Bill Text: NY A03267 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the collection of DNA samples of designated offenders, retention and confidentiality of DNA samples, collection and preservation of biological evidence, and the establishment of the commission for exoneration review.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2012-01-18 - enacting clause stricken [A03267 Detail]
Download: New_York-2011-A03267-Introduced.html
Bill Title: Relates to the collection of DNA samples of designated offenders, retention and confidentiality of DNA samples, collection and preservation of biological evidence, and the establishment of the commission for exoneration review.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2012-01-18 - enacting clause stricken [A03267 Detail]
Download: New_York-2011-A03267-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3267
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. SCHIMMINGER, CUSICK, GABRYSZAK, GALEF, MAGNAREL-
LI, MAYERSOHN -- Multi-Sponsored by -- M. of A. LATIMER, MAGEE, PHEF-
FER, REILLY, SWEENEY -- read once and referred to the Committee on
Codes
AN ACT to amend the executive law and the criminal procedure law, in
relation to collection of DNA samples from designated offenders; to
amend the executive law, in relation to collection and preservation of
biological evidence; to establish a commission for exoneration review;
to amend the criminal procedure law, in relation to access by defend-
ants to DNA evidence, and procedures for consideration of post-convic-
tion relief; to amend the penal law, in relation to conditions of
probation and conditional discharge; and to amend the court of claims
act, in relation to claims for unjust conviction and imprisonment; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 7 of section 995 of the executive law, as
2 amended by chapter 2 of the laws of 2006, paragraph (a) as separately
3 amended by chapter 320 of the laws of 2006 and paragraph (f) as amended
4 by chapter 405 of the laws of 2010, is amended to read as follows:
5 7. "Designated offender" means a person [convicted of and sentenced
6 for any one or more of the following provisions of the penal law (a)
7 sections 120.05, 120.10, and 120.11, relating to assault; sections
8 125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
9 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to
10 sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
11 escape and other offenses, where the offender has been convicted within
12 the previous five years of one of the other felonies specified in this
13 subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,
14 a violent felony offense as defined in subdivision one of section 70.02
15 of the penal law, attempted murder in the first degree, as defined in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03787-01-1
A. 3267 2
1 section 110.00 and section 125.27 of the penal law, kidnapping in the
2 first degree, as defined in section 135.25 of the penal law, arson in
3 the first degree, as defined in section 150.20 of the penal law,
4 burglary in the third degree, as defined in section 140.20 of the penal
5 law, attempted burglary in the third degree, as defined in section
6 110.00 and section 140.20 of the penal law, a felony defined in article
7 four hundred ninety of the penal law relating to terrorism or any
8 attempt to commit an offense defined in such article relating to terror-
9 ism which is a felony; or (b) criminal possession of a controlled
10 substance in the first degree, as defined in section 220.21 of the penal
11 law; criminal possession of a controlled substance in the second degree,
12 as defined in section 220.18 of the penal law; criminal sale of a
13 controlled substance, as defined in article 220 of the penal law; or
14 grand larceny in the fourth degree, as defined in subdivision five of
15 section 155.30 of the penal law; or (c) any misdemeanor or felony
16 defined as a sex offense or sexually violent offense pursuant to para-
17 graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
18 three of section one hundred sixty-eight-a of the correction law; or (d)
19 any of the following felonies, or an attempt thereof where such attempt
20 is a felony offense:
21 aggravated assault upon a person less than eleven years old, as
22 defined in section 120.12 of the penal law; menacing in the first
23 degree, as defined in section 120.13 of the penal law; reckless endan-
24 germent in the first degree, as defined in section 120.25 of the penal
25 law; stalking in the second degree, as defined in section 120.55 of the
26 penal law; criminally negligent homicide, as defined in section 125.10
27 of the penal law; vehicular manslaughter in the second degree, as
28 defined in section 125.12 of the penal law; vehicular manslaughter in
29 the first degree, as defined in section 125.13 of the penal law;
30 persistent sexual abuse, as defined in section 130.53 of the penal law;
31 aggravated sexual abuse in the fourth degree, as defined in section
32 130.65-a of the penal law; female genital mutilation, as defined in
33 section 130.85 of the penal law; facilitating a sex offense with a
34 controlled substance, as defined in section 130.90 of the penal law;
35 unlawful imprisonment in the first degree, as defined in section 135.10
36 of the penal law; custodial interference in the first degree, as defined
37 in section 135.50 of the penal law; criminal trespass in the first
38 degree, as defined in section 140.17 of the penal law; criminal tamper-
39 ing in the first degree, as defined in section 145.20 of the penal law;
40 tampering with a consumer product in the first degree, as defined in
41 section 145.45 of the penal law; robbery in the third degree as defined
42 in section 160.05 of the penal law; identity theft in the second degree,
43 as defined in section 190.79 of the penal law; identity theft in the
44 first degree, as defined in section 190.80 of the penal law; promoting
45 prison contraband in the first degree, as defined in section 205.25 of
46 the penal law; tampering with a witness in the third degree, as defined
47 in section 215.11 of the penal law; tampering with a witness in the
48 second degree, as defined in section 215.12 of the penal law; tampering
49 with a witness in the first degree, as defined in section 215.13 of the
50 penal law; criminal contempt in the first degree, as defined in subdivi-
51 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
52 criminal contempt, as defined in section 215.52 of the penal law; bail
53 jumping in the second degree, as defined in section 215.56 of the penal
54 law; bail jumping in the first degree, as defined in section 215.57 of
55 the penal law; patronizing a prostitute in the second degree, as defined
56 in section 230.05 of the penal law; patronizing a prostitute in the
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1 first degree, as defined in section 230.06 of the penal law; promoting
2 prostitution in the second degree, as defined in section 230.30 of the
3 penal law; promoting prostitution in the first degree, as defined in
4 section 230.32 of the penal law; compelling prostitution, as defined in
5 section 230.33 of the penal law; disseminating indecent materials to
6 minors in the second degree, as defined in section 235.21 of the penal
7 law; disseminating indecent materials to minors in the first degree, as
8 defined in section 235.22 of the penal law; riot in the first degree, as
9 defined in section 240.06 of the penal law; criminal anarchy, as defined
10 in section 240.15 of the penal law; aggravated harassment of an employee
11 by an inmate, as defined in section 240.32 of the penal law; unlawful
12 surveillance in the second degree, as defined in section 250.45 of the
13 penal law; unlawful surveillance in the first degree, as defined in
14 section 250.50 of the penal law; endangering the welfare of a vulnerable
15 elderly person in the second degree, as defined in section 260.32 of the
16 penal law; endangering the welfare of a vulnerable elderly person in the
17 first degree, as defined in section 260.34 of the penal law; use of a
18 child in a sexual performance, as defined in section 263.05 of the penal
19 law; promoting an obscene sexual performance by a child, as defined in
20 section 263.10 of the penal law; possessing an obscene sexual perform-
21 ance by a child, as defined in section 263.11 of the penal law; promot-
22 ing a sexual performance by a child, as defined in section 263.15 of the
23 penal law; possessing a sexual performance by a child, as defined in
24 section 263.16 of the penal law; criminal possession of a weapon in the
25 third degree, as defined in section 265.02 of the penal law; criminal
26 sale of a firearm in the third degree, as defined in section 265.11 of
27 the penal law; criminal sale of a firearm to a minor, as defined in
28 section 265.16 of the penal law; unlawful wearing of a body vest, as
29 defined in section 270.20 of the penal law; hate crimes as defined in
30 section 485.05 of the penal law; and crime of terrorism, as defined in
31 section 490.25 of the penal law; or (e) a felony defined in the penal
32 law or an attempt thereof where such attempt is a felony; or (f) any of
33 the following misdemeanors: assault in the third degree as defined in
34 section 120.00 of the penal law; attempted aggravated assault upon a
35 person less than eleven years old, as defined in section 110.00 and
36 section 120.12 of the penal law; attempted menacing in the first degree,
37 as defined in section 110.00 and section 120.13 of the penal law; menac-
38 ing in the second degree as defined in section 120.14 of the penal law;
39 menacing in the third degree as defined in section 120.15 of the penal
40 law; reckless endangerment in the second degree as defined in section
41 120.20 of the penal law; stalking in the fourth degree as defined in
42 section 120.45 of the penal law; stalking in the third degree as defined
43 in section 120.50 of the penal law; attempted stalking in the second
44 degree, as defined in section 110.00 and section 120.55 of the penal
45 law; criminal obstruction of breathing or blood circulation as defined
46 in section 121.11 of the penal law; forcible touching as defined in
47 section 130.52 of the penal law regardless of the age of the victim;
48 sexual abuse in the third degree as defined in section 130.55 of the
49 penal law regardless of the age of the victim; unlawful imprisonment in
50 the second degree as defined in section 135.05 of the penal law regard-
51 less of the age of the victim; attempted unlawful imprisonment in the
52 first degree, as defined in section 110.00 and section 135.10 of the
53 penal law regardless of the age of the victim; criminal trespass in the
54 second degree as defined in section 140.15 of the penal law; possession
55 of burglar's tools as defined in section 140.35 of the penal law; petit
56 larceny as defined in section 155.25 of the penal law; endangering the
A. 3267 4
1 welfare of a child as defined in section 260.10 of the penal law; endan-
2 gering the welfare of an incompetent or physically disabled person as
3 defined in section 260.25 of the penal law] ARRESTED FOR ANY OFFENSE FOR
4 WHICH THE FINGERPRINTS OF THE DEFENDANT OR ARRESTED PERSON ARE REQUIRED
5 OR PERMITTED TO BE TAKEN PURSUANT TO SECTION 160.10 OF THE CRIMINAL
6 PROCEDURE LAW, OR A PERSON ADJUDICATED AND SENTENCED AS A YOUTHFUL
7 OFFENDER PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMINAL PROCE-
8 DURE LAW FOR ANY SUCH OFFENSE, OR A PERSON WHO IS REQUIRED TO REGISTER
9 AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
10 S 2. Subdivision 3 of section 995-c of the executive law, as amended
11 by chapter 576 of the laws of 2004, is amended to read as follows:
12 3. (A) Any designated offender [subsequent to conviction and sentenc-
13 ing for a crime specified in subdivision seven of section nine hundred
14 ninety-five of this article,] shall be required to provide a sample
15 appropriate for DNA testing to determine identification characteristics
16 specific to such person and to be included in a state DNA identification
17 index pursuant to this article, UNLESS SUCH DESIGNATED OFFENDER HAS
18 PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDENTIFI-
19 CATION INDEX.
20 (B) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE COLLECTION OF A DNA
21 SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
22 CORRECTION OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, OR
23 OTHER LAW ENFORCEMENT OFFICIAL OR PUBLIC SERVANT WHO HAS BEEN NOTIFIED
24 BY THE DIVISION THAT THE DESIGNATED OFFENDER HAS NOT PROVIDED A DNA
25 SAMPLE.
26 (C) A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER WHO HAS
27 NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED MAY USE REASONABLE
28 PHYSICAL FORCE TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER WRITTEN OR
29 ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
30 (D) THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
31 UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX SHALL
32 NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
33 NAL JUSTICE SERVICES INADVERTENTLY, BUT IN GOOD FAITH, COLLECTED OR
34 PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
35 (E) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
36 SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF
37 THE DNA IDENTIFICATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX
38 CONTAINS DNA PROFILES THAT SHOULD NOT BE IN THE INDEX, INCLUDING THE
39 STEPS NECESSARY TO EXPUNGE ANY PROFILES WHICH THE DIVISION DETERMINES
40 SHOULD NOT BE IN THE INDEX.
41 S 3. Section 995-f of the executive law, as amended by chapter 560 of
42 the laws of 1999, is amended to read as follows:
43 S 995-f. Penalties. 1. Any person who (a) intentionally discloses a
44 DNA record, or the results of a forensic DNA test or analysis, to an
45 individual or agency other than one authorized to have access to such
46 records pursuant to this article or (b) intentionally uses or receives
47 DNA records, or the results of a forensic DNA test or analysis, for
48 purposes other than those authorized pursuant to this article or (c) any
49 person who knowingly tampers or attempts to tamper with any DNA sample
50 or the collection container without lawful authority shall be guilty of
51 a class E felony.
52 2. ANY DESIGNATED OFFENDER SUBJECT TO PROBATION OR PAROLE SUPERVISION
53 WHO IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TESTING PURSUANT
54 TO THE PROVISIONS OF THIS ARTICLE, AND WHO FAILS TO PROVIDE SUCH SAMPLE
55 UPON NOTIFICATION BY A COURT, STATE OR LOCAL CORRECTION OFFICIAL OR
56 EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, OR OTHER LAW ENFORCEMENT
A. 3267 5
1 OFFICIAL OR PUBLIC SERVANT OF HIS OR HER OBLIGATION TO PROVIDE SUCH A
2 SAMPLE, SHALL BE DEEMED TO VIOLATE THE CONDITIONS OF PROBATION OR
3 PAROLE, AND SUCH VIOLATION SHALL BE A BASIS FOR THE REVOCATION OF
4 PROBATION OR PAROLE IN ACCORDANCE WITH ARTICLE FOUR HUNDRED TEN OF THE
5 CRIMINAL PROCEDURE LAW OR SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAP-
6 TER. FOR PURPOSES OF THIS ARTICLE, "PAROLE SUPERVISION" SHALL BE DEEMED
7 TO INCLUDE POST-RELEASE SUPERVISION.
8 S 4. Subdivision 4 of section 995-c of the executive law, as amended
9 by section 65 of part A of chapter 56 of the laws of 2010, is amended to
10 read as follows:
11 4. The commissioner of the division of criminal justice services, in
12 consultation with the commission, the commissioner of health, the divi-
13 sion of parole, the director of the office of probation and correctional
14 alternatives and the department of correctional services, shall promul-
15 gate rules and regulations governing the procedures for notifying desig-
16 nated offenders of the requirements of this section. THE COMMISSIONER
17 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ALSO PROMULGATE RULES
18 AND REGULATIONS GOVERNING THE PROCEDURES FOR OBTAINING A SAMPLE APPRO-
19 PRIATE FOR DNA TESTING FROM A PERSON WHO IS REQUIRED TO REGISTER AS A
20 SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
21 S 5. Section 995-b of the executive law is amended by adding a new
22 subdivision 3-a to read as follows:
23 3-A. THE COMMISSION, IN CONSULTATION WITH THE SUBCOMMITTEE ON BIOLOG-
24 ICAL EVIDENCE PRESERVATION, SHALL DEVELOP GUIDELINES RELATING TO THE
25 COLLECTION, PRESERVATION, STORAGE, AND INDEXING OF BIOLOGICAL EVIDENCE
26 BY LAW ENFORCEMENT AGENCIES AND FORENSIC LABORATORIES. SUCH GUIDELINES
27 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE MINIMUM PERIOD OF TIME THAT
28 BIOLOGICAL EVIDENCE OBTAINED FROM CRIME SCENES SHOULD BE RETAINED. AS
29 USED IN THIS SUBDIVISION, THE TERM "BIOLOGICAL EVIDENCE" SHALL MEAN
30 SEMEN, BLOOD, SALIVA, HAIR, SKIN, TISSUE, OR OTHER IDENTIFIED BIOLOGICAL
31 MATERIAL, AND SHALL INCLUDE A SEXUAL ASSAULT FORENSIC EXAMINATION KIT.
32 INITIALLY, THE COMMISSION SHALL DEVELOP SUCH GUIDELINES AS VOLUNTARY
33 BEST PRACTICES. NONCOMPLIANCE WITH SUCH GUIDELINES SHALL NOT BE GROUNDS
34 FOR DISMISSAL OF CHARGES, EXCLUSION OF EVIDENCE, OR ANY OTHER LEGAL
35 RELIEF. THEREAFTER, AND TAKING INTO ACCOUNT THE EXPERIENCE UNDER THE
36 INITIAL GUIDELINES, THE COMMISSION SHALL CONSIDER WHAT MANDATORY RULES
37 SHOULD BE ADOPTED AS TO THE COLLECTION, PRESERVATION, STORAGE, AND
38 INDEXING OF BIOLOGICAL EVIDENCE BY LAW ENFORCEMENT AGENCIES AND FORENSIC
39 LABORATORIES. THE COMMISSION MAY ADOPT SUCH RULES WITHIN ITS EXISTING
40 REGULATORY AUTHORITY; IT MAY RECOMMEND THAT IT OR ANOTHER BODY BE GIVEN
41 EXPANDED REGULATORY AUTHORITY; AND IT MAY MAKE RECOMMENDATIONS FOR STAT-
42 UTORY ADOPTION OF PARTICULAR RULES. IN DEVELOPING SUCH GUIDELINES, RULES
43 AND RECOMMENDATIONS, THE COMMISSION SHALL CONSIDER THE VARYING NEEDS AND
44 RESOURCES OF LAW ENFORCEMENT AGENCIES AND JURISDICTIONS WITHIN THE
45 STATE.
46 S 6. Subdivision 6 of section 120.90 of the criminal procedure law, as
47 amended by chapter 424 of the laws of 1998, is amended to read as
48 follows:
49 6. Before bringing a defendant arrested pursuant to a warrant before
50 the local criminal court in which such warrant is returnable, a police
51 officer must without unnecessary delay perform all fingerprinting and
52 other preliminary police duties required in the particular case. In any
53 case in which the defendant is not brought by a police officer before
54 such court but, following his OR HER arrest in another county for an
55 offense specified in subdivision one of section 160.10, is released by a
56 local criminal court of such other county on his OR HER own recognizance
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1 or on bail for his OR HER appearance on a specified date before the
2 local criminal court before which the warrant is returnable, the latter
3 court must, upon arraignment of the defendant before it, direct that he
4 OR SHE be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
5 TAKEN by the appropriate officer or agency, and that he OR SHE appear at
6 an appropriate designated time and place for such purpose.
7 S 7. Section 130.60 of the criminal procedure law, as amended by chap-
8 ter 95 of the laws of 1991, subdivision 1 as amended by chapter 446 of
9 the laws of 1993, is amended to read as follows:
10 S 130.60 Summons; fingerprinting of defendant.
11 1. Upon the arraignment of a defendant whose court attendance has been
12 secured by the issuance and service of a summons, based upon an indict-
13 ment, a prosecutor's information or upon an information, felony
14 complaint or misdemeanor complaint filed by a complainant who is a
15 police officer, the court must, if an offense charged in the accusatory
16 instrument is one specified in subdivision one of section 160.10, direct
17 that the defendant be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
18 DNA TESTING TAKEN by the appropriate police officer or agency, and that
19 he or she appear at an appropriate designated time and place for such
20 purpose.
21 2. Upon the arraignment of a defendant whose court attendance has been
22 secured by the issuance and service of a summons based upon an informa-
23 tion or misdemeanor complaint filed by a complainant who is not a police
24 officer, and who has not previously been fingerprinted OR FROM WHOM A
25 DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN, the court may, if it finds
26 reasonable cause to believe that the defendant has committed an offense
27 specified in subdivision one of section 160.10, direct that the defend-
28 ant be fingerprinted AND/OR HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
29 TAKEN by the appropriate police officer or agency and that he OR SHE
30 appear at an appropriate designated time and place for such purpose. A
31 defendant whose court appearance has been secured by the issuance and
32 service of a criminal summons based upon a misdemeanor complaint or
33 information filed by a complainant who is not a police officer, must be
34 directed by the court, upon conviction of the defendant, to be finger-
35 printed AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN by the
36 appropriate police officer or agency and the court must also direct that
37 the defendant appear at an appropriate designated time and place for
38 such purpose, if the defendant is convicted of any offense specified in
39 subdivision one of section 160.10.
40 S 8. Subdivision 5 of section 140.20 of the criminal procedure law, as
41 amended by chapter 762 of the laws of 1971, is amended to read as
42 follows:
43 5. Before service of an appearance ticket upon an arrested person
44 pursuant to subdivision two or three, the issuing police officer must,
45 if the offense designated in such appearance ticket is one of those
46 specified in subdivision one of section 160.10, cause such person to be
47 fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN in the
48 same manner as would be required were no appearance ticket to be issued
49 or served.
50 S 9. Subdivision 2 of section 140.27 of the criminal procedure law, as
51 amended by chapter 843 of the laws of 1980, is amended to read as
52 follows:
53 2. Upon arresting a person without a warrant, a peace officer, except
54 as otherwise provided in subdivision three, must without unnecessary
55 delay bring him OR HER or cause him OR HER to be brought before a local
56 criminal court, as provided in section 100.55 and subdivision one of
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1 section 140.20, and must without unnecessary delay file or cause to be
2 filed therewith an appropriate accusatory instrument. If the offense
3 which is the subject of the arrest is one of those specified in subdivi-
4 sion one of section 160.10, the arrested person must be fingerprinted
5 [and], photographed AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN
6 as therein provided. In order to execute the required post-arrest func-
7 tions, such arresting peace officer may perform such functions himself
8 OR HERSELF, or he OR SHE may enlist the aid of a police officer for the
9 performance thereof in the manner provided in subdivision one of section
10 140.20.
11 S 10. Section 150.70 of the criminal procedure law, as amended by
12 chapter 762 of the laws of 1971, is amended to read as follows:
13 S 150.70 Appearance ticket; fingerprinting AND DNA ANALYSIS SAMPLE of
14 defendant.
15 Upon the arraignment of a defendant who has not been arrested and
16 whose court attendance has been secured by the issuance and service of
17 an appearance ticket pursuant to subdivision one of section 150.20, the
18 court must, if an offense charged in the accusatory instrument is one
19 specified in subdivision one of section 160.10, direct that the defend-
20 ant be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN
21 by the appropriate police officer or agency, and that he OR SHE appear
22 at an appropriate designated time and place for such purpose.
23 S 11. The section heading of section 160.10 of the criminal procedure
24 law, as amended by chapter 762 of the laws of 1971, is amended and a new
25 subdivision 5 is added to read as follows:
26 Fingerprinting AND DNA ANALYSIS; duties of police with respect there-
27 to.
28 5. (A) WHENEVER FINGERPRINTS ARE REQUIRED TO BE TAKEN PURSUANT TO
29 SUBDIVISION ONE OF THIS SECTION OR PERMITTED TO BE TAKEN PURSUANT TO
30 SUBDIVISION TWO OF THIS SECTION, THE TAKING OF A SAMPLE APPROPRIATE FOR
31 DNA TESTING SHALL BE SIMILARLY REQUIRED OR PERMITTED.
32 (B) THE TAKING OF SAMPLES APPROPRIATE FOR DNA TESTING AS PRESCRIBED IN
33 THIS SECTION SHALL BE IN ACCORDANCE WITH STANDARDS THAT MAY BE ESTAB-
34 LISHED BY RULES AND REGULATIONS OF THE COMMISSIONER OF THE DIVISION OF
35 CRIMINAL JUSTICE SERVICES.
36 (C) "DNA" AS USED IN THIS ARTICLE MEANS DNA AS DEFINED IN SECTION NINE
37 HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW.
38 S 12. Section 160.20 of the criminal procedure law, as amended by
39 chapter 108 of the laws of 1973, is amended to read as follows:
40 S 160.20 Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
41 prints AND DNA ANALYSIS SAMPLE.
42 Upon the taking of fingerprints AND A SAMPLE APPROPRIATE FOR DNA TEST-
43 ING of an arrested person or defendant as prescribed in section 160.10,
44 the appropriate police officer or agency must without unnecessary delay
45 forward two copies of such fingerprints to the division of criminal
46 justice services, AND SHALL STORE AND FORWARD SUCH DNA SAMPLE TO A
47 FORENSIC DNA LABORATORY FOR FORENSIC DNA TESTING AND ANALYSIS, AND
48 INCLUSION IN THE STATE DNA IDENTIFICATION INDEX IN ACCORDANCE WITH
49 SUBDIVISION FIVE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE
50 LAW.
51 S 13. Paragraphs (a) and (b) of subdivision 1 of section 160.55 of the
52 criminal procedure law, paragraph (a) as amended by chapter 476 of the
53 laws of 2009 and paragraph (b) as amended by chapter 169 of the laws of
54 1994, are amended to read as follows:
55 (a) every photograph of such person and photographic plate or proof,
56 [and] all palmprints and fingerprints taken or made of such person, AND
A. 3267 8
1 ALL DNA ANALYSIS SAMPLES AND DNA RECORDS TAKEN pursuant to the
2 provisions of this article in regard to the action or proceeding termi-
3 nated, [and] all duplicates and copies thereof, except a digital finger-
4 print image where authorized pursuant to paragraph (e) of this subdivi-
5 sion, except for the palmprints and fingerprints concerning a
6 disposition of harassment in the second degree as defined in section
7 240.26 of the penal law, committed against a member of the same family
8 or household as the defendant, as defined in subdivision one of section
9 530.11 of this chapter, and determined pursuant to subdivision eight-a
10 of section 170.10 of this title, shall forthwith be, at the discretion
11 of the recipient agency, either destroyed or returned to such person, or
12 to the attorney who represented such person at the time of the termi-
13 nation of the action or proceeding, at the address given by such person
14 or attorney during the action or proceeding, by the division of criminal
15 justice services and by any police department or law enforcement agency
16 having any such photograph, photographic plate or proof, palmprints
17 [or], fingerprints, AND DNA ANALYSIS SAMPLE AND DNA RECORD in its
18 possession or under its control;
19 (b) any police department or law enforcement agency, including the
20 division of criminal justice services, which transmitted or otherwise
21 forwarded to any agency of the United States or of any other state or of
22 any other jurisdiction outside the state of New York copies of any such
23 photographs, photographic plates or proofs, palmprints [and], finger-
24 prints, AND DNA ANALYSIS SAMPLE AND DNA RECORD, shall forthwith formally
25 request in writing that all such copies be destroyed or returned to the
26 police department or law enforcement agency which transmitted or
27 forwarded them, and upon such return such department or agency shall, at
28 its discretion, either destroy or return them as provided herein;
29 S 14. (a) The commission for exoneration review is hereby established
30 on a temporary basis as an independent agency of the state to study and
31 review recent cases in which convicted defendants were subsequently
32 exonerated, whether by DNA evidence or otherwise, to determine why the
33 process failed in each individual case, and to determine whether these
34 cases are indicative of systemic flaws that have led to the conviction
35 and sentencing of innocent people.
36 (b) The governor shall appoint the chair and ten other members of such
37 commission, including one appointed on the recommendation of the chief
38 judge of the court of appeals, one appointed on the recommendation of
39 the speaker of the assembly, one appointed on the recommendation of the
40 temporary president of the senate, one appointed on the recommendation
41 of the minority leader of the senate, and one appointed on the recommen-
42 dation of the minority leader of the assembly. If any vacancy occurs it
43 shall be filled in the manner provided for the original appointment to
44 the vacated seat.
45 (c) No member of the commission shall be disqualified from holding any
46 public office or employment, nor shall he or she forfeit any such office
47 or employment, by reason of his or her appointment pursuant to this
48 section.
49 (d) The commission shall meet as often as its chair, or at least five
50 of its members, shall determine to be necessary. Six members shall
51 constitute a quorum, and except as otherwise provided in this section,
52 affirmative decisions of the commission shall require the concurrence of
53 seven members.
54 (e) The members of the commission shall serve without salary or other
55 compensation, but shall be entitled to receive actual and necessary
A. 3267 9
1 expenses incurred in the discharge of their duties pursuant to this
2 section.
3 (f) The commission shall review criminal or juvenile cases in which
4 the defendant or respondent was sentenced but subsequently exonerated.
5 The purpose of such review is to consider whether experience in such
6 cases provides useful information about possible reforms that could
7 enhance safeguards, make improvements in the way that law enforcement
8 agencies and the criminal justice system function, and protect against
9 future convictions of innocent persons. Such possible reforms may
10 include but are not limited to the areas of:
11 (1) investigative techniques that led to the arrest, identification,
12 and conviction of the innocent persons;
13 (2) issues relating to false confessions, including whether the
14 recording of interrogations should be mandated;
15 (3) trial processes and procedures that may have contributed to
16 convictions of innocent persons;
17 (4) any conduct of prosecutors, defense counsels, or courts that may
18 have contributed to convictions of innocent persons;
19 (5) issues relating to the provision of counsel to indigent defend-
20 ants, including whether counsel are adequately trained, compensated, and
21 provided with appropriate resources for investigations; and
22 (6) failures in the appellate or post-conviction process that resulted
23 in wrongful convictions not being discovered or corrected at an earlier
24 time.
25 (g) The commissioner of criminal justice services shall identify cases
26 in which convictions were set aside and it appears reasonably likely
27 that the person convicted was innocent of the crimes charged, and it
28 shall submit summaries of such cases to the commission. The commissioner
29 of criminal justice services shall seek to submit at least all such
30 cases in which exoneration resulted from DNA evidence, and all such
31 cases in which there was an exoneration within five years prior to the
32 effective date of this act. The commission of exoneration review shall
33 conduct an initial review of each case submitted by the commissioner of
34 criminal justice services, and may also choose to conduct initial
35 reviews of other cases. As to each case, the commission shall decide
36 whether such case warrants detailed review in that (1) it appears highly
37 likely that the person convicted was actually innocent of the crimes
38 charged, and (2) there appear to be features of the case that may
39 provide useful information without possible reforms.
40 (h) When the commission for exoneration review decides that a case
41 warrants detailed review, the commissioner of criminal justice services
42 shall compile records and other information relating to that case, and
43 may solicit comments or analyses by experts in relevant fields.
44 Notwithstanding any other provision of law, the commissioner of criminal
45 justice services may request and shall receive from any court, depart-
46 ment, division, board, bureau, commission or other agency of the state
47 or political subdivision thereof, or any public authority, such assist-
48 ance, records and data as will enable it effectively to carry out its
49 duties. The commissioner of criminal justice services shall submit such
50 records, information, comments, and analyses to the commission of exon-
51 eration review. Confidential and sensitive material, such as certain
52 information relating to victims and confidential informants, may be
53 redacted as appropriate. The commission for exoneration review may
54 conduct its detailed review on the basis of the materials submitted, or
55 it may request the commissioner of criminal justice services to compile
56 and submit further specified kinds of information about the case.
A. 3267 10
1 (i) The commission for exoneration review shall make available an
2 annual report detailing, at a minimum, the number of cases submitted by
3 the commissioner of criminal justice services, the number of cases
4 chosen for detailed review, and the number of detailed reviews
5 completed. The report shall include any findings of fact and recommenda-
6 tions for reform that may have been adopted by the commission since its
7 last report. Recommendations that are not adopted by the commission but
8 obtain the concurrence of at least four members shall be included in the
9 annual report as proposals for consideration. In addition to the annual
10 report, the commission may decide to issue other reports containing
11 findings of fact and/or recommendations for reform. All reports issued
12 by the commission shall be made available to the public and delivered to
13 the governor, the chief judge of the court of appeals, the temporary
14 president of the senate, and the speaker of the assembly.
15 S 15. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
16 procedure law, as amended by chapter 169 of the laws of 1994, is amended
17 to read as follows:
18 (d) such records shall be made available to the person accused or to
19 such person's designated agent, and shall be made available to (i) a
20 prosecutor in any proceeding in which the accused has moved for an order
21 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
22 enforcement agency upon ex parte motion in any superior court, if such
23 agency demonstrates to the satisfaction of the court that justice
24 requires that such records be made available to it, or (iii) any state
25 or local officer or agency with responsibility for the issuance of
26 licenses to possess guns, when the accused has made application for such
27 a license, or (iv) the New York state division of parole when the
28 accused is on parole supervision as a result of conditional release or a
29 parole release granted by the New York state board of parole, and the
30 arrest which is the subject of the inquiry is one which occurred while
31 the accused was under such supervision, or (v) any prospective employer
32 of a police officer or peace officer as those terms are defined in
33 subdivisions thirty-three and thirty-four of section 1.20 of this chap-
34 ter, in relation to an application for employment as a police officer or
35 peace officer; provided, however, that every person who is an applicant
36 for the position of police officer or peace officer shall be furnished
37 with a copy of all records obtained under this paragraph and afforded an
38 opportunity to make an explanation thereto, or (vi) the probation
39 department responsible for supervision of the accused when the arrest
40 which is the subject of the inquiry is one which occurred while the
41 accused was under such supervision, OR (VII) THE COMMISSION FOR EXONERA-
42 TION REVIEW; and
43 S 16. Subdivision 4 of section 190.25 of the criminal procedure law is
44 amended by adding a new paragraph (c) to read as follows:
45 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL GRAND JURY TESTI-
46 MONY, EVIDENCE, DECISIONS, RESULTS AND OTHER MATTERS ATTENDING A GRAND
47 JURY PROCEEDING SHALL BE DISCLOSED TO THE COMMISSION FOR EXONERATION
48 REVIEW, UPON ITS REQUEST, IN CONNECTION WITH AN INQUIRY BY SUCH COMMIS-
49 SION INTO A WRONGFUL CONVICTION RELATED TO SUCH GRAND JURY PROCEEDING.
50 S 17. Section 240.40 of the criminal procedure law is amended by
51 adding a new subdivision 1-a to read as follows:
52 1-A. UPON MOTION OF A DEFENDANT AGAINST WHOM AN INDICTMENT OR SUPERIOR
53 COURT INFORMATION IS PENDING, THE COURT IN WHICH SUCH ACCUSATORY INSTRU-
54 MENT IS PENDING MAY ORDER A COMPARISON OF A DNA PROFILE DERIVED FROM
55 EVIDENCE RECOVERED BY LAW ENFORCEMENT TO THE DEFENDANT'S DNA OR TO A DNA
56 DATABANK UPON A SHOWING BY THE DEFENDANT THAT SUCH COMPARISON IS MATERI-
A. 3267 11
1 AL TO THE PREPARATION OF A DEFENSE, AND THAT THE REQUEST IS REASONABLE,
2 PROVIDED THAT THE COURT SHALL NOT DO SO IF IT IS SATISFIED THAT THE
3 PEOPLE HAVE SHOWN GOOD CAUSE WHY SUCH AN ORDER SHOULD NOT BE ISSUED. IF
4 THE MOTION OF THE DEFENDANT IS FOR COMPARISON OF A GIVEN PROFILE DERIVED
5 FROM DNA EVIDENCE TO A DNA DATABANK, THE COURT MAY DIRECT A STATE OR
6 LOCAL PUBLIC FORENSIC LABORATORY TO ARRANGE FOR SUCH PROFILE TO BE
7 ENTERED INTO AND SEARCHED AGAINST LOCAL, STATE, AND FEDERAL DNA DATA-
8 BANKS TO THE EXTENT, AND IN A MANNER, CONSISTENT WITH FEDERAL AND STATE
9 LAWS AND REGULATIONS GOVERNING SUCH DATABANKS, INCLUDING REQUIREMENTS AS
10 TO HOW PROFILES FOR FORENSIC DNA ANALYSIS MUST BE GENERATED, AND
11 REQUIREMENTS FOR SEARCHING AND STORAGE IN THE DATABANK IN QUESTION. IF
12 SUCH A DATABANK SEARCH REVEALS THAT THE DNA DERIVED FROM EVIDENCE RECOV-
13 ERED BY LAW ENFORCEMENT MATCHES A PROFILE IN THE DATABANK, THE DEFENDANT
14 SHALL BE NOTIFIED OF THE FACT THAT THERE WAS A MATCH WITH SOME SUCH
15 PROFILE, AND THE COURT SHALL GRANT REASONABLE ADJOURNMENTS SO AS TO
16 ALLOW THE PEOPLE TO PURSUE APPROPRIATE INVESTIGATIVE STEPS. NOTHING IN
17 THIS ARTICLE SHALL BE DEEMED TO ALLOW A DEFENDANT TO OBTAIN AN ORDER
18 REQUIRING COLLECTION OF A DNA SAMPLE FROM ANY OTHER PERSON.
19 S 18. Paragraph (a) of subdivision 1-a of section 440.30 of the crimi-
20 nal procedure law, as amended by chapter 138 of the laws of 2004, is
21 amended and a new paragraph (c) is added to read as follows:
22 (a) Where the defendant's motion requests the performance of a foren-
23 sic DNA test on specified evidence, and upon the court's determination
24 that any evidence containing deoxyribonucleic acid ("DNA") was secured
25 in connection with the [trial] PROCEEDINGS resulting in the judgment,
26 the court shall grant the application for forensic DNA testing of such
27 evidence upon its determination that if a DNA test had been conducted on
28 such evidence, and if the results had been admitted in the trial result-
29 ing in the judgment, there exists a reasonable probability that the
30 verdict would have been more favorable to the defendant. IN THE CASE OF
31 A DEFENDANT CONVICTED UPON A PLEA OF GUILTY, THE COURT SHALL GRANT THE
32 APPLICATION ONLY UPON ITS DETERMINATION THAT IF THE RESULTS HAD BEEN
33 AVAILABLE TO THE DEFENDANT, THERE EXISTS A REASONABLE PROBABILITY THAT
34 THE DEFENDANT WOULD NOT HAVE BEEN CONVICTED BY PLEA OF GUILTY OR OTHER-
35 WISE, AND IN MAKING THAT DETERMINATION, THE COURT MAY CONSIDER, AMONG
36 OTHER RELEVANT INFORMATION, THE PROCEEDINGS IN CONNECTION WITH THE
37 DEFENDANT'S PLEA OF GUILTY.
38 (C) IN ADDITION TO REQUESTING THE PERFORMANCE OF A FORENSIC DNA TEST
39 OF SPECIFIED EVIDENCE, AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
40 SION, THE DEFENDANT MAY ALSO MOVE FOR A COMPARISON OF A DNA PROFILE
41 DERIVED FROM SPECIFIED EVIDENCE RECOVERED BY LAW ENFORCEMENT TO A DNA
42 DATABANK. IN DECIDING WHETHER TO GRANT A MOTION FOR SUCH COMPARISON,
43 THE COURT MAY CONSIDER WHETHER THE DEFENDANT HAD THE OPPORTUNITY TO MOVE
44 FOR SUCH A COMPARISON PURSUANT TO SUBDIVISION ONE-A OF SECTION 240.40 OF
45 THIS CHAPTER, BUT UNJUSTIFIABLY FAILED TO DO SO. IF THE COURT GRANTS THE
46 MOTION FOR SUCH A COMPARISON, IT MAY DIRECT A STATE OR LOCAL PUBLIC
47 FORENSIC LABORATORY TO ARRANGE FOR SUCH PROFILE TO BE ENTERED INTO AND
48 SEARCHED AGAINST LOCAL, STATE, AND FEDERAL DNA DATABANKS TO THE EXTENT,
49 AND IN A MANNER, CONSISTENT WITH FEDERAL AND STATE LAWS AND REGULATIONS
50 GOVERNING SUCH DATABANKS, INCLUDING REQUIREMENTS AS TO HOW PROFILES FOR
51 FORENSIC DNA ANALYSIS MUST BE GENERATED, AND REQUIREMENTS FOR SEARCHING
52 AND STORAGE IN THE DATABANK IN QUESTION. IF SUCH A DATABANK SEARCH
53 REVEALS THAT THE DNA DERIVED FROM EVIDENCE RECOVERED BY LAW ENFORCEMENT
54 MATCHES A PROFILE IN THE DATABANK, THE DEFENDANT SHALL BE NOTIFIED OF
55 THE FACT THAT THERE WAS A MATCH WITH SOME SUCH PROFILE, AND THE COURT
56 SHALL GRANT REASONABLE ADJOURNMENTS SO AS TO ALLOW THE PEOPLE TO PURSUE
A. 3267 12
1 APPROPRIATE INVESTIGATIVE STEPS. NOTHING IN THIS ARTICLE SHALL BE
2 DEEMED TO ALLOW A DEFENDANT TO OBTAIN AN ORDER REQUIRING COLLECTION OF A
3 DNA SAMPLE FROM ANY OTHER PERSON.
4 S 19. Section 65.10 of the penal law is amended by adding a new subdi-
5 vision 4-b to read as follows:
6 4-B. MANDATORY CONDITION FOR DNA DESIGNATED OFFENDERS. WHEN IMPOSING A
7 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE UPON A PERSON CONVICTED
8 OF AN OFFENSE DEFINED IN SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINE-
9 TY-FIVE OF THE EXECUTIVE LAW, THE COURT SHALL REQUIRE, AS A MANDATORY
10 CONDITION OF SUCH SENTENCE, THAT SUCH PERSON PROVIDE A DNA SAMPLE AS
11 REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW.
12 S 20. Paragraph (b) of subdivision 3 and paragraph (b) of subdivision
13 5 of section 8-b of the court of claims act, as added by chapter 1009 of
14 the laws of 1984, are amended to read as follows:
15 (b) (i) he has been pardoned upon the ground of innocence of the crime
16 or crimes for which he was sentenced and which are the grounds for the
17 complaint; or (ii) his judgment of conviction was reversed or vacated,
18 and the accusatory instrument dismissed or, if a new trial was ordered,
19 either he was found not guilty at the new trial or he was not retried
20 and the accusatory instrument dismissed; provided that the judgement of
21 conviction was reversed or vacated, and the accusatory instrument was
22 dismissed, on any of the following grounds: (A) paragraph [(a),] (b),
23 (c), [(e)] or (g) of subdivision one of section 440.10 of the criminal
24 procedure law; or (B) subdivision one (where based upon grounds set
25 forth in item (A) [hereof] OF THIS SUBPARAGRAPH), two, three (where the
26 count dismissed was the sole basis for the imprisonment complained of)
27 or five of section 470.20 of the criminal procedure law; or (C) compara-
28 ble provisions of the former code of criminal procedure or subsequent
29 law; or (D) the statute, or application thereof, on which the accusatory
30 instrument was based violated the constitution of the United States or
31 the state of New York; OR (E) THE CLAIMANT'S CONVICTION WAS VACATED
32 UNDER ANOTHER SECTION OF LAW NOT ENUMERATED IN THIS PARAGRAPH, BUT WHOSE
33 APPLICATION TO CLAIMANT'S CONVICTION INVOLVED FACTS AND CIRCUMSTANCES
34 THAT DIRECTLY SUPPORT CLAIMANT'S ASSERTION OF INNOCENCE; AND PROVIDED
35 THAT, IN CASES WHERE THE CONVICTION MAY HAVE BEEN VACATED ON MORE THAN
36 ONE GROUND, INCLUDING ONE OF THE GROUNDS ENUMERATED IN THIS PARAGRAPH,
37 THE COURT OF CLAIMS SHALL NOT BE BOUND BY A DECISION OF THE CRIMINAL
38 COURT VACATING THE CONVICTION BASED ONLY ON A GROUND NOT ENUMERATED IN
39 THIS PARAGRAPH; and
40 (b) (i) he has been pardoned upon the ground of innocence of the crime
41 or crimes for which he was sentenced and which are the grounds for the
42 complaint; or (ii) his judgment of conviction was reversed or vacated,
43 and the accusatory instrument dismissed or, if a new trial was ordered,
44 either he was found not guilty at the new trial or he was not retried
45 and the accusatory instrument dismissed; provided that the judgement of
46 conviction was reversed or vacated, and the accusatory instrument was
47 dismissed, on any of the following grounds: (A) paragraph [(a),] (b),
48 (c), [(e)] or (g) of subdivision one of section 440.10 of the criminal
49 procedure law; or (B) subdivision one (where based upon grounds set
50 forth in item (A) [hereof] OF THIS SUBPARAGRAPH), two, three (where the
51 count dismissed was the sole basis for the imprisonment complained of)
52 or five of section 470.20 of the criminal procedure law; or (C) compara-
53 ble provisions of the former code of criminal procedure or subsequent
54 law; or (D) the statute, or application thereof, on which the accusatory
55 instrument was based violated the constitution of the United States or
56 the state of New York; OR (E) THE CLAIMANT'S CONVICTION WAS VACATED
A. 3267 13
1 UNDER ANOTHER SECTION OF LAW NOT ENUMERATED IN THIS PARAGRAPH, BUT WHOSE
2 APPLICATION TO CLAIMANT'S CONVICTION INVOLVED FACTS AND CIRCUMSTANCES
3 THAT DIRECTLY SUPPORT CLAIMANT'S ASSERTION OF INNOCENCE; AND PROVIDED
4 THAT, IN CASES WHERE THE CONVICTION MAY HAVE BEEN VACATED ON MORE THAN
5 ONE GROUND, INCLUDING ONE OF THE GROUNDS ENUMERATED IN THIS PARAGRAPH,
6 THE COURT OF CLAIMS SHALL NOT BE BOUND BY A DECISION OF THE CRIMINAL
7 COURT VACATING THE CONVICTION BASED ONLY ON A GROUND NOT ENUMERATED IN
8 THIS PARAGRAPH; and
9 S 21. This act shall take effect November 1, 2011; provided that:
10 (a) the amendments to article 49-B of the executive law, made by
11 sections one and two of this act, and the amendments to the criminal
12 procedure law, made by sections six, seven, eight, nine, ten, eleven,
13 twelve and thirteen of this act, shall apply to designated offenses
14 committed on or after the effective date of this act; and to designated
15 offenses committed prior to such effective date where either the crimi-
16 nal proceeding arising out of the commission of such offense is pending
17 on the effective date of this act or the service of the sentence imposed
18 upon conviction of the designated offense has not been completed prior
19 to such effective date; and to any person adjudicated a youthful offen-
20 der for the commission of a designated offense committed prior to the
21 effective date of this act where service of the sentence imposed upon
22 adjudication as a youthful offender has not been completed prior to such
23 effective date; and to any person required to register as a sex offender
24 pursuant to article 6-C of the correction law on or after the effective
25 date of this act; and
26 (b) sections fourteen, fifteen and sixteen of this act shall take
27 effect April 1, 2012, and shall expire and be deemed repealed September
28 1, 2015.
