A3000-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 21, 2011: referred to codes

A3000-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3000
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 21, 2011
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
 on Codes
 

AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
 accurate  fingerprint identifications and providing for a verification
 hearing upon arrest
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 160.30 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:

 3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE RESPONSIBLE  FOR
 DEVELOPING  AN  ADEQUATE PROCEDURE TO ENSURE THE ACCURACY OF FINGERPRINT
 IDENTIFICATIONS IN ORDER TO PREVENT ERRONEOUS IDENTIFICATIONS BASED UPON
 CLERICAL ERROR. PRIOR TO THE ARREST OF A DEFENDANT  BASED  UPON  FINGER
 PRINT  IDENTIFICATION  EVIDENCE, TWO DIFFERENT EMPLOYEES OF THE DIVISION
 OF CRIMINAL JUSTICE SERVICES SHALL EACH  VERIFY  THE  ACCURACY  OF  SUCH
 FINGERPRINT  IDENTIFICATION  AND  ACCOMPANYING INFORMATION ON RECORD AND
 SHALL MAINTAIN A WRITTEN RECORD OF SUCH VERIFICATIONS.
 

S 2. The criminal procedure law is amended by  adding  a  new  section
 160.35 to read as follows:

 

S 160.35 FINGERPRINTING; VERIFICATION HEARING.
 UPON AN ARREST BASED ON FINGERPRINT IDENTIFICATION EVIDENCE, A DEFEND
 ANT  MAY FILE A MOTION CHALLENGING SUCH IDENTIFICATION WITH A PREPONDER
 ANCE OF EVIDENCE AND MAY BE GRANTED AN IMMEDIATE HEARING  IN  THE  LOCAL
 CRIMINAL COURT FOR THE PURPOSE OF VERIFYING THE ACCURACY OF SUCH FINGER
 PRINT  IDENTIFICATION  AND THE POSSIBILITY OF CLERICAL OR OTHER ERROR IN
 SUCH IDENTIFICATION.
 

S 3. The division of criminal justice services shall  make  an  annual
 report to the state legislature and the state attorney general regarding
 the  accuracy  and efficiency of the procedure developed pursuant to the
 amendments made to section 160.30  of  the  criminal  procedure  law  by
 section  one  of this act. The report shall include a critical review of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02555-01-1
 
       A. 3000                             2
 such procedure, including but not limited to its efficiency,  flaws  and
 the numbers of erroneous identifications.
 

S  4.    This  act  shall  take  effect  on the first of November next
 succeeding the date upon which it shall have become a law.

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