Directs the adjutant general to present a United States flag to the person disposing of the body of a member of the organized militia

9 Co-sponsors

• Tony Avella
• Greg Ball
• John J. Bonacic
• John A. DeFrancisco
• Patrick M. Gallivan
• William J. Larkin Jr.
• Michael H. Ranzenhofer
• Patty Ritchie
• David J. Valesky

BILL NUMBER:S1431

Title of bill

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 iden- tification index

Purpose

This bill would provide for tolling of the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence.

Summary of provisions

Section one would amend paragraph (a) of subdivision 4 of section 30.10 of the Criminal Procedure Law to toll the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence.

Section two provides that the bill would take effect immediately, provided, however, that the amendment to paragraph (a) of subdivision 4 of section 30.10 of the Criminal Procedure Law made by section one would apply to offenses where the applicable period of limitation, including any extension of such period of limitation pursuant to law in effect before such effective date, has not expired on such effective date.

Existing law

Paragraph (a) of subdivision 4 of section 30.10 of the Criminal Proce- dure Law provides that in calculating the applicable period of limita- tion, any period following the commission of the offense during which the defendant was continuously outside this state or the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence shall not be included. The peri- od of limitation may not be extended by more than five years beyond the applicable period.

Justification

Statutes of limitation encourage law enforcement officials to promptly investigate suspected criminal activity and protect individuals from having to defend themselves against charges when the basic facts may have become obscured by the passage of time. However, many criminal prosecutions are thwarted, despite reasonable diligence by law enforce- ment officials, by the perpetrator's efforts to avoid identification.

DNA increasingly allows the perpetrators of crimes to be positively ascertained many years after the crime was committed and the statute of limitations has expired. This is particularly true as more offenders have their DNA added to the State DNA Databank and are thereafter linked to crimes they committed years before. Under such circumstances, the policy considerations sought to be addressed by statutes of limitations are no longer valid. In essence, the underlying rationale behind a stat- ute of limitations -- to guard against potentially unreliable identifi-

cation testimony offered by an eyewitness whose memory has faded with the passage of time -- evaporates in the face of scientific evidence whose accuracy is not diminished by the passage of time. In such instances, perpetrators of crimes should not be allowed to use the stat- ute of limitations as a shield to protect them against prosecution for the crimes they have committed.

Legislative history

2011-2012 - S.2001 - Advanced to third reading/Referred to Codes 2009/2010 - S.1479 - Referred to Codes 2007/2008 - S.2374 - Passed Senate

Fiscal implications

None.

Effective date

Immediately and applicable to offenses where the applicable period of limitation, including any extension of such period of limitation pursuant to law in effect before such effective date, has not expired on such effective date.