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

José Serrano Did Not Vote on this legislation.

Title: Expands DNA Database to Include Misdemeanors

Signed by Governor Andrew Cuomo

Title: Expands DNA Database to Include Misdemeanors

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;

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:

See The Voting Record
Full Bill Text

Key Votes