Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to finance returned to senate died in assembly |
Jun 18, 2013 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1442 committee discharged and committed to rules |
Apr 19, 2013 |
referred to finance |
Senate Bill S4730
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
Actions
Votes
2013-S4730 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Executive Law
- Laws Affected:
- Amd §995-c, Exec L
2013-S4730 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4730 TITLE OF BILL: An act to amend the executive law, in relation to the taking of DNA samples This is one in a series of measures being introduced at the request of the Chief Administrative judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend the Executive Law to expressly exempt from DNA collection any defendant who already has a DNA profile included in the state DNA identification index. As of August 1, 2012, defendants convicted and sentenced for any felony or Penal Law misdemeanor are required to provide a DNA sample for inclusion in the New York State DNA identification index* (L. 2012, cc. 19 and 55). Unfortunately, the law fails to provide any exception to collection where a defendant has previously given a DNA sample in connection with a prior conviction and already has a DNA profile included in the DNA identification index. Instead, the statute simply provides, in relevant part, "(a)ny designated offender subsequent to conviction and sentencing shall provide a sample appropriate for DNA testing ..." (Executive Law § 995-c (3)(a)). The statute further provides, "the court shall order that a court officer take a sample or that the designated offender report to an office of the sheriff of that county." The DNA sample, however, is not itself
2013-S4730 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4730 2013-2014 Regular Sessions I N S E N A T E April 19, 2013 ___________ Introduced by Sen. SKELOS -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the taking of DNA samples THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 995-c of the executive law, as amended by chapter 19 of the laws of 2012, is amended to read as follows: (a) Any designated offender subsequent to conviction and sentencing for a crime specified in subdivision seven of section nine hundred nine- ty-five of this article, shall be required to provide a sample appropri- ate for DNA testing to determine identification characteristics specific to such person and to be included in a state DNA identification index pursuant to this article; PROVIDED, HOWEVER, NO SUCH SAMPLE SHALL BE REQUIRED WHERE SUCH OFFENDER HAS PREVIOUSLY PROVIDED A SAMPLE AND IS CURRENTLY INCLUDED IN THE STATE DNA IDENTIFICATION INDEX. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09836-01-3
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