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A5713Assembly2019-2020 Session

Require Courts Allow DNA Evidence

Official title

“Provides that where the court determines that there is relevant admissible evidence containing deoxyribonucleic acid (DNA), such evidence shall be admitted”

Sponsor Steven EnglebrightAD-4Affects 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 requires that relevant and admissible DNA evidence must be admitted in New York criminal prosecutions.

Why it matters

  1. Strengthens the role of DNA evidence in criminal trials. by making it mandatory for courts to admit relevant and admissible DNA evidence, potentially reducing wrongful convictions or acquittals based on excluded scientific evidence.

  2. Limits judicial discretion over DNA evidence. judges can no longer exclude DNA evidence that is both relevant and meets admissibility standards, potentially ensuring more consistency in how such evidence is treated across New York courts.

  3. Could impact both prosecution and defense strategies. , as both sides can rely on the mandatory inclusion of qualifying DNA evidence, possibly affecting plea negotiations, trial tactics, and appeals.

  4. Aligns legal procedures with advances in forensic science. , highlighting the increased importance and reliability attributed to DNA evidence in the justice system, and potentially influencing public trust in verdicts involving biological evidence.

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Who cares

Headline styles

Require Courts Allow DNA Evidence

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

Sponsors

Primary sponsor
Steven Englebright

Assembly Member · Assembly District 4

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

5713

2019-2020 Regular Sessions

IN ASSEMBLY

February 14, 2019

Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to evidence containing deoxyribonucleic acid (DNA)

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

Section 1. The criminal procedure law is amended by adding a new section 60.77 to read as follows: § 60.77 Rules of evidence; deoxyribonucleic acid (DNA).

In any prosecution where the court determines that there is relevant admissible evidence containing deoxyribonucleic acid (DNA), such evidence shall be admitted.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

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

[ ] is old law to be omitted.

LBD09518-01-9

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.