S5560A-2011 - NY Senate Open Legislation - Requires DNA testing of all persons convicted of certain misdemeanors and felonies

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

Sponsor: SALAND
Law Section: Executive Law / Law: Amd SS995& 995-c, Exec L

S5560A-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

S5560A-2011 Meetings

Finance: Jan 30, 2012, Rules: Jan 30, 2012

S5560A-2011 Calendars

Active List: Jan 31, 2012 , Floor Calendar: Jan 31, 2012

S5560A-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jan 30, 2012

Ayes (16): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Smith, Stewart-Cousins
Ayes W/R (3): Sampson, Duane, Hassell-Thompson
Nays (6): Breslin, Dilan, Krueger, Montgomery, Parker, Perkins

VOTE: COMMITTEE VOTE: - Finance - Jan 30, 2012

Ayes (25): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Diaz, Gianaris, Peralta, Stavisky, Stewart-Cousins
Ayes W/R (3): Duane, Oppenheimer, Squadron
Nays (7): Krueger, Breslin, Dilan, Montgomery, Parker, Perkins, Rivera

VOTE: FLOOR VOTE: - Jan 31, 2012

Ayes (49): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Nays (10): Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano
Absent (1): Espaillat
Excused (1): Huntley

S5560A-2011 Memo

BILL NUMBER:S5560A

TITLE OF BILL:
An act
to amend the executive law, in relation to DNA testing of certain
offenders
convicted of a crime

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

Section 2 of the bill would amend Executive Law § 995-C to designate
who shall collect the sample with respect to those designated
offenders sentenced to terms of imprisonment, terms of probation, or
a designated offender whose sentence does not include either a term
of imprisonment or a term of probation.

Section 3 of the bill - effective date.

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.

The language in this bill mirrors the 2012-2013 FY Executive Budget
proposal by Governor Andrew Cuomo which set forth an all-crimes DNA
databank. The all-crimes databank would be the first of its kind in
the nation and would include all felonies and Penal Law misdemeanors.

LEGISLATIVE HISTORY:
2011 - S.5560 passed Senate

FISCAL IMPLICATIONS:
Governor Cuomo's Executive Budget, estimates that the enactment of
this bill is expected to cost approximately $700,000 in 2012-13, with
a full annual cost of $1.4 million. This amount includes the cost of
additional personnel in the Division of Criminal Justice Services and
of DNA test kits and State Police forensic laboratory consumables.

EFFECTIVE DATE:
This act shall take effect October 1, 2012.

S5560A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5560--A
 2011-2012 Regular Sessions
 I N  SENATE
 June 1, 2011
 
 Introduced  by Sens. SALAND, SKELOS, BALL, GOLDEN, KLEIN, O'MARA -- read
 twice and ordered printed, and when printed to  be  committed  to  the
 Committee on Codes -- recommitted to the Committee on Codes in accord
 ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
 committee and committed to  the  Committee  on  Finance  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the executive law, in relation to DNA testing of certain
 offenders convicted of a crime
 

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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11912-02-2
        S. 5560--A                          2
 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,
 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
        S. 5560--A                          3
 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
 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] ANY FELONY  DEFINED  IN  ANY
 CHAPTER OF THE LAWS OF THE STATE OR ANY MISDEMEANOR DEFINED IN THE PENAL
 LAW.
        S. 5560--A                          4
 

S  2.  Subdivision 3 of section 995-c of the executive law, as amended
 by chapter 576 of the laws of 2004, is amended to read as follows:

 3. (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.
 (B) (I) IN THE CASE OF A DESIGNATED OFFENDER WHO  IS  SENTENCED  TO  A
 TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV
 ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
 (II)  IN  THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A TERM
 OF PROBATION, INCLUDING A SENTENCE OF PROBATION IMPOSED  IN  CONJUNCTION
 WITH  A  SENTENCE  OF  IMPRISONMENT  WHEN  A SAMPLE HAS NOT ALREADY BEEN
 TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER
 VISING THE DESIGNATED OFFENDER.
 (III) IN THE CASE OF A DESIGNATED OFFENDER  WHOSE  SENTENCE  DOES  NOT
 INCLUDE  EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE COURT
 SHALL ORDER THAT THE DESIGNATED OFFENDER REPORT  TO  AN  OFFICE  OF  THE
 SHERIFF  OF  THAT COUNTY, AND WHEN THE DESIGNATED OFFENDER DOES SO, SUCH
 SAMPLE SHALL BE COLLECTED BY THE SHERIFF'S OFFICE.
 (IV) NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A  DNA
 SAMPLE  FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
 CORRECTION OFFICIAL OR  EMPLOYEE,  PROBATION  OFFICER,  PAROLE  OFFICER,
 POLICE  OFFICER,  PEACE  OFFICER,  OR  OTHER PUBLIC SERVANT WHO HAS BEEN
 NOTIFIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT  SUCH  DESIG
 NATED  OFFENDER  HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
 PROVIDED A DNA SAMPLE, SUCH COURT OFFICIAL, STATE  OR  LOCAL  CORRECTION
 OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
 PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
 

S  3.  This  act shall take effect October 1, 2012; provided, however,
 that the amendments to subdivision 7 of section 995 of the executive law
 made by section one of this act shall apply to conviction of  designated
 offenses on or after such effective date.

S5560A-2011: Requires DNA testing of all persons convicted of certain misdemeanors and felonies