Assembly Bill A2790

2015-2016 Legislative Session

Relates to requests for certain comparisons of DNA test results and disclosure of such information

download bill text pdf

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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-A2790 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §995-c, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5128
2011-2012: A1212
2013-2014: A4481
2017-2018: A4106
2019-2020: A6954

2015-A2790 (ACTIVE) - Summary

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.

2015-A2790 (ACTIVE) - Bill Text download pdf

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

                                  2790

                       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 requests for certain
  DNA test comparisons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 995-c of the executive law is amended by adding a
new subdivision 10 to read as follows:
  10. A SUPERIOR COURT, IN RESPONSE TO A MOTION FOR SUCH COMPARISON BY A
DEFENDANT, MAY ORDER THAT DNA INFORMATION FROM A CRIME SCENE  SAMPLE  OR
SAMPLES  AND/OR FINGERPRINTS OBTAINED IN THE COURSE OF THE INVESTIGATION
OF AN ALLEGED CRIME BE CHECKED AGAINST THE DNA RECORDS MAINTAINED BY  OR
AVAILABLE  THROUGH THE STATE DNA IDENTIFICATION INDEX ESTABLISHED PURSU-
ANT TO THIS SECTION AND THE NATIONAL DNA INDEX SYSTEM, AND  AGAINST  THE
FINGERPRINT RECORDS MAINTAINED BY OR AVAILABLE THROUGH THE STATE FINGER-
PRINT  RECORD  DATABASE  ESTABLISHED  PURSUANT  TO  SUBDIVISION SEVEN OF
SECTION EIGHT HUNDRED THIRTY-SEVEN OF  THIS  CHAPTER  AND  THE  NATIONAL
FINGERPRINT IDENTIFICATION SYSTEM, AND THAT THE RESULTS OF SUCH CHECK OR
CHECKS BE DISCLOSED TO SUCH DEFENDANT AND TO THE PROSECUTOR WHOSE JURIS-
DICTION  INCLUDES  THE LOCATION OF THE ALLEGED COMMISSION OF SUCH CRIME,
UPON A SHOWING BY THE DEFENDANT THAT SUCH AN ANALYSIS MAY BE MATERIAL TO
HIS OR HER DEFENSE AND THAT THE REQUEST IS REASONABLE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01853-01-5


              

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