Bill Text: NY A05166 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires county medical examiners or coroners to give the state police forensic laboratory DNA samples of deceased persons or unidentified body parts upon request for the purpose of classification and for the state police to forward the samples to the state division of criminal justice services for the purpose of comparison to attempt to determine identity and for the purpose of filing; also provides for the forwarding of records to the National Crime Information Center upon such center adopting a policy to accept such records.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05166 Detail]

Download: New_York-2011-A05166-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5166
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAYERSOHN,  GALEF, AUBRY, MARKEY, GUNTHER --
         Multi-Sponsored by -- M.  of A. ABBATE,  FARRELL,  GABRYSZAK,  HOOPER,
         P. LOPEZ,  McDONOUGH,  McENENY, NOLAN, ORTIZ, PHEFFER -- read once and
         referred to the Committee on Governmental Operations
       AN ACT to amend the executive law, in  relation  to  the  classification
         procedure  and  use  of  DNA samples to identify unidentified dead and
         missing persons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 838 of the executive law, as added
    2  by chapter 670 of the laws of 1982, is amended to read as follows:
    3    1.  Every  county medical examiner and coroner shall furnish the divi-
    4  sion promptly with copies of fingerprints on standardized eight inch  by
    5  eight  inch  fingerprint  cards, SHALL FURNISH THE NEW YORK STATE POLICE
    6  FORENSIC LABORATORY PROMPTLY WITH DNA SAMPLES  OF  DECEASED  PERSONS  OR
    7  UNIDENTIFIED  BODY  PARTS,  FOR  THE  PURPOSE  OF  CLASSIFICATION, WHICH
    8  SAMPLES SHALL THEN BE FORWARDED BY THE STATE POLICE FORENSIC  LABORATORY
    9  TO  THE  DIVISION  FOR  THE  PURPOSE OF COMPARISON AND FILING, AND SHALL
   10  FURNISH THE DIVISION PROMPTLY WITH personal descriptions and other iden-
   11  tifying data, including date and place of death, of all deceased persons
   12  whose deaths are in a classification requiring inquiry  by  the  coroner
   13  where  the deceased is not identified or the medical examiner or coroner
   14  is not satisfied with the decedent's identification.  THE DIVISION SHALL
   15  FORWARD SUCH RECORDS REGARDING SUCH  DECEASED  PERSONS  OR  UNIDENTIFIED
   16  BODY  PARTS  TO  THE  NATIONAL CRIME INFORMATION CENTER UPON SUCH CENTER
   17  ADOPTING A POLICY TO ACCEPT SUCH RECORDS.
   18    S 2. Subdivision 4 of section 838 of the executive law,  as  added  by
   19  chapter 670 of the laws of 1982, is amended to read as follows:
   20    4.  The  division  shall  compare  the  fingerprints  AND  DNA SAMPLES
   21  received from the county medical examiners or coroners  to  fingerprints
   22  AND DNA BAND PATTERNS on file with the division for purposes of attempt-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08639-01-1
       A. 5166                             2
    1  ing  to  determine  the identity of the deceased. Other descriptive data
    2  supplied with the fingerprints shall also be compared to  records  main-
    3  tained  by  the  division concerning missing persons. The division shall
    4  submit the results of the comparisons to the appropriate medical examin-
    5  er  or coroner and if a tentative or positive identification is made, to
    6  the law enforcement authority which submitted the report of the  missing
    7  person.
    8    S  3.  Section  995-d  of the executive law is amended by adding a new
    9  subdivision 3 to read as follows:
   10    3. ALL RECORDS, FINDINGS, REPORTS AND RESULTS OF DNA TESTING PERFORMED
   11  PURSUANT  TO  SUBDIVISION  ONE  OR  FOUR  OF   SECTION   EIGHT   HUNDRED
   12  THIRTY-EIGHT  OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS OF THIS
   13  SECTION, AND SHALL BE TREATED IN A MANNER CONSISTENT  WITH  SUBDIVISIONS
   14  FIVE, SIX, SEVEN AND EIGHT OF SECTION NINE HUNDRED NINETY-FIVE-C OF THIS
   15  ARTICLE.
   16    S  4.  This  act  shall take effect on the first of the calendar month
   17  next succeeding the sixtieth day after it shall have become a law.