Laws of New York, 1999
Chapter 560
DNA Identification Index
EXPLANATION—Matter in italics is new; matter in brackets [ ] is
old law to be omitted.
LAWS OF NEW YORK, 1999
CHAPTER 560
AN ACT to amend the executive law and the criminal procedure
law, in
relation to the DNA Identification Index
Became a law October 18, 1999, with the approval of the
Governor. Passed
on message of necessity pursuant to Article III, section
14 of the
Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in
Senate and Assem-
bly, do enact as follows:
Section 1. Subdivision 7 of section 995 of the executive
law, as added
by chapter 737 of the laws of 1994, is amended to read as
follows:
7. "Designated offender" means a person convicted
of and sentenced for
any one or more of the following felonies as defined in
the penal law
(a): sections 120.05, 120.10, and 120.11,
relating to assault; sections
125.15 through 125.27 relating to homicide; sections 130.25,
130.30,
130.35, 130.40, 130.45, 130.50, 130.67 and 130.70, relating
to sex
offenses; sections 205.10, 205.15, 205.17 and 205.19, relating
to escape
and other offenses, where the offender has been convicted
within the
previous five years of one of the other felonies specified
in this
subdivision; or section 255.25, relating to incest,
a violent felony
offense as defined in subdivision one of section 70.02
of the penal law,
attempted murder in the first degree, as defined in
section 110.00 and
section 125.27 of the penal law, kidnapping in the
first degree, as
defined in section 135.25 of the penal law, arson
in the first degree,
as defined in section 150.20 of the penal law, burglary
in the third
degree, as defined in section 140.20 of the penal
law or attempted
burglary in the third degree, as defined in section
110.00 and section
140.20 of the penal law; or
(b) criminal possession of a controlled substance
in the first degree,
as defined in section 220.21 of the penal law; criminal
possession of a
controlled substance in the second degree, as defined
in section 220.18
of the penal law; criminal sale of a controlled substance,
as defined in
article 220 of the penal law; or grand larceny in
the fourth, third,
second or first degree, as defined respectively in
sections 155.30,
155.35, 155.40 or 155.45, of the penal law, but only
when such larceny
is from a person pursuant to subparagraph (i) of paragraph
(e) of subdi-
vision two of section 155.05 of the penal law.
§ 2. Paragraph (a) of subdivision 13 of section 995-b
of the executive
law, as added by chapter 737 of the laws of 1994, is amended
to read as
follows:
(a) The commission shall establish a subcommittee on forensic
DNA
laboratories and forensic DNA testing. The chair of the
subcommittee
shall be appointed by the chair of the commission. The chair
of the
subcommittee shall appoint six other members to the subcommittee,
one of
whom shall represent the discipline of molecular biology
and be
appointed upon the recommendation of the commissioner of
the department
of health, one of whom shall represent the discipline of
population
genetics and be appointed upon the recommendation of the
commissioner of
the department of health, one of whom shall be representative
of the
discipline of laboratory standards and quality assurance
regulation and
monitoring and be appointed upon the recommendation of the
commissioner
of the department of health, one of whom shall
be a forensic scientist
and be appointed [by ] upon
the recommendation of the commissioner of the
department of health, one of whom shall be
representative of the disci-
pline of population genetics and be appointed upon the recommendation
of
the commissioner of criminal justice services and one of
whom shall be
representative of the discipline of forensic science and
be appointed
upon the recommendation of the commissioner of criminal
justice
services. Members of the DNA subcommittee shall serve for
three year
terms and be subject to the conditions of service specified
in section
nine hundred ninety-five-a of this article.
§ 3. Subdivision 3 of section 995-c of the executive
law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
3. Any designated offender subsequent to conviction and
sentencing for
a felony specified in subdivision seven of section nine
hundred ninety-
five of this article, shall be required to provide a sample
[of blood ]
appropriate for DNA testing to determine identification
characteristics
specific to such person and to be included in a state DNA
identification
index pursuant to this article.
§ 4. Subdivision 5 of section 995-c of the executive
law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
5. The [blood ] sample shall be
collected, stored and forwarded to any
forensic DNA laboratory which has been authorized by the
commission to
perform forensic DNA testing and analysis for inclusion
in the state DNA
identification index. Such laboratory shall promptly perform
the requi-
site testing and analysis, and forward the resulting DNA
record only to
the state DNA identification index in accordance with the
regulations of
the division of criminal justice services. Such laboratory
shall perform
DNA analysis only for those markers having value for law
enforcement
identification purposes. For the purposes of this article,
the term
"marker" shall have the meaning generally ascribed
to it by members of
the scientific community experienced in the use of DNA technology.
§ 5. Subdivision 2 of section 995-d of the executive
law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of
this section,
records, findings, reports, and results of DNA testing,
other than a DNA
record maintained in the state DNA identification index,
may be
disclosed in a criminal proceeding to the court, the prosecution,
and
the defense pursuant to a written request on a form prescribed
by the
commissioner of the division of criminal justice services.
Notwithstand-
ing the provisions of subdivision one of this section, a
DNA record
maintained in the state DNA identification index may be
disclosed pursu-
ant to section nine hundred [fifty-five-c
] ninety-five-c of this arti-
cle.
§ 6. Section 995-f of the executive law, as added by
chapter 737 of
the laws of 1994, is amended to read as follows:
§ 995-f. Penalties. Any person who (a) intentionally
discloses a DNA
record, or the results of a forensic DNA test or analysis,
to an indi-
vidual or agency other than one authorized to have access
to such
records pursuant to this article or (b) intentionally uses
or receives
DNA records, or the results of a forensic DNA test or analysis,
for
purposes other than those authorized pursuant to this article
or (c) any
person who knowingly tampers or attempts to tamper
with any DNA sample
or the collection container without lawful authority
shall be guilty of
a class [A misdemeanor, and upon conviction thereof,
shall be subject to
a fine of not more than ten thousand dollars
and such other penalties as
are provided in this chapter ] E
felony.
§ 7. Section 450.10 of the criminal procedure law is
amended by adding
a new subdivision 5 to read as follows:
5. An order denying a motion, made pursuant to subdivision
one-a of
section 440.30, for forensic DNA testing of evidence.
§ 8. Section 450.20 of the criminal procedure law is
amended by adding
a new subdivision 11 to read as follows:
11. An order granting a motion, made pursuant to subdivision
one-a of
section 440.30, for forensic DNA testing of evidence.
§ 9. This act shall take effect December 1, 1999; provided,
further,
however, that paragraph (a) of subdivision seven of section
995 of the
executive law, as amended by section one of this act shall
apply to
designated offenses committed on or after the effective
date of this
act, as well as to designated offenses committed prior to
the effective
date of this act where service of the sentence imposed upon
conviction
of the designated offense has not been completed prior to
the effective
date of this act, provided further, that paragraph (b) of
subdivision
seven of section 995 of the executive law, as amended by
section one of
this act, shall take effect and apply only to designated
offenders
convicted on or after the effective date of this act; and
provided
further that an appeal pursuant to subdivision 5 of section
450.10 of
the criminal procedure law as added by section seven of
this act or
subdivision 11 of section 450.20 of the criminal procedure
law, as added
by section eight of this act, shall apply to motions pursuant
to subdi-
vision 1-a of section 440.30 of the criminal procedure law
determined
prior to, or on or after, such effective date of this act.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of
the Public
Officers Law, we hereby jointly certify that this slip copy
of this
session law was printed under our direction and, in accordance
with such
section, is entitled to be read into evidence.
| JOSEPH L. BRUNO | SHELDON SILVER |
| Temporary President of the Senate | Speaker of the Assembly |
Page last updated August 6, 2003