What's happening
This bill expands eligibility for post-conviction forensic DNA testing when such evidence was secured during the investigation or trial.
Why it matters
Expands post-conviction DNA testing rights. by clarifying that evidence secured during the *investigation* (not just at trial) can now be tested, potentially benefiting those whose convictions relied on earlier, untested evidence.
Broadens the standard for granting DNA testing. If DNA test results *could have* been available to the defendant—or introduced at trial—and there’s a reasonable probability this would have led to a more favorable outcome, courts must approve testing. This lowers hurdles for access compared to previous, narrower standards.
Addresses fairness and accuracy in convictions. by giving more wrongfully convicted individuals a pathway to challenge their convictions with modern DNA technology, which could help exonerate the innocent or confirm guilt with greater certainty.
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Who cares
Headline styles
Expand DNA Testing Rights
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3085
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to forensic DNA testing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 1 of paragraph (a) of subdivision 1-a of section 440.30 of the criminal procedure law, as amended by chapter 19 of the laws of 2012, is amended to read as follows:
(1) Where the defendant's motion requests the performance of a forensic DNA test on specified evidence, and upon the court's determination that any evidence containing deoxyribonucleic acid ("DNA") was secured in connection with the investigation or trial resulting in the judgment, the court shall grant the application for forensic DNA testing of such evidence upon its determination that if a DNA test had been conducted on such evidence, and if the results had been available to the defendant, or the results had been admitted in the trial resulting in the judgment, there exists a reasonable probability that the disposition or verdict would have been more favorable to the defendant.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03709-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.