Bill S6319-2013

Provides that people arrested in connection with a felony must submit a DNA sample

Provides that people arrested in connection with a felony must submit a DNA sample.

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  • Jan 14, 2014: REFERRED TO FINANCE

Memo

BILL NUMBER:S6319

TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with a felony to submit a DNA sample

PURPOSE:

To allow for the collection of DNA samples upon an individual's arrest for certain felony crimes.

SUMMARY OF PROVISIONS:

Section 1 amends the executive law section 995 by adding a new definition of "felony arrestee", which is defined as a person arrested and charged with certain designated felonies.

Section 2 amends the executive law section 995-c to require that felony arrestees provide a DNA sample to jailor detention facility personnel upon booking following arrest.

Section 3 amends the executive law section 995-c to clarify the procedure in which an arrestee who is not convicted of an offense for which DNA is collected may get his or her DNA expunged.

Section 4-11 amends various provisions of the criminal procedure law dealing with the requirement of taking fingerprints in accordance with 160.10 to also include a requirement for taking a DNA sample appropriate for DNA testing.

Section 12 provides the effective date.

EXISTING LAW:

DNA upon arrest is not currently permissible in New York. Under current law, a DNA sample is collected upon conviction of any felony or 18 specified misdemeanors.

The database, known as the Databank, began operations in 1996, when individuals convicted of homicide and certain sex-related crimes were required to submit a DNA sample. The Databank was expanded in 1999 and again in 2004, but still only required samples from 14 percent of convictions in the state until 2006 when a new law was passed in New York requiring the collection of DNA from all felony and some misdemeanor convictions.

From 1996 to the end of 2007, the database had 4,142 offender hits to crime scene DNA samples. Nearly a third of those came in 2007, the first year after the new 2006 law went into effect expanding the database.

JUSTIFICATION:

Carol Nelson was 65 years old on the morning of July 1, 2007. She had two sons, two daughters, and eight grandchildren. She had recently retired as a nurse at St. Joseph's Hospital in Syracuse, New York, where she had been employed for 25 years. While walking during the

early morning hours in a suburban Syracuse neighborhood to her granddaughter's house, Carol was hit in the head multiple times, sexually assaulted, strangled and left for dead by Glen Shoop, who had been arrested and charged with rape, sexual assault and unlawful imprisonment of another victim a year earlier. When he murdered Carol, Shoop was awaiting sentencing in the 2006 crime, in which he pleaded guilty to first degree unlawful imprisonment, a felony. Because DNA was not collectible for Shoop's 2006 arrest for rape, as this bill proposes, his DNA was not taken prior to Carol's murder. Had it been, he would have been linked to a forensic profile in New York's DNA database relating to an unsolved 2000 rape at Colonial Laundromat in East Syracuse. With an investigative lead like that, it is almost certain that Shoop would not have been released to murder Carol Nelson pending his sentencing. When Shoop's DNA was finally taken and entered into the DNA database due to the unlawful imprisonment conviction, he was linked to both Carol's murder and the 2000 rape. He received 40 years to life for the combined cases.

This proposed legislation seeks to address the flaw that cost carol her life by requiring law enforcement to take DNA upon the arrest of individuals for certain felony crimes that have resulted in the largest number of hits against the database in the past.

Since the database's inception, there have been a total of 7,980 hits. In 2008, there were 1,673 hits, a 30 percent increase from 1,285 hits during 2007. Fifty-one percent of all hits since Databank inception occurred during the last two years, subsequent to the passage of legislation that expanded the database to include all felony and some misdemeanor convictions. Obtaining DNA upon arrest for certain felonies would undoubtedly result in more and earlier hits, thereby solving more crimes and preventing future ones.

New York needs to join 21 other states and the federal government which have already passed laws collecting DNA upon arrest. As of August 2009, the DNA Databank in New York contained DNA samples collected from 330,411 offenders ("offender profile"). There are 28,858 forensic samples in the database, which are DNA samples taken from crime scenes in New York. Nationally, New York's offender profiles represent 4.55 percent of all DNA profiles in the United States while New York's unsolved crimes constitute 10.4 percent of all unsolved crimes in the United States. Requiring the collection of DNA upon arrest for crimes specified in this bill is the way to responsibly increase the DNA Databank and solve some of the hundreds of thousands of crimes with crime scene forensic profiles that go unsolved in this country every day.

LEGISLATIVE HISTORY:

S.691A of 2011-2012 Referred to Finance S.6213B of 2009-2010 - Passed Senate

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the 180th day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6319 IN SENATE January 14, 2014 ___________
Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with a felony to submit a DNA sample THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 995 of the executive law is amended by adding a new subdivision 7-a to read as follows: 7-A. "FELONY ARRESTEE" MEANS A PERSON ARRESTED AND CHARGED WITH ANY ONE OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE SUCH ATTEMPT IS A FELONY OFFENSE, AS DEFINED IN THE PENAL LAW: SECTIONS 120.05, 120.06, 120.07, 120.10, 120.11 AND 120.12, RELATING TO ASSAULT; SECTIONS 120.55 AND 120.60, RELATING TO STALKING; SECTION 120.70, RELAT- ING TO LURING A CHILD; SECTIONS 125.15, 125.20, 125.21, 125.22, 125.25, 125.26 AND 125.27, RELATING TO HOMICIDE; SECTIONS 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 AND 130.96, RELATING TO SEX OFFENSES; SECTIONS 135.10, 135.20, 135.25 AND 135.35, RELATING TO KIDNAPPING AND LABOR TRAFFICKING; SECTIONS 140.17, 140.20, 140.25 AND 140.30, RELATING TO BURGLARY; SECTIONS 150.05, 150.10, 150.15 AND 150.20, RELATING TO ARSON; SECTIONS 155.30, 155.35, 155.40 AND 155.42, RELATING TO GRAND LARCENY; SECTIONS 160.05, 160.10 AND 160.15, RELATING TO ROBBERY; SECTION 230.34 RELATING TO SEX TRAFFICKING; SECTIONS 235.21 AND 235.22, RELATING TO DISSEM- INATION OF INDECENT MATERIAL TO MINORS; SECTIONS 250.45 AND 250.50, RELATING TO UNLAWFUL SURVEILLANCE; SECTIONS 255.25, 255.26, AND 255.27, RELATING TO INCEST; SECTIONS 263.05, 263.10, 263.11, 263.15, 263.16, AND 263.30, RELATING TO SEXUAL PERFORMANCE BY A CHILD; OR SECTIONS 265.02, 265.03, 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14 AND 265.16, RELATING TO FIREARMS AND OTHER DANGEROUS WEAPONS. S 2. Subdivision 3 of section 995-c of the executive law is amended by adding four new paragraphs (c), (d), (e) and (f) to read as follows: (C) A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE APPROPRI- ATE FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY ARRESTEE
HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN- TIFICATION INDEX. (D) A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR FELONY ARRESTEE WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED SHALL SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE. (E) THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX SHALL NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI- NAL JUSTICE SERVICES INADVERTENTLY, BUT IN GOOD FAITH, COLLECTED OR PLACED THE PERSON'S DNA SAMPLE IN THE INDEX. (F) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI- CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES THAT SHOULD NOT BE IN THE INDEX, INCLUDING THE STEPS NECESSARY TO EXPUNGE ANY PROFILES WHICH THE DIVISION OF CRIMINAL JUSTICE SERVICES DETERMINES SHOULD NOT BE IN THE INDEX. S 3. Subdivision 9 of section 995-c of the executive law, as amended by chapter 524 of the laws of 2002, is amended to read as follows: 9. (a) Upon receipt of notification of a reversal or a vacatur of a conviction, or of the granting of a pardon pursuant to article two-A of this chapter, of an individual whose DNA record has been stored in the state DNA identification index in accordance with this article by the division of criminal justice services, the DNA record shall be expunged from the state DNA identification index, and such individual may apply to the court in which the judgment of conviction was originally entered for an order directing the expungement of any DNA record and any samples, analyses, or other documents relating to the DNA testing of such individual in connection with the investigation or prosecution of the crime which resulted in the conviction that was reversed or vacated or for which the pardon was granted. A copy of such application shall be served on the district attorney and an order directing expungement may be granted if the court finds that all appeals relating to the conviction have been concluded; that such individual will not be retried, or, if a retrial has occurred, the trier of fact has rendered a verdict of complete acquittal, and that expungement will not adversely affect the investigation or prosecution of some other person or persons for the crime. The division shall, by rule or regulation, prescribe procedures to ensure that the DNA record in the state DNA identification index, and any samples, analyses, or other documents relating to such record, whether in the possession of the division, or any law enforce- ment or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, at the discretion of the possessor there- of, are either destroyed or returned to such individual, or to the attorney who represented him or her at the time such reversal, vacatur or pardon, was granted. The commissioner shall also adopt by rule and regulation a procedure for the expungement in other appropriate circum- stances of DNA records contained in the index. (b) As prescribed in this paragraph, if an individual, either volun- tarily, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, or pursuant to a warrant or order of a court, has provided a sample for DNA testing in connection with the investigation, ARREST or prosecution of a crime and (i) no criminal action against the individual relating to such crime was commenced within the period specified by section 30.10 of the criminal procedure law, or (ii) a criminal action was commenced against the individual relating to such crime which resulted in a
complete acquittal, or (iii) a criminal action WAS COMMENCED against the individual relating to such crime [resulted in a conviction that was subsequently reversed or vacated, or for which the individual was grant- ed a pardon pursuant to article two-A of this chapter, such individual may apply to the supreme court or the court in which the judgment of conviction was originally entered for an order directing the expungement of any DNA record and any samples, analyses, or other documents relating to the DNA testing of such individual in connection with the investi- gation or prosecution of such crime. A copy of such application shall be served on the district attorney and an order directing expungement may be granted if the court finds that the individual has satisfied the conditions of one of the subparagraphs of this paragraph; that if a judgment of conviction was reversed or vacated, all appeals relating thereto have been concluded and the individual will not be retried, or, if a retrial has occurred, the trier of fact has rendered a verdict of complete acquittal, and that expungement will not adversely affect the investigation or prosecution of some other person or persons for the crime. If an order directing the expungement of any DNA record and any samples, analyses or other documents relating to the DNA testing of such individual is issued] WHICH WAS RESOLVED BY A DISMISSAL, SUCCESSFUL COMPLETION OF A PRE-PROSECUTION DIVERSION PROGRAM, OR CONDITIONAL DISCHARGE OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA COLLECTION PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE DNA RECORD SHALL BE EXPUNGED FROM THE STATE DNA IDENTIFICATION INDEX. AN INDIVIDUAL MAY REQUEST EXPUNGEMENT OF ANY DNA RECORD AND ANY SAMPLES, ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID- UAL BY PROVIDING THE FOLLOWING MATERIALS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES: (1) A WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND DNA RECORDS; AND (2) A CERTIFIED COPY OF THE DISMISSAL, SUCCESSFUL COMPLETION OF A PRE-PROSECUTION DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE, MISDEMEA- NOR CONVICTION OR ACQUITTAL; AND (3) A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH JURIS- DICTION OVER THE MATTER THAT: THE CASE WAS DISMISSED; A PRE-PROSECUTION DIVERSION PROGRAM OR CONDITIONAL DISCHARGE, MISDEMEANOR CONVICTION EXCLUDED FROM DNA COLLECTION PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE OR ACQUITTAL OCCURRED; NO FELONY CHARGES AROSE OUT OF THE ARREST; OR NO CRIMINAL ACTION AGAINST THE INDIVIDUAL RELATING TO SUCH CRIME WAS COMMENCED WITHIN THE PERIOD SPECIFIED BY SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW; AND THAT EXPUNGEMENT WILL NOT ADVERSELY AFFECT THE INVESTIGATION OR PROSECUTION OF SOME OTHER PERSON OR PERSONS FOR THE CRIME. (C) IF EXPUNGEMENT IS WARRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, such record and any samples, analyses, or other docu- ments shall, at the discretion of the possessor thereof, be destroyed or returned to such individual or to the attorney who represented him or her IN THE CRIMINAL ACTION OR in connection with the [application for the order of] REQUEST FOR expungement. (D) NO EXPUNGEMENT SHALL BE GRANTED WHERE AN INDIVIDUAL HAS A PRIOR CONVICTION REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR WHICH COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA- GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION. S 4. Subdivision 6 of section 120.90 of the criminal procedure law, as amended by chapter 424 of the laws of 1998, is amended to read as follows:
6. Before bringing a defendant arrested pursuant to a warrant before the local criminal court in which such warrant is returnable, a police officer must without unnecessary delay perform all fingerprinting and other preliminary police duties required in the particular case. In any case in which the defendant is not brought by a police officer before such court but, following his arrest in another county for an offense specified in subdivision one of section 160.10 OF THIS TITLE, is released by a local criminal court of such other county on his own recognizance or on bail for his appearance on a specified date before the local criminal court before which the warrant is returnable, the latter court must, upon arraignment of the defendant before it, direct that he be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN, IF REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, by the appropriate officer or agency, and that he appear at an appropriate designated time and place for such purpose. S 5. Section 130.60 of the criminal procedure law, as amended by chap- ter 95 of the laws of 1991, subdivision 1 as amended by chapter 446 of the laws of 1993, is amended to read as follows: S 130.60 Summons; fingerprinting of defendant. 1. Upon the arraignment of a defendant whose court attendance has been secured by the issuance and service of a summons, based upon an indict- ment, a prosecutor's information or upon an information, felony complaint or misdemeanor complaint filed by a complainant who is a police officer, the court must, if an offense charged in the accusatory instrument is one specified in subdivision one of section 160.10 OF THIS TITLE, direct that the defendant be fingerprinted by the appropriate police officer or agency, and that he or she appear at an appropriate designated time and place for such purpose. IF AN OFFENSE CHARGED IN THE ACCUSATORY INSTRUMENT IS ONE SPECIFIED IN SUBDIVISION SEVEN-A OF SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW, THE COURT MUST DIRECT THAT A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND THAT HE OR SHE APPEAR AT AN APPROPRIATE DESIGNATED TIME AND PLACE FOR SUCH PURPOSE. 2. Upon the arraignment of a defendant whose court attendance has been secured by the issuance and service of a summons based upon an informa- tion or misdemeanor complaint filed by a complainant who is not a police officer, and who has not previously been fingerprinted OR FROM WHOM A DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN AND WAS REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court may, if it finds reasonable cause to believe that the defendant has committed an offense specified in subdivision one of section 160.10 OF THIS TITLE, direct that the defendant be fingerprinted AND/OR HAVE A SAMPLE APPRO- PRIATE FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINE- TY-FIVE-C OF THE EXECUTIVE LAW, by the appropriate police officer or agency and that he appear at an appropriate designated time and place for such purpose. A defendant whose court appearance has been secured by the issuance and service of a criminal summons based upon a misdemeanor complaint or information filed by a complainant who is not a police officer, must be directed by the court, upon conviction of the defend- ant, to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECU- TIVE LAW, by the appropriate police officer or agency and the court must also direct that the defendant appear at an appropriate designated time and place for such purpose, if the defendant is convicted of any offense specified in subdivision one of section 160.10 OF THIS TITLE.
S 6. Subdivision 5 of section 140.20 of the criminal procedure law, as amended by chapter 762 of the laws of 1971, is amended to read as follows: 5. Before service of an appearance ticket upon an arrested person pursuant to subdivision two or three OF THIS SECTION, the issuing police officer must, if the offense designated in such appearance ticket is one of those specified in subdivision one of section 160.10 OF THIS TITLE, cause such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, in the same manner as would be required were no appearance ticket to be issued or served. S 7. Subdivision 2 of section 140.27 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: 2. Upon arresting a person without a warrant, a peace officer, except as otherwise provided in subdivision three OF THIS SECTION, must without unnecessary delay bring him or cause him to be brought before a local criminal court, as provided in section 100.55 and subdivision one of section 140.20 OF THIS TITLE, and must without unnecessary delay file or cause to be filed therewith an appropriate accusatory instrument. If the offense which is the subject of the arrest is one of those specified in subdivision one of section 160.10 OF THIS TITLE, the arrested person must be fingerprinted and photographed, AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, as therein provided. In order to execute the required post-arrest functions, such arresting peace officer may perform such functions himself or he may enlist the aid of a police officer for the performance thereof in the manner provided in subdivision one of section 140.20 OF THIS ARTICLE. S 8. Section 150.70 of the criminal procedure law, as amended by chap- ter 762 of the laws of 1971, is amended to read as follows: S 150.70 Appearance ticket; fingerprinting AND DNA ANALYSIS SAMPLE of defendant. Upon the arraignment of a defendant who has not been arrested and whose court attendance has been secured by the issuance and service of an appearance ticket pursuant to subdivision one of section 150.20 OF THIS ARTICLE, the court must, if an offense charged in the accusatory instrument is one specified in subdivision one of section 160.10 OF THIS TITLE, direct that the defendant be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW by the appropriate police officer or agency, and that he appear at an appropriate designated time and place for such purpose. S 9. Section 160.20 of the criminal procedure law, as amended by chap- ter 108 of the laws of 1973, is amended to read as follows: S 160.20 Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger- prints AND DNA ANALYSIS SAMPLE. 1. Upon the taking of fingerprints of an arrested person or defendant as prescribed in section 160.10 OF THIS ARTICLE, the appropriate police officer or agency must without unnecessary delay forward two copies of such fingerprints to the division of criminal justice services. 2. UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE APPROPRIATE POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD SUCH DNA SAMPLE TO A FORENSIC DNA LABORATORY FOR FORENSIC DNA TESTING AND ANALYSES, AND INCLUSION IN THE STATE DNA IDENTIFICATION INDEX IN
ACCORDANCE WITH SUBDIVISION FIVE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW. S 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the criminal procedure law, paragraph (d) as amended by section 73 of subpart B of part C of chapter 62 of the laws of 2011 and paragraph (e) as amended by chapter 169 of the laws of 1994, are amended and a new paragraph (f) is added to read as follows: (d) such records shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the [New York state] department of corrections and community supervision when the accused is on parole supervision as a result of conditional release or a parole release granted by the [New York] state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such super- vision or (v) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an applica- tion for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto, or (vi) the probation department responsi- ble for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision; [and] (e) where fingerprints subject to the provisions of this section have been received by the division of criminal justice services and have been filed by the division as digital images, such images may be retained, provided that a fingerprint card of the individual is on file with the division which was not sealed pursuant to this section or section 160.55 of this article[.]; AND (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU- ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND ANY DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER DOCUMENTS RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW. S 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the criminal procedure law, paragraph (d) as amended by section 74 of subpart B of part C of chapter 62 of the laws of 2011 and paragraph (e) as amended by chapter 169 of the laws of 1994, are amended and a new paragraph (f) is added to read as follows: (d) the records referred to in paragraph (c) of this subdivision shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the [New York state] department of corrections and community supervision when the accused is under parole supervision as a result of conditional release or parole release granted by the [New York] state board of parole and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (vi) a police agency, probation department, sheriff's office, district attorney's office, department of correction of any municipality and parole department, for law enforce- ment purposes, upon arrest in instances in which the individual stands convicted of harassment in the second degree, as defined in section 240.26 of the penal law, committed against a member of the same family or household as the defendant, as defined in subdivision one of section 530.11 of this chapter, and determined pursuant to subdivision eight-a of section 170.10 of this title; [and] (e) where fingerprints subject to the provisions of this section have been received by the division of criminal justice services and have been filed by the division as digital images, such images may be retained, provided that a fingerprint card of the individual is on file with the division which was not sealed pursuant to this section or section 160.50 of this article[.]; AND (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU- ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER DOCUMENTS RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW. S 12. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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