Bill S5560A-2011

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

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

Details

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

Meetings

Votes

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5560--A 2011-2012 Regular Sessions IN 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
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
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 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.

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