Bill Text: NY A07292 | 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 unidentified dead or alive and missing persons 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.

Sponsorship: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A07292 Detail]

Download: New_York-2011-A07292-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7292
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2011
                                      ___________
       Introduced  by  M. of A. REILLY, GALEF, AUBRY, MARKEY, GUNTHER -- Multi-
         Sponsored by -- M. of A. ABBATE, FARRELL, GABRYSZAK, HOOPER, P. LOPEZ,
         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. 7292                             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.