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NY S06733
Bill
Status
3/19/2012
Primary Sponsor
Stephen Saland
Click for details
AI Summary
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Allows defendants convicted after trial to obtain court-ordered DNA testing and related evidence if probative to demonstrating actual innocence, with a 5-year limitation period from conviction (extendable under certain circumstances).
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Permits defendants convicted after guilty plea for homicide, sex offenses, violent felonies, or related charges to request DNA testing if results would have established innocence prior to plea entry, subject to same 5-year limitation with potential tolling.
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Authorizes courts to order DNA profile comparisons against CODIS and successor DNA databanks using "keyboard searches" (non-uploading method) during trial motions and discovery proceedings upon showing of materiality.
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Expands the definition of "designated offender" requiring DNA sample collection to include any felony conviction and most misdemeanors, replacing the prior restricted list of specific crimes.
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Shifts DNA testing costs to requesting defendant, except where court determines payment would create financial hardship, in which case the state bears costs; effective October 1, 2012.
Legislative Description
Relates to DNA testing of certain offenders convicted of a crime.
Last Action
SIGNED CHAP.19
3/19/2012