Bill Text: NY A03948 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides that people arrested in connection with a felony must submit a DNA sample.
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A03948 Detail]
Download: New_York-2015-A03948-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3948
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. MORELLE, ORTIZ, ROBINSON, COOK, CUSICK, GUNTHER,
GALEF, TITONE, CYMBROWITZ, MAGNARELLI, KOLB -- Multi-Sponsored by --
M. of A. ARROYO, LAVINE, LUPARDO, MAGEE, MARKEY, McDONOUGH, MILLER,
PERRY, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the executive law and the criminal procedure law, in
relation to requiring individuals arrested in connection with a felony
to submit a DNA sample
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 995 of the executive law is amended by adding a new
2 subdivision 7-a to read as follows:
3 7-A. "FELONY ARRESTEE" MEANS A PERSON ARRESTED AND CHARGED WITH ANY
4 ONE OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE SUCH
5 ATTEMPT IS A FELONY OFFENSE, AS DEFINED IN THE PENAL LAW: SECTIONS
6 120.05, 120.06, 120.07, 120.10, 120.11 AND 120.12, RELATING TO ASSAULT;
7 SECTIONS 120.55 AND 120.60, RELATING TO STALKING; SECTION 120.70, RELAT-
8 ING TO LURING A CHILD; SECTIONS 125.15, 125.20, 125.21, 125.22, 125.25,
9 125.26 AND 125.27, RELATING TO HOMICIDE; SECTIONS 130.25, 130.30,
10 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.67, 130.70, 130.75,
11 130.80, 130.95 AND 130.96, RELATING TO SEX OFFENSES; SECTIONS 135.10,
12 135.20, 135.25 AND 135.35, RELATING TO KIDNAPPING AND LABOR TRAFFICKING;
13 SECTIONS 140.17, 140.20, 140.25 AND 140.30, RELATING TO BURGLARY;
14 SECTIONS 150.05, 150.10, 150.15 AND 150.20, RELATING TO ARSON; SECTIONS
15 155.30, 155.35, 155.40 AND 155.42, RELATING TO GRAND LARCENY; SECTIONS
16 160.05, 160.10 AND 160.15, RELATING TO ROBBERY; SECTION 230.34 RELATING
17 TO SEX TRAFFICKING; SECTIONS 235.21 AND 235.22, RELATING TO DISSEM-
18 INATION OF INDECENT MATERIAL TO MINORS; SECTIONS 250.45 AND 250.50,
19 RELATING TO UNLAWFUL SURVEILLANCE; SECTIONS 255.25, 255.26, AND 255.27,
20 RELATING TO INCEST; SECTIONS 263.05, 263.10, 263.11, 263.15, 263.16, AND
21 263.30, RELATING TO SEXUAL PERFORMANCE BY A CHILD; OR SECTIONS 265.02,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04739-01-5
A. 3948 2
1 265.03, 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14 AND
2 265.16, RELATING TO FIREARMS AND OTHER DANGEROUS WEAPONS.
3 S 2. Subdivision 3 of section 995-c of the executive law is amended by
4 adding four new paragraphs (c), (d), (e) and (f) to read as follows:
5 (C) A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE APPROPRI-
6 ATE FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY ARRESTEE
7 HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN-
8 TIFICATION INDEX.
9 (D) A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR FELONY
10 ARRESTEE WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED SHALL
11 SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER
12 WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
13 (E) THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
14 UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX SHALL
15 NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
16 NAL JUSTICE SERVICES INADVERTENTLY, BUT IN GOOD FAITH, COLLECTED OR
17 PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
18 (F) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL PROMULGATE
19 RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI-
20 CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES
21 THAT SHOULD NOT BE IN THE INDEX, INCLUDING THE STEPS NECESSARY TO
22 EXPUNGE ANY PROFILES WHICH THE DIVISION OF CRIMINAL JUSTICE SERVICES
23 DETERMINES SHOULD NOT BE IN THE INDEX.
24 S 3. Subdivision 9 of section 995-c of the executive law, as amended
25 by chapter 524 of the laws of 2002, is amended to read as follows:
26 9. (a) Upon receipt of notification of a reversal or a vacatur of a
27 conviction, or of the granting of a pardon pursuant to article two-A of
28 this chapter, of an individual whose DNA record has been stored in the
29 state DNA identification index in accordance with this article by the
30 division of criminal justice services, the DNA record shall be expunged
31 from the state DNA identification index, and such individual may apply
32 to the court in which the judgment of conviction was originally entered
33 for an order directing the expungement of any DNA record and any
34 samples, analyses, or other documents relating to the DNA testing of
35 such individual in connection with the investigation or prosecution of
36 the crime which resulted in the conviction that was reversed or vacated
37 or for which the pardon was granted. A copy of such application shall be
38 served on the district attorney and an order directing expungement may
39 be granted if the court finds that all appeals relating to the
40 conviction have been concluded; that such individual will not be
41 retried, or, if a retrial has occurred, the trier of fact has rendered a
42 verdict of complete acquittal, and that expungement will not adversely
43 affect the investigation or prosecution of some other person or persons
44 for the crime. The division shall, by rule or regulation, prescribe
45 procedures to ensure that the DNA record in the state DNA identification
46 index, and any samples, analyses, or other documents relating to such
47 record, whether in the possession of the division, or any law enforce-
48 ment or police agency, or any forensic DNA laboratory, including any
49 duplicates or copies thereof, at the discretion of the possessor there-
50 of, are either destroyed or returned to such individual, or to the
51 attorney who represented him or her at the time such reversal, vacatur
52 or pardon, was granted. The commissioner shall also adopt by rule and
53 regulation a procedure for the expungement in other appropriate circum-
54 stances of DNA records contained in the index.
55 (b) As prescribed in this paragraph, if an individual, either volun-
56 tarily, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION,
A. 3948 3
1 or pursuant to a warrant or order of a court, has provided a sample for
2 DNA testing in connection with the investigation, ARREST or prosecution
3 of a crime and (i) no criminal action against the individual relating to
4 such crime was commenced within the period specified by section 30.10 of
5 the criminal procedure law, or (ii) a criminal action was commenced
6 against the individual relating to such crime which resulted in a
7 complete acquittal, or (iii) a criminal action WAS COMMENCED against the
8 individual relating to such crime [resulted in a conviction that was
9 subsequently reversed or vacated, or for which the individual was grant-
10 ed a pardon pursuant to article two-A of this chapter, such individual
11 may apply to the supreme court or the court in which the judgment of
12 conviction was originally entered for an order directing the expungement
13 of any DNA record and any samples, analyses, or other documents relating
14 to the DNA testing of such individual in connection with the investi-
15 gation or prosecution of such crime. A copy of such application shall be
16 served on the district attorney and an order directing expungement may
17 be granted if the court finds that the individual has satisfied the
18 conditions of one of the subparagraphs of this paragraph; that if a
19 judgment of conviction was reversed or vacated, all appeals relating
20 thereto have been concluded and the individual will not be retried, or,
21 if a retrial has occurred, the trier of fact has rendered a verdict of
22 complete acquittal, and that expungement will not adversely affect the
23 investigation or prosecution of some other person or persons for the
24 crime. If an order directing the expungement of any DNA record and any
25 samples, analyses or other documents relating to the DNA testing of such
26 individual is issued] WHICH WAS RESOLVED BY A DISMISSAL, SUCCESSFUL
27 COMPLETION OF A PRE-PROSECUTION DIVERSION PROGRAM, OR CONDITIONAL
28 DISCHARGE OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA COLLECTION
29 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE DNA
30 RECORD SHALL BE EXPUNGED FROM THE STATE DNA IDENTIFICATION INDEX. AN
31 INDIVIDUAL MAY REQUEST EXPUNGEMENT OF ANY DNA RECORD AND ANY SAMPLES,
32 ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID-
33 UAL BY PROVIDING THE FOLLOWING MATERIALS TO THE DIVISION OF CRIMINAL
34 JUSTICE SERVICES:
35 (1) A WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND DNA RECORDS;
36 AND
37 (2) A CERTIFIED COPY OF THE DISMISSAL, SUCCESSFUL COMPLETION OF A
38 PRE-PROSECUTION DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE, MISDEMEA-
39 NOR CONVICTION OR ACQUITTAL; AND
40 (3) A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH JURIS-
41 DICTION OVER THE MATTER THAT: THE CASE WAS DISMISSED; A PRE-PROSECUTION
42 DIVERSION PROGRAM OR CONDITIONAL DISCHARGE, MISDEMEANOR CONVICTION
43 EXCLUDED FROM DNA COLLECTION PURSUANT TO SECTION NINE HUNDRED
44 NINETY-FIVE OF THIS ARTICLE OR ACQUITTAL OCCURRED; NO FELONY CHARGES
45 AROSE OUT OF THE ARREST; OR NO CRIMINAL ACTION AGAINST THE INDIVIDUAL
46 RELATING TO SUCH CRIME WAS COMMENCED WITHIN THE PERIOD SPECIFIED BY
47 SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW; AND THAT EXPUNGEMENT WILL
48 NOT ADVERSELY AFFECT THE INVESTIGATION OR PROSECUTION OF SOME OTHER
49 PERSON OR PERSONS FOR THE CRIME.
50 (C) IF EXPUNGEMENT IS WARRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF
51 THIS SUBDIVISION, such record and any samples, analyses, or other docu-
52 ments shall, at the discretion of the possessor thereof, be destroyed or
53 returned to such individual or to the attorney who represented him or
54 her IN THE CRIMINAL ACTION OR in connection with the [application for
55 the order of] REQUEST FOR expungement.
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1 (D) NO EXPUNGEMENT SHALL BE GRANTED WHERE AN INDIVIDUAL HAS A PRIOR
2 CONVICTION REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR WHICH
3 COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA-
4 GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
5 S 4. Subdivision 6 of section 120.90 of the criminal procedure law, as
6 amended by chapter 424 of the laws of 1998, is amended to read as
7 follows:
8 6. Before bringing a defendant arrested pursuant to a warrant before
9 the local criminal court in which such warrant is returnable, a police
10 officer must without unnecessary delay perform all fingerprinting and
11 other preliminary police duties required in the particular case. In any
12 case in which the defendant is not brought by a police officer before
13 such court but, following his arrest in another county for an offense
14 specified in subdivision one of section 160.10 OF THIS TITLE, is
15 released by a local criminal court of such other county on his own
16 recognizance or on bail for his appearance on a specified date before
17 the local criminal court before which the warrant is returnable, the
18 latter court must, upon arraignment of the defendant before it, direct
19 that he be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
20 TAKEN, IF REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE
21 EXECUTIVE LAW, by the appropriate officer or agency, and that he appear
22 at an appropriate designated time and place for such purpose.
23 S 5. Section 130.60 of the criminal procedure law, as amended by chap-
24 ter 95 of the laws of 1991, subdivision 1 as amended by chapter 446 of
25 the laws of 1993, is amended to read as follows:
26 S 130.60 Summons; fingerprinting of defendant.
27 1. Upon the arraignment of a defendant whose court attendance has been
28 secured by the issuance and service of a summons, based upon an indict-
29 ment, a prosecutor's information or upon an information, felony
30 complaint or misdemeanor complaint filed by a complainant who is a
31 police officer, the court must, if an offense charged in the accusatory
32 instrument is one specified in subdivision one of section 160.10 OF THIS
33 TITLE, direct that the defendant be fingerprinted by the appropriate
34 police officer or agency, and that he or she appear at an appropriate
35 designated time and place for such purpose. IF AN OFFENSE CHARGED IN
36 THE ACCUSATORY INSTRUMENT IS ONE SPECIFIED IN SUBDIVISION SEVEN-A OF
37 SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW, THE COURT MUST
38 DIRECT THAT A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND THAT HE
39 OR SHE APPEAR AT AN APPROPRIATE DESIGNATED TIME AND PLACE FOR SUCH
40 PURPOSE.
41 2. Upon the arraignment of a defendant whose court attendance has been
42 secured by the issuance and service of a summons based upon an informa-
43 tion or misdemeanor complaint filed by a complainant who is not a police
44 officer, and who has not previously been fingerprinted OR FROM WHOM A
45 DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN AND WAS REQUIRED PURSUANT TO
46 SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court may,
47 if it finds reasonable cause to believe that the defendant has committed
48 an offense specified in subdivision one of section 160.10 OF THIS TITLE,
49 direct that the defendant be fingerprinted AND/OR HAVE A SAMPLE APPRO-
50 PRIATE FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINE-
51 TY-FIVE-C OF THE EXECUTIVE LAW, by the appropriate police officer or
52 agency and that he appear at an appropriate designated time and place
53 for such purpose. A defendant whose court appearance has been secured by
54 the issuance and service of a criminal summons based upon a misdemeanor
55 complaint or information filed by a complainant who is not a police
56 officer, must be directed by the court, upon conviction of the defend-
A. 3948 5
1 ant, to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
2 TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECU-
3 TIVE LAW, by the appropriate police officer or agency and the court must
4 also direct that the defendant appear at an appropriate designated time
5 and place for such purpose, if the defendant is convicted of any offense
6 specified in subdivision one of section 160.10 OF THIS TITLE.
7 S 6. Subdivision 5 of section 140.20 of the criminal procedure law, as
8 amended by chapter 762 of the laws of 1971, is amended to read as
9 follows:
10 5. Before service of an appearance ticket upon an arrested person
11 pursuant to subdivision two or three OF THIS SECTION, the issuing police
12 officer must, if the offense designated in such appearance ticket is one
13 of those specified in subdivision one of section 160.10 OF THIS TITLE,
14 cause such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
15 DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF
16 THE EXECUTIVE LAW, in the same manner as would be required were no
17 appearance ticket to be issued or served.
18 S 7. Subdivision 2 of section 140.27 of the criminal procedure law, as
19 amended by chapter 843 of the laws of 1980, is amended to read as
20 follows:
21 2. Upon arresting a person without a warrant, a peace officer, except
22 as otherwise provided in subdivision three OF THIS SECTION, must without
23 unnecessary delay bring him or cause him to be brought before a local
24 criminal court, as provided in section 100.55 and subdivision one of
25 section 140.20 OF THIS TITLE, and must without unnecessary delay file or
26 cause to be filed therewith an appropriate accusatory instrument. If
27 the offense which is the subject of the arrest is one of those specified
28 in subdivision one of section 160.10 OF THIS TITLE, the arrested person
29 must be fingerprinted and photographed, AND HAVE A SAMPLE APPROPRIATE
30 FOR DNA TESTING TAKEN IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C
31 OF THE EXECUTIVE LAW, as therein provided. In order to execute the
32 required post-arrest functions, such arresting peace officer may perform
33 such functions himself or he may enlist the aid of a police officer for
34 the performance thereof in the manner provided in subdivision one of
35 section 140.20 OF THIS ARTICLE.
36 S 8. Section 150.70 of the criminal procedure law, as amended by chap-
37 ter 762 of the laws of 1971, is amended to read as follows:
38 S 150.70 Appearance ticket; fingerprinting AND DNA ANALYSIS SAMPLE of
39 defendant.
40 Upon the arraignment of a defendant who has not been arrested and
41 whose court attendance has been secured by the issuance and service of
42 an appearance ticket pursuant to subdivision one of section 150.20 OF
43 THIS ARTICLE, the court must, if an offense charged in the accusatory
44 instrument is one specified in subdivision one of section 160.10 OF THIS
45 TITLE, direct that the defendant be fingerprinted AND HAVE A SAMPLE
46 APPROPRIATE FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE HUNDRED
47 NINETY-FIVE-C OF THE EXECUTIVE LAW by the appropriate police officer or
48 agency, and that he appear at an appropriate designated time and place
49 for such purpose.
50 S 9. Section 160.20 of the criminal procedure law, as amended by chap-
51 ter 108 of the laws of 1973, is amended to read as follows:
52 S 160.20 Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
53 prints AND DNA ANALYSIS SAMPLE.
54 1. Upon the taking of fingerprints of an arrested person or defendant
55 as prescribed in section 160.10 OF THIS ARTICLE, the appropriate police
A. 3948 6
1 officer or agency must without unnecessary delay forward two copies of
2 such fingerprints to the division of criminal justice services.
3 2. UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE APPROPRIATE
4 POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD
5 SUCH DNA SAMPLE TO A FORENSIC DNA LABORATORY FOR FORENSIC DNA TESTING
6 AND ANALYSES, AND INCLUSION IN THE STATE DNA IDENTIFICATION INDEX IN
7 ACCORDANCE WITH SUBDIVISION FIVE OF SECTION NINE HUNDRED NINETY-FIVE-C
8 OF THE EXECUTIVE LAW.
9 S 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
10 criminal procedure law, paragraph (d) as amended by section 73 of
11 subpart B of part C of chapter 62 of the laws of 2011 and paragraph (e)
12 as amended by chapter 169 of the laws of 1994, are amended and a new
13 paragraph (f) is added to read as follows:
14 (d) such records shall be made available to the person accused or to
15 such person's designated agent, and shall be made available to (i) a
16 prosecutor in any proceeding in which the accused has moved for an order
17 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
18 enforcement agency upon ex parte motion in any superior court, if such
19 agency demonstrates to the satisfaction of the court that justice
20 requires that such records be made available to it, or (iii) any state
21 or local officer or agency with responsibility for the issuance of
22 licenses to possess guns, when the accused has made application for such
23 a license, or (iv) the [New York state] department of corrections and
24 community supervision when the accused is on parole supervision as a
25 result of conditional release or a parole release granted by the [New
26 York] state board of parole, and the arrest which is the subject of the
27 inquiry is one which occurred while the accused was under such super-
28 vision or (v) any prospective employer of a police officer or peace
29 officer as those terms are defined in subdivisions thirty-three and
30 thirty-four of section 1.20 of this chapter, in relation to an applica-
31 tion for employment as a police officer or peace officer; provided,
32 however, that every person who is an applicant for the position of
33 police officer or peace officer shall be furnished with a copy of all
34 records obtained under this paragraph and afforded an opportunity to
35 make an explanation thereto, or (vi) the probation department responsi-
36 ble for supervision of the accused when the arrest which is the subject
37 of the inquiry is one which occurred while the accused was under such
38 supervision; [and]
39 (e) where fingerprints subject to the provisions of this section have
40 been received by the division of criminal justice services and have been
41 filed by the division as digital images, such images may be retained,
42 provided that a fingerprint card of the individual is on file with the
43 division which was not sealed pursuant to this section or section 160.55
44 of this article[.]; AND
45 (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
46 ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND ANY
47 DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER DOCUMENTS
48 RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
49 ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
50 S 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
51 criminal procedure law, paragraph (d) as amended by section 74 of
52 subpart B of part C of chapter 62 of the laws of 2011 and paragraph (e)
53 as amended by chapter 169 of the laws of 1994, are amended and a new
54 paragraph (f) is added to read as follows:
55 (d) the records referred to in paragraph (c) of this subdivision shall
56 be made available to the person accused or to such person's designated
A. 3948 7
1 agent, and shall be made available to (i) a prosecutor in any proceeding
2 in which the accused has moved for an order pursuant to section 170.56
3 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
4 parte motion in any superior court, if such agency demonstrates to the
5 satisfaction of the court that justice requires that such records be
6 made available to it, or (iii) any state or local officer or agency with
7 responsibility for the issuance of licenses to possess guns, when the
8 accused has made application for such a license, or (iv) the [New York
9 state] department of corrections and community supervision when the
10 accused is under parole supervision as a result of conditional release
11 or parole release granted by the [New York] state board of parole and
12 the arrest which is the subject of the inquiry is one which occurred
13 while the accused was under such supervision, or (v) the probation
14 department responsible for supervision of the accused when the arrest
15 which is the subject of the inquiry is one which occurred while the
16 accused was under such supervision, or (vi) a police agency, probation
17 department, sheriff's office, district attorney's office, department of
18 correction of any municipality and parole department, for law enforce-
19 ment purposes, upon arrest in instances in which the individual stands
20 convicted of harassment in the second degree, as defined in section
21 240.26 of the penal law, committed against a member of the same family
22 or household as the defendant, as defined in subdivision one of section
23 530.11 of this chapter, and determined pursuant to subdivision eight-a
24 of section 170.10 of this title; [and]
25 (e) where fingerprints subject to the provisions of this section have
26 been received by the division of criminal justice services and have been
27 filed by the division as digital images, such images may be retained,
28 provided that a fingerprint card of the individual is on file with the
29 division which was not sealed pursuant to this section or section 160.50
30 of this article[.]; AND
31 (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
32 ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY DNA
33 RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER DOCUMENTS
34 RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
35 ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
36 S 12. This act shall take effect on the one hundred eightieth day
37 after it shall have become a law.
