Bill Text: NY A06954 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits requests for certain comparisons of DNA test results of information taken from a crime scene against DNA records maintained by the state or national databanks and disclosure of such information upon a showing that such analysis is material to his or her defense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06954 Detail]

Download: New_York-2019-A06954-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6954
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        AN  ACT  to amend the executive law, in relation to requests for certain
          DNA test comparisons
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 995-c of the executive law is amended by adding a
     2  new subdivision 10 to read as follows:
     3    10. A superior court, in response to a motion for such comparison by a
     4  defendant, may order that DNA information from a crime scene  sample  or
     5  samples  and/or fingerprints obtained in the course of the investigation
     6  of an alleged crime be checked against the DNA records maintained by  or
     7  available  through the state DNA identification index established pursu-
     8  ant to this section and the national DNA index system, and  against  the
     9  fingerprint records maintained by or available through the state finger-
    10  print  record  database  established  pursuant  to  subdivision seven of
    11  section eight hundred thirty-seven of  this  chapter  and  the  national
    12  fingerprint identification system, and that the results of such check or
    13  checks be disclosed to such defendant and to the prosecutor whose juris-
    14  diction  includes  the location of the alleged commission of such crime,
    15  upon a showing by the defendant that such an analysis may be material to
    16  his or her defense and that the request is reasonable.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10385-01-9