S3212-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 11, 2011: REFERRED TO CODES

S3212-2011 Memo

BILL NUMBER:S3212

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to evidence containing
deoxyribonucleic acid (DNA)

PURPOSE:
This bill provides that where the court determines that there
is relevant admissible evidence containing deoxyribonucleic acid
(DNA), such evidence shall be admitted.

SUMMARY OF PROVISIONS:
Adds a new section 60.77 to the criminal
procedure law to provide that where the court determines that there
is relevant admissible evidence containing deoxyribonucleic acid
(DNA), such evidence shall be admitted.

JUSTIFICATION:
Perhaps the most significant advance in criminal
investigation since fingerprint identification is the use of DNA
technology to help convict criminals or eliminate persons as
potential suspects. DNA analyses can be reliably used to link
criminals to crimes. Increasingly accepted during the past 10 years,
DNA technology is now widely used by police, prosecutors, defense
counsel, and courts in the United States.

DNA technology has progressed to the point where the admissibility of
properly collected and analyzed data should not be in doubt. This
bill seeks to ensure that such admissible evidence will be admitted
and considered during trial.

LEGISLATIVE HISTORY:
Passed Senate 2004-2008.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it shall have become a law.

S3212-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3212
 2011-2012 Regular Sessions
 I N  SENATE
 February 11, 2011
 
 Introduced  by  Sens. MARCELLINO, JOHNSON, RANZENHOFER -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Codes
 AN  ACT  to  amend  the  criminal procedure law, in relation to evidence
 containing deoxyribonucleic acid (DNA)
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 60.77 to read as follows:

 

S 60.77 RULES OF EVIDENCE; DEOXYRIBONUCLEIC ACID (DNA).
 IN ANY PROSECUTION WHERE THE COURT DETERMINES THAT THERE  IS  RELEVANT
 ADMISSIBLE   EVIDENCE   CONTAINING  DEOXYRIBONUCLEIC  ACID  (DNA),  SUCH
 EVIDENCE SHALL BE ADMITTED.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04397-01-1

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