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A4106Assembly2017-2018 Session

Let Defendants Request DNA Checks

Official title

“Relates to requests for certain comparisons of DNA test results and disclosure of such information”

Sponsor Joseph LentolAD-50Affects Legal
Status
In Assembly Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows courts to order DNA and fingerprint database checks for defendants if it may help their defense.

Why it matters

  1. Expands defendants’ access to forensic evidence. By allowing courts to order DNA and fingerprint database checks when relevant to the defense, this bill gives defendants a stronger tool for potentially proving innocence or identifying alternative suspects.

  2. Promotes fairness and accuracy in criminal trials. The ability to compare crime scene evidence against state and national databases may help prevent wrongful convictions by surfacing exculpatory evidence that wasn’t previously accessible to the defense.

  3. Balances defendant rights with judicial oversight. The bill requires defendants to demonstrate that such checks may be material to their defense and that the request is reasonable, ensuring that database searches are not automatic but subject to court approval.

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Who cares

Headline styles

Let Defendants Request DNA Checks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Joseph Lentol

Assembly Member · Assembly District 50

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4106

2017-2018 Regular Sessions

IN ASSEMBLY

February 1, 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 requests for certain DNA test comparisons

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 995-c of the executive law is amended by adding a new subdivision 10 to read as follows:

10. A superior court, in response to a motion for such comparison by a defendant, may order that DNA information from a crime scene sample or samples and/or fingerprints obtained in the course of the investigation of an alleged crime be checked against the DNA records maintained by or available through the state DNA identification index established pursuant to this section and the national DNA index system, and against the fingerprint records maintained by or available through the state fingerprint record database established pursuant to subdivision seven of section eight hundred thirty-seven of this chapter and the national fingerprint identification system, and that the results of such check or checks be disclosed to such defendant and to the prosecutor whose jurisdiction includes the location of the alleged commission of such crime, upon a showing by the defendant that such an analysis may be material to his or her defense and that the request is reasonable.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03719-01-7

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.