What's happening
This bill requires policies to set minimum retention periods for forensic evidence collected by law enforcement in New York.
Why it matters
Establishes a clear timeline. for when forensic evidence (like blood, tissue, or other biological samples) collected at crime scenes must be preserved, potentially impacting how long critical evidence remains available for appeals, retrials, or new investigations.
Requires the development and official adoption of statewide policies. within one year, ensuring consistency across all investigating authorities in how long they keep forensic samples and under what circumstances they may be destroyed.
Allows for an interim policy. to be put in place while the permanent rules are being developed, which means stricter preservation requirements could apply immediately, affecting ongoing and future cases.
Balances interests of justice and law enforcement. by mandating that any destruction of evidence be consistent with the interests of all parties involved—potentially protecting the rights of the accused, victims, and the integrity of law enforcement investigations.
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Who cares
Investigating authorities
They would have to follow a policy setting minimum retention periods for crime-scene biological samples and conditions for destroying them.
The commission overseeing DNA policy
It would have to develop and promulgate the retention policy within one year and could adopt an interim preservation mandate.
Criminal defendants and defense attorneys
The policy would determine how long biological samples remain available for potential examination in criminal cases.
Crime victims and prosecutors
Retention and destruction rules would affect the availability of biological evidence collected from crime scenes.
Headline styles
Keep Crime Scene DNA Longer
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6955
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
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.
LBD10402-01-9
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.