What's happening
This bill requires New York authorities to set and follow minimum retention periods for forensic biological samples collected at crime scenes.
Why it matters
Protects the integrity of future investigations and appeals. by ensuring that crucial biological evidence (like blood and tissue samples) is preserved for a minimum period, which could help solve cold cases or address wrongful convictions if new technologies emerge.
Establishes a clear, standardized policy across investigating authorities. for how long forensic samples must be kept, reducing inconsistencies and potential loss of evidence due to premature destruction.
Balances law enforcement and individual rights. by allowing for the destruction of samples only after specific events or time periods, considering the interests of all parties involved, including victims, suspects, and the justice system.
Requires prompt action and accountability. by mandating that the policy be developed within a year, and allowing for an interim preservation policy in the meantime, ensuring evidence is not lost during the transition.
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Who cares
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Keep Forensic Evidence Longer
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
3683
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
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 establishing the minimum period of time that forensic samples should be retained by investigating authorities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (ix) of paragraph (b) of subdivision 9 of section 995-b of the executive law, as added by chapter 737 of the laws of 1994, is amended and a new subparagraph (x) is added to read as follows:
(ix) such policy shall provide for the mutual exchange, use and storage of DNA records with the system of DNA identification utilized by the federal bureau of investigation provided that the commission determines that such exchange, use and storage are consistent with the provisions of this article and applicable provisions of law[.]; and
(x) such policy, which shall be developed and promulgated within one year of the effective date of this subparagraph, shall determine, consistent with this article, the appropriate minimum period of time that forensic samples of blood, tissue and other biological material, obtained in connection with the forensic examination of crime scenes, should be retained by investigating authorities and the time or specified event or events, if any, after which, consistent with the interest of all persons and law enforcement, such samples may be destroyed. Pending the promulgation of a policy addressing the issues set forth in this subparagraph, the commission may adopt an interim policy mandating the preservation by investigating authorities of forensic samples of blood, tissue and other biological material obtained in connection with the forensic examination of crime scenes.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03723-01-7
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.