Permits requests for certain comparisons of DNA test results of information taken from a crime scene against DNA records maintained by the state or national databanks and disclosure of such information upon a showing that such analysis is material to his or her defense.
STATE OF NEW YORK
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6954
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
___________
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 requests for certain
DNA test comparisons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 995-c of the executive law is amended by adding a
2 new subdivision 10 to read as follows:
3 10. A superior court, in response to a motion for such comparison by a
4 defendant, may order that DNA information from a crime scene sample or
5 samples and/or fingerprints obtained in the course of the investigation
6 of an alleged crime be checked against the DNA records maintained by or
7 available through the state DNA identification index established pursu-
8 ant to this section and the national DNA index system, and against the
9 fingerprint records maintained by or available through the state finger-
10 print record database established pursuant to subdivision seven of
11 section eight hundred thirty-seven of this chapter and the national
12 fingerprint identification system, and that the results of such check or
13 checks be disclosed to such defendant and to the prosecutor whose juris-
14 diction includes the location of the alleged commission of such crime,
15 upon a showing by the defendant that such an analysis may be material to
16 his or her defense and that the request is reasonable.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10385-01-9