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Key Votes

S 6733 - Expands DNA Database to Include Misdemeanors - Key Vote

New York Key Votes

Stephen Saland Co-Sponsored (Introduced) this Legislation.

Read statements Stephen Saland made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Expands DNA Database to Include Misdemeanors

Legislation - Bill Passed (House) (135-4) -
Legislation - Introduced (Senate) -

Title: Expands DNA Database to Include Misdemeanors

Legislation - Bill Passed (Senate) (36-0) - (Key vote)

Title: Expands DNA Database to Include Misdemeanors

Vote Smart's Synopsis:

Vote to pass a bill that requires all persons convicted of a crime to provide DNA samples, effective October 1, 2012.

Highlights:
  • Requires that all “designated offenders” provide a DNA sample to be included in the state DNA database (Sec. 5).
  • Defines “designated offender” as a person convicted of any felony or misdemeanor (Sec. 5).
  • Requires a judge to deny a “designated offender’s” request to view evidence after a guilty plea or conviction in the following circumstances (Sec. 1):
    • The request to view evidence does not seek to demonstrate the defendant’s guilt or innocence;
    • The request was made more than 5 years after the date of conviction or release from custody except in cases where:
      • Extraordinary circumstances prohibited the defendant from filing the request in time; or
      • The request is based on facts that were not determined until after the statute of limitations;
    • The conviction was not a felony offense; or
    • The evidence requested is available through other sources.
  • Authorizes a request for a forensic DNA test after a defendant has pled guilty in the following circumstances (Sec. 2):
    • If DNA was collected as evidence in the investigation or prosecution of a defendant; and
    • A forensic DNA test has a “substantial probability” of establishing a defendant’s innocence.
  • Requires a judge to deny a “designated offender’s” request for forensic DNA testing after a guilty plea or conviction in the following circumstances (Sec. 2):
    • If the defendant had the opportunity to request a test prior to the request; or
    • The request was made more than 5 years after the date of conviction or release from custody except in cases where:
      • Extraordinary circumstances prohibited the defendant from filing the request in time; or
      • The request is based on facts that were not determined until after the statute of limitations.

Sponsors

  • Stephen M. Saland (NY - R) (Out Of Office)

Co-sponsors

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