Directs the adjutant general, upon request, to present a United States flag to the person designated to dispose of the body of a member of the organized militia, when such member served his or her initial obligation, was discharged for disability incurred or aggravated in the line of duty, or whose service up to the date of death was honorable.

---

S1431-2011 Actions

• Mar 5, 2012: referred to veterans' affairs
• Mar 5, 2012: DELIVERED TO ASSEMBLY
• Mar 5, 2012: PASSED SENATE
• Jan 23, 2012: ADVANCED TO THIRD READING
• Jan 19, 2012: 2ND REPORT CAL.
• Jan 18, 2012: 1ST REPORT CAL.79
• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 14, 2011: referred to veterans' affairs
• Mar 14, 2011: DELIVERED TO ASSEMBLY
• Mar 14, 2011: PASSED SENATE
• Mar 1, 2011: ADVANCED TO THIRD READING
• Feb 28, 2011: 2ND REPORT CAL.
• Feb 16, 2011: 1ST REPORT CAL.98
• Jan 7, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S1431-2011 Meetings

Veterans, Homeland Security and Military Affairs: Jan 18, 2012, Veterans, Homeland Security and Military Affairs: Feb 15, 2011

S1431-2011 Calendars

Active List: Mar 5, 2012 , Active List: Mar 14, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 1, 2011 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011

S1431-2011 Votes

S1431-2011 Memo

BILL NUMBER:S1431

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to the statute of limitations in cases in which  a  DNA  sample  from  a
crime  scene  cannot  be matched to an individual in the state DNA iden-
tification index

PURPOSE:
This bill would provide for tolling of the  statute  of  limitations  in
criminal  cases in which the identity of the defendant is established by
means of DNA evidence.

SUMMARY OF PROVISIONS:
Section one would amend paragraph (a) of subdivision 4 of section  30.10
of  the  Criminal  Procedure  Law  to toll the statute of limitations in
criminal cases in which the identity of the defendant is established  by
means of DNA evidence.

Section  two  provides  that  the  bill  would  take effect immediately,
provided, however, that the amendment to paragraph (a) of subdivision  4
of section 30.10 of the Criminal Procedure Law made by section one would
apply  to  offenses where the applicable period of limitation, including
any extension of such period of limitation pursuant  to  law  in  effect
before such effective date, has not expired on such effective date.

EXISTING LAW:
Paragraph  (a)  of subdivision 4 of section 30.10 of the Criminal Proce-
dure Law provides that in calculating the applicable period  of  limita-
tion,  any  period  following the commission of the offense during which
the defendant was continuously outside this state or the whereabouts  of
the defendant were continuously unknown and continuously unascertainable
by the exercise of reasonable diligence shall not be included. The peri-
od  of limitation may not be extended by more than five years beyond the
applicable period.

JUSTIFICATION:
Statutes of limitation encourage law enforcement officials  to  promptly
investigate  suspected  criminal  activity  and protect individuals from
having to defend themselves against charges when  the  basic  facts  may
have  become  obscured  by  the  passage of time. However, many criminal
prosecutions are thwarted, despite reasonable diligence by law  enforce-
ment officials, by the perpetrator's efforts to avoid identification.

DNA  increasingly  allows  the  perpetrators  of crimes to be positively
ascertained many years after the crime was committed and the statute  of
limitations  has  expired.  This  is particularly true as more offenders
have their DNA added to the State DNA Databank and are thereafter linked
to crimes they committed years before.  Under  such  circumstances,  the
policy  considerations sought to be addressed by statutes of limitations
are no longer valid. In essence, the underlying rationale behind a stat-
ute of limitations -- to guard against potentially unreliable  identifi-

cation  testimony  offered  by an eyewitness whose memory has faded with
the passage of time -- evaporates in the  face  of  scientific  evidence
whose  accuracy  is  not  diminished  by  the  passage  of time. In such
instances, perpetrators of crimes should not be allowed to use the stat-
ute  of  limitations as a shield to protect them against prosecution for
the crimes they have committed.

LEGISLATIVE HISTORY:
2011-2012 - S.2001 - Advanced to third reading/Referred to Codes
2009/2010 - S.1479 - Referred to Codes
2007/2008 - S.2374 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately and applicable to offenses where the
applicable period of limitation, including any extension of such
period of limitation pursuant to law in effect before such effective
date, has not expired on such effective date.

S1431-2011 Text

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

                                    1431

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 7, 2011
                                 ___________

  Introduced by Sens. SALAND, BONACIC, DeFRANCISCO, LARKIN, RANZENHOFER --
    read  twice  and  ordered printed, and when printed to be committed to
    the Committee on Veterans, Homeland Security and Military Affairs

  AN ACT to amend the military law, in relation to the presentation  of  a
    flag  of  the United States to the person designated to dispose of the
    remains of certain members of the organized militia

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


    Section  1. The opening paragraph of subdivision 1 of section 250-a of
  the military law is designated paragraph a and  a  new  paragraph  b  is
  added to read as follows:

    B. THE ADJUTANT GENERAL UPON REQUEST, SHALL AUTHORIZE THE PRESENTATION
  OF  A  FLAG OF THE UNITED STATES, WHERE SUCH FLAG IS NOT PROVIDED BY THE
  UNITED STATES, TO THE PERSON DESIGNATED TO DISPOSE OF THE REMAINS  OF  A
  MEMBER OF THE ORGANIZED MILITIA, AS DEFINED IN ARTICLE TWO OF THIS CHAP-
  TER,  WHO  HAS  SERVED  HIS OR HER INITIAL OBLIGATION, OR WAS DISCHARGED
  THEREFROM FOR A DISABILITY INCURRED OR AGGRAVATED IN THE LINE  OF  DUTY,
  OR WHOSE SERVICE UP TO THE DATE OF DEATH WAS HONORABLE.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03598-01-1