What's happening
This bill requires double verification of fingerprint identifications before arrest, allows defendants to challenge them in court, and mandates annual reporting on their accuracy.
Why it matters
Reduces risk of wrongful arrests. By requiring two separate employees to verify fingerprint matches, this bill aims to prevent arrests caused by clerical errors or misidentifications, which can have serious personal and legal consequences for innocent people.
Empowers defendants to contest faulty evidence. Defendants arrested based on fingerprint evidence gain the explicit right to challenge the accuracy of such identification early in the proceedings, potentially avoiding unnecessary detention or prosecution if errors are found.
Increases transparency and accountability. Annual reporting to both the legislature and the attorney general on the effectiveness and flaws of the fingerprint identification process creates ongoing oversight, encouraging continual improvement and public trust in criminal justice procedures.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Verify Arrest Fingerprints
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
765
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PERRY -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to ensuring accurate fingerprint identifications and providing for a verification hearing upon arrest
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 160.30 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. The division of criminal justice services shall be responsible for developing an adequate procedure to ensure the accuracy of fingerprint identifications in order to prevent erroneous identifications based upon clerical error. Prior to the arrest of a defendant based upon fingerprint identification evidence, two different employees of the division of criminal justice services shall each verify the accuracy of such fingerprint identification and accompanying information on record and shall maintain a written record of such verifications.
§ 2. The criminal procedure law is amended by adding a new section 160.35 to read as follows: § 160.35 Fingerprinting; verification hearing.
Upon an arrest based on fingerprint identification evidence, a defendant may file a motion challenging such identification with a preponderance of evidence and may be granted an immediate hearing in the local criminal court for the purpose of verifying the accuracy of such fingerprint identification and the possibility of clerical or other error in such identification.
§ 3. The division of criminal justice services shall make an annual report to the state legislature and the state attorney general regarding the accuracy and efficiency of the procedure developed pursuant to the amendments made to section 160.30 of the criminal procedure law by section one of this act. The report shall include a critical review of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06258-01-7
A. 765 2
such procedure, including but not limited to its efficiency, flaws and the numbers of erroneous identifications.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.