LAWS OF NEW YORK, 2004
CHAPTER 576

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

AN ACT to amend the executive law, in relation to the state DNA iden-
tification index

Became a law October 5, 2004, 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
amended by a chapter of the laws of 2004 amending the executive law and
the criminal procedure law relating to expanding the existing DNA iden-
tification index, as proposed in legislative bills numbers S.7659 and
A.11721, 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] provisions of
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 degree, as defined in
subdivision five of section 155.30 of the penal law; or (c) any misde-
meanor or felony defined as a sex offense or sexually violent offense
pursuant to paragraph (a), (b) or (c) of subdivision two or paragraph
(a) of subdivision three of section one hundred sixty-eight-a of the
correction law; or (d) any of the following felonies, or an attempt
thereof where such attempt is a felony offense:
aggravated assault upon a person less than eleven years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in
section 230.32 of the penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law.
§ 2. Subdivision 3 of section 995-c of the executive law, as amended
by chapter 560 of the laws of 1999, is amended to read as follows:
3. Any designated offender subsequent to conviction and sentencing for
a [felony] crime specified in subdivision seven of section nine hundred
ninety-five of this article, shall be required to provide a sample
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.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2004 amending the executive law and
the criminal procedure law relating to expanding the existing DNA iden-
tification index, as proposed in legislative bills numbers S.7659 and
A.11721, takes effect.
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
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly