any other law to be paid into or credited into the fund.
43 3. Moneys of the fund, when allocated, shall be available to the
44 commissioner of the division of criminal justice services for the
45 purpose of implementing the provisions of section eight hundred thirty-
46 seven-s of the executive law.
47 § 5. Subdivision 2 of section 89-h of the state finance law, as added
48 by section four of this act, is amended to read as follows:
49 2. Such fund shall consist of all [taxes collected or received by the
50 department of taxation and finance pursuant to subparagraph (ii) of
51 paragraph (e) and subparagraph (ii) of paragraph (f) of subdivision one
52 of section four hundred twenty-four of the tax law, and all other]
53 moneys appropriated for the purposes of such fund, all moneys trans-
54 ferred to such fund pursuant to law and all moneys required by the
55 provisions of any other law to be paid into or credited into the fund.
A. 5288 3
1 § 6. The executive law is amended by adding a new section 49-a to read
2 as follows:
3 § 49-a. Report on sexual assault DNA registry trust fund. On or before
4 February first each year, the comptroller, in cooperation with the
5 commissioner of criminal justice services, shall submit a report to the
6 governor and the legislature on the uses and allocations of the monies
7 in the sexual assault DNA registry trust fund, pursuant to section eight
8 hundred thirty-seven-s of this chapter, during the previous calendar
9 year and the status of such fund at the close of such calendar year.
10 Such report shall include:
11 1. the amount of money from the sexual assault DNA registry trust fund
12 that each county received;
13 2. the amount of money each county used for sexual assault evidence
14 collection and testing;
15 3. the number of sexual assault evidence collection kits used by each
16 county;
17 4. the amount of money used pursuant to paragraph (a) of subdivision
18 two of section eight hundred thirty-seven-s of this chapter;
19 5. the amount of money used pursuant to paragraph (b) of subdivision
20 two of section eight hundred thirty-seven-s of this chapter; and
21 6. the amounts of moneys credited to, disbursed from and remaining in
22 the sexual assault DNA registry trust fund.
23 § 7. The executive law is amended by adding a new section 837-s to
24 read as follows:
25 § 837-s. Sexual assault forensics. 1. The commissioner, in consulta-
26 tion with the commission on forensic science and the commissioner of
27 health, shall establish a program to enhance DNA testing, equipment and
28 training relating to the investigation of felonies defined in article
29 one hundred thirty of the penal law.
30 2. Such program shall establish standards and provide funding for:
31 (a) expansion of DNA testing, equipment and training within the state
32 so as to eliminate any backlog in such testing of evidence in sex
33 offense felonies, and to expand the availability and use of sexual
34 assault evidence kits;
35 (b) provision of training for persons engaged in the collection, anal-
36 ysis and storage of DNA evidence in sex offense felonies;
37 (c) employment of personnel engaged in the collection, analysis and
38 storage of DNA evidence in sex offense felonies;
39 (d) the purchase and maintenance of equipment and supplies utilized in
40 the collection, analysis and storage of DNA evidence in sex offense
41 felonies;
42 (e) establishment of facilities for the analysis and storage of DNA
43 evidence in sex offense felonies; and
44 (f) training of registered professional nurses in the collection of
45 DNA evidence.
46 3. The commissioner shall establish a system which provides for the
47 storage and maintenance of DNA, relating to sex offense felonies. Such
48 system shall provide for the storage and maintenance of such evidence
49 for an indefinite period of time and in a condition where such evidence
50 remains indisputable.
51 § 8. Paragraph (a) of subdivision 2 of section 30.10 of the criminal
52 procedure law, as amended by chapter 467 of the laws of 2008, is amended
53 to read as follows:
54 (a) A prosecution for a class A felony, or [rape in the first degree
55 as defined in section 130.35 of the penal law, or a crime defined or
56 formerly defined in section 130.50 of the penal law, or aggravated sexu-
A. 5288 4
1 al abuse in the first degree as defined in section 130.70 of the penal
2 law, or course of sexual conduct against a child in the first degree as
3 defined in section 130.75 of the penal law] any felony defined in arti-
4 cle one hundred thirty or two hundred sixty-three, or sections 255.25,
5 255.26 or 255.27 of the penal law when such prosecution is based on DNA
6 evidence, may be commenced at any time;
7 § 9. The state comptroller shall notify the commissioner of the divi-
8 sion of criminal justice services when fifteen percent of the total
9 amount of the taxes collected pursuant to section two of this act is all
10 that remains in the sexual assault DNA registry trust fund established
11 in section 89-h of the state finance law. Upon such notification, the
12 commissioner of the division of criminal justice services shall submit a
13 report to the governor, temporary president of the senate and speaker of
14 the assembly on the implementation of the provisions of section 837-s of
15 the executive law, the funding needs for the continued implementation of
16 such section and any recommendations on the improved implementation of
17 the provisions of this act.
18 § 10. This act shall take effect on the one hundred twentieth day
19 after it shall have become a law, provided that:
20 (a) sections two and three of this act shall expire and be deemed
21 repealed four years after such effective date;
22 (b) section five of this act shall take effect four years after such
23 effective date; and
24 (c) any rules and regulations necessary to implement the provisions of
25 this act on its effective date are authorized and directed to be
26 completed on or before such date.
