Signed by Governor Andrew Cuomo

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.

Full Bill Text