Laws of New York, 1999
Chapter 560
DNA Identification Index


EXPLANATION—Matter in italics is new; matter in brackets [ ] is
old law to be omitted.


LAWS OF NEW YORK, 1999
CHAPTER 560

AN ACT to amend the executive law and the criminal procedure law, in
relation to the DNA Identification Index

Became a law October 18, 1999, with the approval of the Governor. Passed
on message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.

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

Section 1. Subdivision 7 of section 995 of the executive law, as added
by chapter 737 of the laws of 1994, is amended to read as follows:
7. "Designated offender" means a person convicted of and sentenced for
any one or more of the following felonies as defined in the penal law
(a): sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.67 and 130.70, relating to sex
offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to escape
and other offenses, where the offender has been convicted within the
previous five years of one of the other felonies specified in this
subdivision; or section 255.25, relating to incest, a violent felony
offense as defined in subdivision one of section 70.02 of the penal law,
attempted murder in the first degree, as defined in section 110.00 and
section 125.27 of the penal law, kidnapping in the first degree, as
defined in section 135.25 of the penal law, arson in the first degree,
as defined in section 150.20 of the penal law, burglary in the third
degree, as defined in section 140.20 of the penal law or attempted
burglary in the third degree, as defined in section 110.00 and section
140.20 of the penal law; or
(b) criminal possession of a controlled substance in the first degree,
as defined in section 220.21 of the penal law; criminal possession of a
controlled substance in the second degree, as defined in section 220.18
of the penal law; criminal sale of a controlled substance, as defined in
article 220 of the penal law; or grand larceny in the fourth, third,
second or first degree, as defined respectively in sections 155.30,
155.35, 155.40 or 155.45, of the penal law, but only when such larceny
is from a person pursuant to subparagraph (i) of paragraph (e) of subdi-
vision two of section 155.05 of the penal law.
§ 2. Paragraph (a) of subdivision 13 of section 995-b of the executive
law, as added by chapter 737 of the laws of 1994, is amended to read as
follows:
(a) The commission shall establish a subcommittee on forensic DNA
laboratories and forensic DNA testing. The chair of the subcommittee
shall be appointed by the chair of the commission. The chair of the
subcommittee shall appoint six other members to the subcommittee, one of
whom shall represent the discipline of molecular biology and be
appointed upon the recommendation of the commissioner of the department
of health, one of whom shall represent the discipline of population
genetics and be appointed upon the recommendation of the commissioner of
the department of health, one of whom shall be representative of the
discipline of laboratory standards and quality assurance regulation and
monitoring and be appointed upon the recommendation of the commissioner
of the department of health, one of whom shall be a forensic scientist
and be appointed [by ] upon the recommendation of the commissioner of the
department of health, one of whom shall be representative of the disci-
pline of population genetics and be appointed upon the recommendation of
the commissioner of criminal justice services and one of whom shall be
representative of the discipline of forensic science and be appointed
upon the recommendation of the commissioner of criminal justice
services. Members of the DNA subcommittee shall serve for three year
terms and be subject to the conditions of service specified in section
nine hundred ninety-five-a of this article.
§ 3. Subdivision 3 of section 995-c of the executive law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
3. Any designated offender subsequent to conviction and sentencing for
a felony specified in subdivision seven of section nine hundred ninety-
five of this article, shall be required to provide a sample [of blood ]
appropriate for DNA testing to determine identification characteristics
specific to such person and to be included in a state DNA identification
index pursuant to this article.
§ 4. Subdivision 5 of section 995-c of the executive law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
5. The [blood ] sample shall be collected, stored and forwarded to any
forensic DNA laboratory which has been authorized by the commission to
perform forensic DNA testing and analysis for inclusion in the state DNA
identification index. Such laboratory shall promptly perform the requi-
site testing and analysis, and forward the resulting DNA record only to
the state DNA identification index in accordance with the regulations of
the division of criminal justice services. Such laboratory shall perform
DNA analysis only for those markers having value for law enforcement
identification purposes. For the purposes of this article, the term
"marker" shall have the meaning generally ascribed to it by members of
the scientific community experienced in the use of DNA technology.
§ 5. Subdivision 2 of section 995-d of the executive law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
records, findings, reports, and results of DNA testing, other than a DNA
record maintained in the state DNA identification index, may be
disclosed in a criminal proceeding to the court, the prosecution, and
the defense pursuant to a written request on a form prescribed by the
commissioner of the division of criminal justice services. Notwithstand-
ing the provisions of subdivision one of this section, a DNA record
maintained in the state DNA identification index may be disclosed pursu-
ant to section nine hundred [fifty-five-c ] ninety-five-c of this arti-
cle.
§ 6. Section 995-f of the executive law, as added by chapter 737 of
the laws of 1994, is amended to read as follows:
§ 995-f. Penalties. Any person who (a) intentionally discloses a DNA
record, or the results of a forensic DNA test or analysis, to an indi-
vidual or agency other than one authorized to have access to such
records pursuant to this article or (b) intentionally uses or receives
DNA records, or the results of a forensic DNA test or analysis, for
purposes other than those authorized pursuant to this article or (c) any
person who knowingly tampers or attempts to tamper with any DNA sample
or the collection container without lawful authority shall be guilty of
a class [A misdemeanor, and upon conviction thereof, shall be subject to
a fine of not more than ten thousand dollars and such other penalties as
are provided in this chapter ] E felony.
§ 7. Section 450.10 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
5. An order denying a motion, made pursuant to subdivision one-a of
section 440.30, for forensic DNA testing of evidence.
§ 8. Section 450.20 of the criminal procedure law is amended by adding
a new subdivision 11 to read as follows:
11. An order granting a motion, made pursuant to subdivision one-a of
section 440.30, for forensic DNA testing of evidence.
§ 9. This act shall take effect December 1, 1999; provided, further,
however, that paragraph (a) of subdivision seven of section 995 of the
executive law, as amended by section one of this act shall apply to
designated offenses committed on or after the effective date of this
act, as well as to designated offenses committed prior to the effective
date of this act where service of the sentence imposed upon conviction
of the designated offense has not been completed prior to the effective
date of this act, provided further, that paragraph (b) of subdivision
seven of section 995 of the executive law, as amended by section one of
this act, shall take effect and apply only to designated offenders
convicted on or after the effective date of this act; and provided
further that an appeal pursuant to subdivision 5 of section 450.10 of
the criminal procedure law as added by section seven of this act or
subdivision 11 of section 450.20 of the criminal procedure law, as added
by section eight of this act, shall apply to motions pursuant to subdi-
vision 1-a of section 440.30 of the criminal procedure law determined
prior to, or on or after, such effective date of this act.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

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