Requires DNA testing of all persons convicted of misdemeanors and felonies.

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S5560-2011 Actions

• Jan 31, 2012: referred to codes
• Jan 31, 2012: DELIVERED TO ASSEMBLY
• Jan 31, 2012: PASSED SENATE
• Jan 30, 2012: ORDERED TO THIRD READING CAL.128
• Jan 30, 2012: REPORTED AND COMMITTED TO RULES
• Jan 26, 2012: PRINT NUMBER 5560A
• Jan 26, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Jan 18, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 16, 2011: referred to codes
• Jun 16, 2011: DELIVERED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1111
• Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
• Jun 1, 2011: REFERRED TO CODES

S5560-2011 Meetings

Codes: Jan 18, 2012, Codes: Jun 7, 2011, Finance: Jun 7, 2011

S5560-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011

S5560-2011 Votes

S5560-2011 Memo

BILL NUMBER:S5560

TITLE OF BILL:
An act to amend the executive law, in relation to DNA testing

PURPOSE:
To require that every person convicted of a felony or a misdemeanor as
defined in the Penal Law must provide a DNA sample.

SUMMARY OF PROVISIONS:
Section  1  of  the bill would amend Executive Law � 995(7) to require
that every individual convicted  of  a  felony  or  a  misdemeanor  as
defined in the Penal Law must provide a DNA sample.

JUSTIFICATION:
In  2010,  Curtis  Tucker  was  arrested  and  arraigned  on  the 2004
attempted murder and attempted rape  of  a  14-year-old  girl  in  her
Harlem   apartment   building.  Tucker  choked  his  young  victim  to
unconsciousness several times  and  violently  seized  her  money  and
student  Metrocard. The victim fought back, falling with her assailant
down three flights  of  stairs.  At  the  bottom  of  the  stairs,  he
attempted  to  rape  her.  Finally,  he  ran  away,  leaving  her with
permanent injuries to her face. Tucker subsequently was  convicted  of
two  misdemeanor crimes, and, more recently of felony burglary against
a 74-year-old man who was afflicted with  Parkinson's  disease.  Until
the  burglary  conviction, none of Tucker's prior criminal convictions
were eligible for DNA collection upon conviction. If DNA was  required
upon  conviction for all crimes, law enforcement would have solved the
2004 rape much earlier and potentially prevented the 2010 burglary  of
an elderly man.

In 2006, New York recognized the importance of DNA as a crime fighting
tool  by adding all remaining felonies, some attempted felonies and 18
misdemeanors to the list of qualifying offenses  for  the  DNA  Index.
The  result:  hits  resulting  from  samples  taken  on those expanded
offenses led to 1,595  convictions  in  the  three  years  immediately
following the expansion. This dramatic success illustrate the value of
taking  DNA  from  people  associated  with  low-level and non-violent
offenses; of the new qualifying offenses, very  few  were  violent  or
sexual  in  nature;  they  included such crimes as bribery of a public
servant, possession of  a  forged  instrument,  and  falsification  of
business records.

Yet  despite the fact that DNA is a proven tool that solves cold cases
and can prevent crime, only 46% of Penal Law crimes are  eligible  for
DNA collection.

There  is  no cost to adding all Penal Law misdemeanors to the list of
DNA eligible offenses.  Laboratories have the capacity to handle  this
expansion in real time.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
The  first of November next succeeding the date on which it shall have
become law.

S5560-2011 Text

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

                                    5560

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 1, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the executive law, in relation to DNA testing

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


    Section  1.  Subdivision  7  of  section  995 of the executive law, as
  amended by chapter 2 of the laws of 2006, paragraph  (a)  as  separately
  amended  by chapter 320 of the laws of 2006 and paragraph (f) as amended
  by chapter 405 of the laws of 2010, is amended to read as follows:

    7. "Designated offender" means a person convicted of and sentenced for
  any [one or more of the  following  provisions  of  the  penal  law  (a)
  sections  120.05,  120.10,  and  120.11,  relating  to assault; sections
  125.15 through 125.27 relating to  homicide;  sections  130.25,  130.30,
  130.35,  130.40,  130.45, 130.50, 130.65, 130.67 and 130.70, relating to
  sex offenses; sections 205.10, 205.15, 205.17 and  205.19,  relating  to
  escape  and other offenses, where the offender has been convicted within
  the previous five years of one of the other felonies specified  in  this
  subdivision;  or sections 255.25, 255.26 and 255.27, relating to incest,
  a violent felony offense as defined in subdivision one of section  70.02
  of  the  penal  law, attempted murder in the first degree, as defined in
  section 110.00 and section 125.27 of the penal law,  kidnapping  in  the
  first  degree,  as  defined in section 135.25 of the penal law, arson in
  the first degree, as  defined  in  section  150.20  of  the  penal  law,
  burglary  in the third degree, as defined in section 140.20 of the penal
  law, attempted burglary in the  third  degree,  as  defined  in  section
  110.00  and section 140.20 of the penal law, a felony defined in article
  four hundred ninety of the  penal  law  relating  to  terrorism  or  any
  attempt to commit an offense defined in such article relating to terror-
  ism  which  is  a  felony;  or  (b)  criminal possession of a controlled
  substance in the first degree, as defined in section 220.21 of the penal
  law; criminal possession of a controlled substance in the second degree,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11912-01-1

 S. 5560                             2

  as defined in section 220.18 of  the  penal  law;  criminal  sale  of  a
  controlled  substance,  as  defined  in article 220 of the penal law; or
  grand larceny in the fourth degree, as defined in  subdivision  five  of
  section  155.30  of  the  penal  law;  or  (c) any misdemeanor or felony
  defined as a sex offense or sexually violent offense pursuant  to  para-
  graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
  three of section one hundred sixty-eight-a of the correction law; or (d)
  any  of the following felonies, or an attempt thereof where such attempt
  is a felony offense:
    aggravated assault upon a  person  less  than  eleven  years  old,  as
  defined  in  section  120.12  of  the  penal  law; menacing in the first
  degree, as defined in section 120.13 of the penal law;  reckless  endan-
  germent  in  the first degree, as defined in section 120.25 of the penal
  law; stalking in the second degree, as defined in section 120.55 of  the
  penal  law;  criminally negligent homicide, as defined in section 125.10
  of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
  defined  in  section  125.12 of the penal law; vehicular manslaughter in
  the first degree, as  defined  in  section  125.13  of  the  penal  law;
  persistent  sexual abuse, as defined in section 130.53 of the penal law;
  aggravated sexual abuse in the fourth  degree,  as  defined  in  section
  130.65-a  of  the  penal  law;  female genital mutilation, as defined in
  section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
  controlled  substance,  as  defined  in section 130.90 of the penal law;
  unlawful imprisonment in the first degree, as defined in section  135.10
  of the penal law; custodial interference in the first degree, as defined
  in  section  135.50  of  the  penal  law; criminal trespass in the first
  degree, as defined in section 140.17 of the penal law; criminal  tamper-
  ing  in the first degree, as defined in section 145.20 of the penal law;
  tampering with a consumer product in the first  degree,  as  defined  in
  section  145.45 of the penal law; robbery in the third degree as defined
  in section 160.05 of the penal law; identity theft in the second degree,
  as defined in section 190.79 of the penal law;  identity  theft  in  the
  first  degree,  as defined in section 190.80 of the penal law; promoting
  prison contraband in the first degree, as defined in section  205.25  of
  the  penal law; tampering with a witness in the third degree, as defined
  in section 215.11 of the penal law; tampering  with  a  witness  in  the
  second  degree, as defined in section 215.12 of the penal law; tampering
  with a witness in the first degree, as defined in section 215.13 of  the
  penal law; criminal contempt in the first degree, as defined in subdivi-
  sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
  criminal contempt, as defined in section 215.52 of the penal  law;  bail
  jumping  in the second degree, as defined in section 215.56 of the penal
  law; bail jumping in the first degree, as defined in section  215.57  of
  the penal law; patronizing a prostitute in the second degree, as defined
  in  section  230.05  of  the  penal law; patronizing a prostitute in the
  first degree, as defined in section 230.06 of the penal  law;  promoting
  prostitution  in  the second degree, as defined in section 230.30 of the
  penal law; promoting prostitution in the first  degree,  as  defined  in
  section  230.32 of the penal law; compelling prostitution, as defined in
  section 230.33 of the penal law;  disseminating  indecent  materials  to
  minors  in  the second degree, as defined in section 235.21 of the penal
  law; disseminating indecent materials to minors in the first degree,  as
  defined in section 235.22 of the penal law; riot in the first degree, as
  defined in section 240.06 of the penal law; criminal anarchy, as defined
  in section 240.15 of the penal law; aggravated harassment of an employee
  by  an  inmate,  as defined in section 240.32 of the penal law; unlawful

 S. 5560                             3

  surveillance in the second degree, as defined in section 250.45  of  the
  penal  law;  unlawful  surveillance  in  the first degree, as defined in
  section 250.50 of the penal law; endangering the welfare of a vulnerable
  elderly person in the second degree, as defined in section 260.32 of the
  penal law; endangering the welfare of a vulnerable elderly person in the
  first  degree,  as  defined in section 260.34 of the penal law; use of a
  child in a sexual performance, as defined in section 263.05 of the penal
  law; promoting an obscene sexual performance by a child, as  defined  in
  section  263.10  of the penal law; possessing an obscene sexual perform-
  ance by a child, as defined in section 263.11 of the penal law;  promot-
  ing a sexual performance by a child, as defined in section 263.15 of the
  penal  law;  possessing  a  sexual performance by a child, as defined in
  section 263.16 of the penal law; criminal possession of a weapon in  the
  third  degree,  as  defined in section 265.02 of the penal law; criminal
  sale of a firearm in the third degree, as defined in section  265.11  of
  the  penal  law;  criminal  sale  of a firearm to a minor, as defined in
  section 265.16 of the penal law; unlawful wearing of  a  body  vest,  as
  defined  in  section  270.20 of the penal law; hate crimes as defined in
  section 485.05 of the penal law; and crime of terrorism, as  defined  in
  section  490.25  of  the penal law; or (e) a felony defined in the penal
  law or an attempt thereof where such attempt is a felony; or (f) any  of
  the  following  misdemeanors:  assault in the third degree as defined in
  section 120.00 of the penal law; attempted  aggravated  assault  upon  a
  person  less  than  eleven  years  old, as defined in section 110.00 and
  section 120.12 of the penal law; attempted menacing in the first degree,
  as defined in section 110.00 and section 120.13 of the penal law; menac-
  ing in the second degree as defined in section 120.14 of the penal  law;
  menacing  in  the third degree as defined in section 120.15 of the penal
  law; reckless endangerment in the second degree as  defined  in  section
  120.20  of  the  penal  law; stalking in the fourth degree as defined in
  section 120.45 of the penal law; stalking in the third degree as defined
  in section 120.50 of the penal law; attempted  stalking  in  the  second
  degree,  as  defined  in  section 110.00 and section 120.55 of the penal
  law; criminal obstruction of breathing or blood circulation  as  defined
  in  section  121.11  of  the  penal law; forcible touching as defined in
  section 130.52 of the penal law regardless of the  age  of  the  victim;
  sexual  abuse  in  the  third degree as defined in section 130.55 of the
  penal law regardless of the age of the victim; unlawful imprisonment  in
  the  second degree as defined in section 135.05 of the penal law regard-
  less of the age of the victim; attempted unlawful  imprisonment  in  the
  first  degree,  as  defined  in section 110.00 and section 135.10 of the
  penal law regardless of the age of the victim; criminal trespass in  the
  second  degree as defined in section 140.15 of the penal law; possession
  of burglar's tools as defined in section 140.35 of the penal law;  petit
  larceny  as  defined in section 155.25 of the penal law; endangering the
  welfare of a child as defined in section 260.10 of the penal law; endan-
  gering the welfare of an incompetent or physically  disabled  person  as
  defined  in  section  260.25  of  the  penal  law] FELONY OR MISDEMEANOR
  DEFINED IN THE PENAL LAW.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.