Bill Text: NY A01013 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes DNA testing in certain additional circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A01013 Detail]

Download: New_York-2011-A01013-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1013
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT to amend the criminal procedure law, in relation to forensic DNA
         testing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph (a) of subdivision 1-a of section 440.30 of the
    2  criminal procedure law, as amended by chapter 138 of the laws  of  2004,
    3  is amended to read as follows:
    4    (a)  Where the defendant's motion requests the performance of a foren-
    5  sic DNA test on specified evidence, and upon the  court's  determination
    6  that  any  evidence containing deoxyribonucleic acid ("DNA") was secured
    7  in connection with the INVESTIGATION OR trial resulting in the judgment,
    8  the court shall grant the application for forensic DNA testing  of  such
    9  evidence upon its determination that if a DNA test had been conducted on
   10  such  evidence,  and if the results had been AVAILABLE TO THE DEFENDANT,
   11  OR THE RESULTS HAD BEEN admitted in the trial resulting in the judgment,
   12  there exists a reasonable probability that the  DISPOSITION  OR  verdict
   13  would have been more favorable to the defendant.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03473-01-1