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NY S06733

Bill

Status

Passed

3/19/2012

Primary Sponsor

Stephen Saland

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • 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).

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Codes3/15/2012
Rules3/14/2012

Full Bill Text

No bill text available