Bill S1431-2011

Directs the adjutant general to present a United States flag to the person disposing of the body of a member of the organized militia

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.

Details

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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Feb 15, 2011
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jan 18, 2012
Ayes (13): Ball, Flanagan, Golden, Griffo, Grisanti, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
Excused (1): Larkin

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 identification 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 Procedure Law provides that in calculating the applicable period of limitation, 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 period 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 enforcement 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 statute 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 statute 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1431 2011-2012 Regular Sessions IN 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus