Bill Text: NY A06944 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes DNA testing in certain additional circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06944 Detail]
Download: New_York-2019-A06944-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6944 2019-2020 Regular Sessions IN ASSEMBLY March 27, 2019 ___________ 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. Subparagraph 1 of paragraph (a) of subdivision 1-a of 2 section 440.30 of the criminal procedure law, as amended by chapter 19 3 of the laws of 2012, is amended to read as follows: 4 (1) 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 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10332-01-9
