Bill Text: NY S01479 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for extending the statue of limitations for the commencement of a criminal action when DNA evidence is recovered at the crime scene and such DNA evidence does not match any person in the state DNA identification index.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S01479 Detail]

Download: New_York-2009-S01479-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1479
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens. SKELOS, ALESI, BONACIC, FARLEY, FUSCHILLO, GOLDEN,
         GRIFFO, HANNON, LEIBELL, LITTLE, MARCELLINO, MAZIARZ, MORAHAN, SALAND,
         WINNER -- read twice and ordered  printed,  and  when  printed  to  be
         committed to the Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to the statute
         of limitations in cases in which a  DNA  sample  from  a  crime  scene
         cannot  be  matched  to  an individual in the state DNA identification
         index
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of  subdivision 4 of section 30.10 of the
    2  criminal procedure law is amended to read as follows:
    3    (a) Any period following the commission of the  offense  during  which
    4  (i) the defendant was continuously outside this state or (ii) the where-
    5  abouts of the defendant were continuously unknown and continuously unas-
    6  certainable by the exercise of reasonable diligence OR (III) THE IDENTI-
    7  TY OF THE DEFENDANT WAS CONTINUOUSLY UNKNOWN AND A DEOXYRIBONUCLEIC ACID
    8  (DNA)  RECORD  OF  THE DEFENDANTS GENETIC CODE, OBTAINED BY FORENSIC DNA
    9  TESTING OF EVIDENCE LOCATED AT A TIME OR PLACE RELEVANT TO  THE  COMMIS-
   10  SION OF THE OFFENSE, COULD NOT BE MATCHED TO AN INDIVIDUAL IDENTIFIED BY
   11  DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX BY THE EXER-
   12  CISE  OF REASONABLE DILIGENCE.  However, in no event shall the period of
   13  limitation be extended PURSUANT TO THE PROVISIONS OF  SUBPARAGRAPHS  (I)
   14  AND  (II)  OF  THIS  PARAGRAPH by more than five years beyond the period
   15  otherwise applicable under subdivision two.
   16    S 2. This act shall take effect immediately; provided,  however,  that
   17  the  amendment to paragraph (a) of subdivision 4 of section 30.10 of the
   18  criminal procedure law made by section one of this act  shall  apply  to
   19  offenses where the applicable period of limitation, including any exten-
   20  sion  of such period of limitation pursuant to law in effect before such
   21  effective date, has not expired on such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03391-01-9