Relates to forensic DNA testing and to requests for certain DNA test comparisons

Summary of provisions

Section 1 of the bill amends Executive Law section 995 to expand the definition of "designated offender" to require that a DNA sample be collected from every person convicted and sentenced for a Penal Law crime or subject to registration as a sex offender.

Section 2 of the bill makes it a class A misdemeanor for a "designated offender," who is requested by an authorized public servant to submit a DNA sample for testing, to fail to provide such a sample.

Section 3 of the bill amends section 995-b of the Executive Law to require the state Commission on Forensic Science to develop a policy to determine the appropriate minimum period of time that DNA samples collected from crime scenes should be retained, and, procedures for the cataloguing of such evidence by investigating authorities.

Section 4 of the bill amends section 995-a of the executive law by increasing the membership of the State Commission on Forensic Science from 14 to 16 members.

Section 5 of the bill requires that two members appointed to the commis- sion be appointed jointly by the Temporary President of the Senate and the Speaker of the Assembly, one of whom shall have be a crime victims advocate and the other shall be an expert in biomedical ethics.

Section 6 of the bill amends section 1.20 of the Criminal Procedure Law to allow for "special fictitious name indictments." These "John Doe" indictments may be used in DNA cases to stop the clock on the running of the statute of limitations where DNA evidence ties an unknown or uniden- tified person to the commission of the crime.

Section 7 of the bill makes a conforming amendment to section 190.65 of the Criminal Procedure Law with respect to such fictitious name indict- ments.

Section 8 of the bill amends section 995-c of the Executive Law to authorize courts to make information regarding the comparison of data- banked DNA samples and crime scene samples and/or fingerprint informa- tion available to a defendant on motion if such information may be mate- rial to his or her defense and the request is reasonable.

Section 9 of the bill amends paragraph (a) of subdivision 1-a of section 440.30 of the Criminal Procedure Law to clarify that post-conviction testing of crime scene material or other specified evidence for DNA identification information may be ordered whether the case was resolved by jury trial or otherwise.

Section 10 of the bill amends section 995-b of the Executive Law to require the Commission on Forensic Science to review the confidentiality safeguards with respect to DNA samples and to issue a report to the legislature in this regard.

Section 11 of the bill amends section 995-c of the Executive Law to regulate DNA identification indexes that may exist in addition to the state DNA identification index authorized by law and maintained by the state Division of Criminal Justice Services.

Section 12 of the bill amends section 995-c of the Executive Law to require that, upon the destruction of a DNA sample, other than a sample submitted after conviction to the state DNA identification index, the person who submitted the sample, or such person's attorney, shall receive a copy of the record of destruction. Further, the bill provides that DNA samples provided voluntarily to law enforcement shall be destroyed, sealed or returned to the person who provided the sample either at the conclusion of the investigation or five years after such sample was obtained, whichever occurs earlier. Law enforcement agencies in possession of such samples would make the determination as to whether such samples would be returned, destroyed or sealed.

Section 13 of the bill amends section 995-d of the Executive Law to allow a DNA sample collected by law enforcement as part of an investi- gation to be compared against DNA profiles collected from one or more crime scenes under investigation. If such sample does not match any DNA crime scene profiles, such sample shall he dealt with in accordance with section 995-c of the Executive Law. This section also provides that law enforcement officials shall offer written notice and obtain consent of a person when collecting a voluntary DNA sample for investigative purposes.

Section 14 of the bill amends section 340.20 of the Criminal Procedure Law to provide that the court shall advise a person pleading guilty to a Penal Law misdemeanor that such person will be required to submit a DNA sample for inclusion in the state DNA identification index.

Section 15 of the bill amends section 440.30 of the Criminal Procedure Law to provide procedures for the court, in response to an appropriate motion, to order and regulate access to information and evidence that may yield relevant DNA information.

Section 16 is the effective date.

Justification

This legislation would realize the great promise of DNA evidence by maximizing the use of DNA both to convict the guilty and exonerate the innocent. The bill provides for the establishment of statewide standards for the preservation and cataloguing of DNA evidence, to ensure that such evidence will be available when needed for criminal justice purposes. It establishes formal procedures by which a person who may be innocent of a crime may obtain a comparison between his or her DNA profile and DNA evidence obtained at the scene of the crime. The bill provides specific authority for comparisons between volunteered DNA samples and crime scene DNA evidence, but regulates the practice so that only crime-related DNA evidence and DNA profiles obtained from persons convicted of crimes may be stored in perpetuity in a government data- base. The bill also significantly expands the list of crimes for which, upon conviction and sentencing, the offender must submit a DNA sample for testing, and makes it a class A misdemeanor for such an offender to fail to comply with an authorized request to submit a DNA sample. Taken together, these measures will expand the use of DNA to convict the guil- ty, make greater use of DNA evidence to exonerate the innocent, reduce the incidence of wrongful convictions in this State and thereby improve the operation, effectiveness and fairness of our criminal justice system.

Legislative history

New bill.

Fiscal implications

The bill would result in increased costs to the state, primarily through the significant expansion of the state DNA identification index.

Effective date

The bill takes effect immediately, with some exceptions.