Assembly Bill A2779

2015-2016 Legislative Session

Establishes the minimum period of time that forensic samples should be retained by investigating authorities

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2779 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §995-b, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5209
2011-2012: A1418
2013-2014: A4480
2017-2018: A3683
2019-2020: A6955

2015-A2779 (ACTIVE) - Summary

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.

2015-A2779 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2779

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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:

  Section  1.  Subparagraph  (ix)  of  paragraph (b) of subdivision 9 of
section 995-b of the executive law, as added by chapter 737 of the  laws
of  1994,  is  amended  and  a  new subparagraph (x) is added to read as
follows:
  (ix) such policy shall provide for the mutual exchange, use and  stor-
age of DNA records with the system of DNA identification utilized by the
federal  bureau of investigation provided that the commission determines
that such exchange, use and storage are consistent with  the  provisions
of this article and applicable provisions of law[.]; AND
  (X)  SUCH  POLICY, WHICH SHALL BE DEVELOPED AND PROMULGATED WITHIN ONE
YEAR OF THE  EFFECTIVE  DATE  OF  THIS  SUBPARAGRAPH,  SHALL  DETERMINE,
CONSISTENT  WITH  THIS  ARTICLE,  THE APPROPRIATE MINIMUM PERIOD OF TIME
THAT FORENSIC SAMPLES OF BLOOD, TISSUE AND  OTHER  BIOLOGICAL  MATERIAL,
OBTAINED  IN  CONNECTION  WITH THE FORENSIC EXAMINATION OF CRIME SCENES,
SHOULD BE RETAINED BY INVESTIGATING AUTHORITIES AND THE TIME  OR  SPECI-
FIED  EVENT OR EVENTS, IF ANY, AFTER WHICH, CONSISTENT WITH THE INTEREST
OF ALL PERSONS AND LAW ENFORCEMENT, SUCH SAMPLES MAY BE DESTROYED. PEND-
ING THE PROMULGATION OF A POLICY ADDRESSING THE ISSUES SET FORTH IN THIS
SUBPARAGRAPH, THE COMMISSION MAY ADOPT AN INTERIM POLICY  MANDATING  THE
PRESERVATION  BY INVESTIGATING AUTHORITIES OF FORENSIC SAMPLES OF BLOOD,
TISSUE AND OTHER BIOLOGICAL MATERIAL OBTAINED  IN  CONNECTION  WITH  THE
FORENSIC EXAMINATION OF CRIME SCENES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01848-01-5

              

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