Bill Text: NY A03379 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes that no person who has previously provided a DNA sample shall be required to pay a DNA databank fee for his or her conviction for a subsequent designated offense unless such sample has been expunged.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03379 Detail]

Download: New_York-2013-A03379-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3379
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2013
                                      ___________
       Introduced  by  M.  of  A.  AUBRY  --  Multi-Sponsored  by  --  M. of A.
         BROOK-KRASNY, COOK, GOTTFRIED -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal  law,  in  relation  to  establishing  certain
         persons  shall  not  be  required  to  pay  a DNA databank fee for the
         conviction of a subsequent designated offense
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 1 of
    2  section 60.35 of the penal law, as amended by section 1  of  part  E  of
    3  chapter 56 of the laws of 2004, is amended to read as follows:
    4    (v)  a person convicted of a designated offense as defined by subdivi-
    5  sion seven of section nine hundred  ninety-five  of  the  executive  law
    6  shall,  in addition to a mandatory surcharge and crime victim assistance
    7  fee, pay a DNA databank fee of fifty dollars, PROVIDED HOWEVER  THAT  NO
    8  PERSON WHO HAS PREVIOUSLY PROVIDED A DNA SAMPLE PURSUANT TO SECTION NINE
    9  HUNDRED  NINETY-FIVE-C  OF  THE EXECUTIVE LAW SHALL BE REQUIRED TO PAY A
   10  DNA DATABANK FEE FOR THE CONVICTION OF A SUBSEQUENT  DESIGNATED  OFFENSE
   11  UNLESS SUCH SAMPLE HAS BEEN EXPUNGED PURSUANT TO PARAGRAPH (A) OF SUBDI-
   12  VISION NINE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06000-01-3