Bill Text: NY S02857 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the collection of DNA samples of designated offenders, retention and confidentiality of DNA samples, collection and the preservation of biological evidence, and the establishment of the commission for exoneration review.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02857 Detail]
Download: New_York-2011-S02857-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2857
2011-2012 Regular Sessions
I N S E N A T E
February 2, 2011
___________
Introduced by Sens. DeFRANCISCO, GRIFFO, LARKIN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the executive law and the criminal procedure law, in
relation to collection of DNA samples from designated offenders; to
amend the executive law, in relation to collection and preservation of
biological evidence; to establish a commission for exoneration review;
to amend the criminal procedure law, in relation to access by defend-
ants to DNA evidence, and procedures for consideration of post-convic-
tion relief; to amend the penal law, in relation to conditions of
probation and conditional discharge; and to amend the court of claims
act, in relation to claims for unjust conviction and imprisonment; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 7 of section 995 of the executive law, as
2 amended by chapter 2 of the laws of 2006, paragraph (a) as separately
3 amended by chapter 320 of the laws of 2006 and paragraph (f) as amended
4 by chapter 405 of the laws of 2010, is amended to read as follows:
5 7. "Designated offender" means a person [convicted of and sentenced
6 for any one or more of the following provisions of the penal law (a)
7 sections 120.05, 120.10, and 120.11, relating to assault; sections
8 125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
9 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to
10 sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
11 escape and other offenses, where the offender has been convicted within
12 the previous five years of one of the other felonies specified in this
13 subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,
14 a violent felony offense as defined in subdivision one of section 70.02
15 of the penal law, attempted murder in the first degree, as defined in
16 section 110.00 and section 125.27 of the penal law, kidnapping in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03787-01-1
S. 2857 2
1 first degree, as defined in section 135.25 of the penal law, arson in
2 the first degree, as defined in section 150.20 of the penal law,
3 burglary in the third degree, as defined in section 140.20 of the penal
4 law, attempted burglary in the third degree, as defined in section
5 110.00 and section 140.20 of the penal law, a felony defined in article
6 four hundred ninety of the penal law relating to terrorism or any
7 attempt to commit an offense defined in such article relating to terror-
8 ism which is a felony; or (b) criminal possession of a controlled
9 substance in the first degree, as defined in section 220.21 of the penal
10 law; criminal possession of a controlled substance in the second degree,
11 as defined in section 220.18 of the penal law; criminal sale of a
12 controlled substance, as defined in article 220 of the penal law; or
13 grand larceny in the fourth degree, as defined in subdivision five of
14 section 155.30 of the penal law; or (c) any misdemeanor or felony
15 defined as a sex offense or sexually violent offense pursuant to para-
16 graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
17 three of section one hundred sixty-eight-a of the correction law; or (d)
18 any of the following felonies, or an attempt thereof where such attempt
19 is a felony offense:
20 aggravated assault upon a person less than eleven years old, as
21 defined in section 120.12 of the penal law; menacing in the first
22 degree, as defined in section 120.13 of the penal law; reckless endan-
23 germent in the first degree, as defined in section 120.25 of the penal
24 law; stalking in the second degree, as defined in section 120.55 of the
25 penal law; criminally negligent homicide, as defined in section 125.10
26 of the penal law; vehicular manslaughter in the second degree, as
27 defined in section 125.12 of the penal law; vehicular manslaughter in
28 the first degree, as defined in section 125.13 of the penal law;
29 persistent sexual abuse, as defined in section 130.53 of the penal law;
30 aggravated sexual abuse in the fourth degree, as defined in section
31 130.65-a of the penal law; female genital mutilation, as defined in
32 section 130.85 of the penal law; facilitating a sex offense with a
33 controlled substance, as defined in section 130.90 of the penal law;
34 unlawful imprisonment in the first degree, as defined in section 135.10
35 of the penal law; custodial interference in the first degree, as defined
36 in section 135.50 of the penal law; criminal trespass in the first
37 degree, as defined in section 140.17 of the penal law; criminal tamper-
38 ing in the first degree, as defined in section 145.20 of the penal law;
39 tampering with a consumer product in the first degree, as defined in
40 section 145.45 of the penal law; robbery in the third degree as defined
41 in section 160.05 of the penal law; identity theft in the second degree,
42 as defined in section 190.79 of the penal law; identity theft in the
43 first degree, as defined in section 190.80 of the penal law; promoting
44 prison contraband in the first degree, as defined in section 205.25 of
45 the penal law; tampering with a witness in the third degree, as defined
46 in section 215.11 of the penal law; tampering with a witness in the
47 second degree, as defined in section 215.12 of the penal law; tampering
48 with a witness in the first degree, as defined in section 215.13 of the
49 penal law; criminal contempt in the first degree, as defined in subdivi-
50 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
51 criminal contempt, as defined in section 215.52 of the penal law; bail
52 jumping in the second degree, as defined in section 215.56 of the penal
53 law; bail jumping in the first degree, as defined in section 215.57 of
54 the penal law; patronizing a prostitute in the second degree, as defined
55 in section 230.05 of the penal law; patronizing a prostitute in the
56 first degree, as defined in section 230.06 of the penal law; promoting
S. 2857 3
1 prostitution in the second degree, as defined in section 230.30 of the
2 penal law; promoting prostitution in the first degree, as defined in
3 section 230.32 of the penal law; compelling prostitution, as defined in
4 section 230.33 of the penal law; disseminating indecent materials to
5 minors in the second degree, as defined in section 235.21 of the penal
6 law; disseminating indecent materials to minors in the first degree, as
7 defined in section 235.22 of the penal law; riot in the first degree, as
8 defined in section 240.06 of the penal law; criminal anarchy, as defined
9 in section 240.15 of the penal law; aggravated harassment of an employee
10 by an inmate, as defined in section 240.32 of the penal law; unlawful
11 surveillance in the second degree, as defined in section 250.45 of the
12 penal law; unlawful surveillance in the first degree, as defined in
13 section 250.50 of the penal law; endangering the welfare of a vulnerable
14 elderly person in the second degree, as defined in section 260.32 of the
15 penal law; endangering the welfare of a vulnerable elderly person in the
16 first degree, as defined in section 260.34 of the penal law; use of a
17 child in a sexual performance, as defined in section 263.05 of the penal
18 law; promoting an obscene sexual performance by a child, as defined in
19 section 263.10 of the penal law; possessing an obscene sexual perform-
20 ance by a child, as defined in section 263.11 of the penal law; promot-
21 ing a sexual performance by a child, as defined in section 263.15 of the
22 penal law; possessing a sexual performance by a child, as defined in
23 section 263.16 of the penal law; criminal possession of a weapon in the
24 third degree, as defined in section 265.02 of the penal law; criminal
25 sale of a firearm in the third degree, as defined in section 265.11 of
26 the penal law; criminal sale of a firearm to a minor, as defined in
27 section 265.16 of the penal law; unlawful wearing of a body vest, as
28 defined in section 270.20 of the penal law; hate crimes as defined in
29 section 485.05 of the penal law; and crime of terrorism, as defined in
30 section 490.25 of the penal law; or (e) a felony defined in the penal
31 law or an attempt thereof where such attempt is a felony; or (f) any of
32 the following misdemeanors: assault in the third degree as defined in
33 section 120.00 of the penal law; attempted aggravated assault upon a
34 person less than eleven years old, as defined in section 110.00 and
35 section 120.12 of the penal law; attempted menacing in the first degree,
36 as defined in section 110.00 and section 120.13 of the penal law; menac-
37 ing in the second degree as defined in section 120.14 of the penal law;
38 menacing in the third degree as defined in section 120.15 of the penal
39 law; reckless endangerment in the second degree as defined in section
40 120.20 of the penal law; stalking in the fourth degree as defined in
41 section 120.45 of the penal law; stalking in the third degree as defined
42 in section 120.50 of the penal law; attempted stalking in the second
43 degree, as defined in section 110.00 and section 120.55 of the penal
44 law; criminal obstruction of breathing or blood circulation as defined
45 in section 121.11 of the penal law; forcible touching as defined in
46 section 130.52 of the penal law regardless of the age of the victim;
47 sexual abuse in the third degree as defined in section 130.55 of the
48 penal law regardless of the age of the victim; unlawful imprisonment in
49 the second degree as defined in section 135.05 of the penal law regard-
50 less of the age of the victim; attempted unlawful imprisonment in the
51 first degree, as defined in section 110.00 and section 135.10 of the
52 penal law regardless of the age of the victim; criminal trespass in the
53 second degree as defined in section 140.15 of the penal law; possession
54 of burglar's tools as defined in section 140.35 of the penal law; petit
55 larceny as defined in section 155.25 of the penal law; endangering the
56 welfare of a child as defined in section 260.10 of the penal law; endan-
S. 2857 4
1 gering the welfare of an incompetent or physically disabled person as
2 defined in section 260.25 of the penal law] ARRESTED FOR ANY OFFENSE FOR
3 WHICH THE FINGERPRINTS OF THE DEFENDANT OR ARRESTED PERSON ARE REQUIRED
4 OR PERMITTED TO BE TAKEN PURSUANT TO SECTION 160.10 OF THE CRIMINAL
5 PROCEDURE LAW, OR A PERSON ADJUDICATED AND SENTENCED AS A YOUTHFUL
6 OFFENDER PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMINAL PROCE-
7 DURE LAW FOR ANY SUCH OFFENSE, OR A PERSON WHO IS REQUIRED TO REGISTER
8 AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
9 S 2. Subdivision 3 of section 995-c of the executive law, as amended
10 by chapter 576 of the laws of 2004, is amended to read as follows:
11 3. (A) Any designated offender [subsequent to conviction and sentenc-
12 ing for a crime specified in subdivision seven of section nine hundred
13 ninety-five of this article,] shall be required to provide a sample
14 appropriate for DNA testing to determine identification characteristics
15 specific to such person and to be included in a state DNA identification
16 index pursuant to this article, UNLESS SUCH DESIGNATED OFFENDER HAS
17 PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDENTIFI-
18 CATION INDEX.
19 (B) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE COLLECTION OF A DNA
20 SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
21 CORRECTION OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, OR
22 OTHER LAW ENFORCEMENT OFFICIAL OR PUBLIC SERVANT WHO HAS BEEN NOTIFIED
23 BY THE DIVISION THAT THE DESIGNATED OFFENDER HAS NOT PROVIDED A DNA
24 SAMPLE.
25 (C) A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER WHO HAS
26 NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED MAY USE REASONABLE
27 PHYSICAL FORCE TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER WRITTEN OR
28 ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
29 (D) THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
30 UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX SHALL
31 NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
32 NAL JUSTICE SERVICES INADVERTENTLY, BUT IN GOOD FAITH, COLLECTED OR
33 PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
34 (E) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
35 SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF
36 THE DNA IDENTIFICATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX
37 CONTAINS DNA PROFILES THAT SHOULD NOT BE IN THE INDEX, INCLUDING THE
38 STEPS NECESSARY TO EXPUNGE ANY PROFILES WHICH THE DIVISION DETERMINES
39 SHOULD NOT BE IN THE INDEX.
40 S 3. Section 995-f of the executive law, as amended by chapter 560 of
41 the laws of 1999, is amended to read as follows:
42 S 995-f. Penalties. 1. Any person who (a) intentionally discloses a
43 DNA record, or the results of a forensic DNA test or analysis, to an
44 individual or agency other than one authorized to have access to such
45 records pursuant to this article or (b) intentionally uses or receives
46 DNA records, or the results of a forensic DNA test or analysis, for
47 purposes other than those authorized pursuant to this article or (c) any
48 person who knowingly tampers or attempts to tamper with any DNA sample
49 or the collection container without lawful authority shall be guilty of
50 a class E felony.
51 2. ANY DESIGNATED OFFENDER SUBJECT TO PROBATION OR PAROLE SUPERVISION
52 WHO IS REQUIRED TO PROVIDE A SAMPLE APPROPRIATE FOR DNA TESTING PURSUANT
53 TO THE PROVISIONS OF THIS ARTICLE, AND WHO FAILS TO PROVIDE SUCH SAMPLE
54 UPON NOTIFICATION BY A COURT, STATE OR LOCAL CORRECTION OFFICIAL OR
55 EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, OR OTHER LAW ENFORCEMENT
56 OFFICIAL OR PUBLIC SERVANT OF HIS OR HER OBLIGATION TO PROVIDE SUCH A
S. 2857 5
1 SAMPLE, SHALL BE DEEMED TO VIOLATE THE CONDITIONS OF PROBATION OR
2 PAROLE, AND SUCH VIOLATION SHALL BE A BASIS FOR THE REVOCATION OF
3 PROBATION OR PAROLE IN ACCORDANCE WITH ARTICLE FOUR HUNDRED TEN OF THE
4 CRIMINAL PROCEDURE LAW OR SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAP-
5 TER. FOR PURPOSES OF THIS ARTICLE, "PAROLE SUPERVISION" SHALL BE DEEMED
6 TO INCLUDE POST-RELEASE SUPERVISION.
7 S 4. Subdivision 4 of section 995-c of the executive law, as amended
8 by section 65 of part A of chapter 56 of the laws of 2010, is amended to
9 read as follows:
10 4. The commissioner of the division of criminal justice services, in
11 consultation with the commission, the commissioner of health, the divi-
12 sion of parole, the director of the office of probation and correctional
13 alternatives and the department of correctional services, shall promul-
14 gate rules and regulations governing the procedures for notifying desig-
15 nated offenders of the requirements of this section. THE COMMISSIONER
16 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ALSO PROMULGATE RULES
17 AND REGULATIONS GOVERNING THE PROCEDURES FOR OBTAINING A SAMPLE APPRO-
18 PRIATE FOR DNA TESTING FROM A PERSON WHO IS REQUIRED TO REGISTER AS A
19 SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
20 S 5. Section 995-b of the executive law is amended by adding a new
21 subdivision 3-a to read as follows:
22 3-A. THE COMMISSION, IN CONSULTATION WITH THE SUBCOMMITTEE ON BIOLOG-
23 ICAL EVIDENCE PRESERVATION, SHALL DEVELOP GUIDELINES RELATING TO THE
24 COLLECTION, PRESERVATION, STORAGE, AND INDEXING OF BIOLOGICAL EVIDENCE
25 BY LAW ENFORCEMENT AGENCIES AND FORENSIC LABORATORIES. SUCH GUIDELINES
26 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE MINIMUM PERIOD OF TIME THAT
27 BIOLOGICAL EVIDENCE OBTAINED FROM CRIME SCENES SHOULD BE RETAINED. AS
28 USED IN THIS SUBDIVISION, THE TERM "BIOLOGICAL EVIDENCE" SHALL MEAN
29 SEMEN, BLOOD, SALIVA, HAIR, SKIN, TISSUE, OR OTHER IDENTIFIED BIOLOGICAL
30 MATERIAL, AND SHALL INCLUDE A SEXUAL ASSAULT FORENSIC EXAMINATION KIT.
31 INITIALLY, THE COMMISSION SHALL DEVELOP SUCH GUIDELINES AS VOLUNTARY
32 BEST PRACTICES. NONCOMPLIANCE WITH SUCH GUIDELINES SHALL NOT BE GROUNDS
33 FOR DISMISSAL OF CHARGES, EXCLUSION OF EVIDENCE, OR ANY OTHER LEGAL
34 RELIEF. THEREAFTER, AND TAKING INTO ACCOUNT THE EXPERIENCE UNDER THE
35 INITIAL GUIDELINES, THE COMMISSION SHALL CONSIDER WHAT MANDATORY RULES
36 SHOULD BE ADOPTED AS TO THE COLLECTION, PRESERVATION, STORAGE, AND
37 INDEXING OF BIOLOGICAL EVIDENCE BY LAW ENFORCEMENT AGENCIES AND FORENSIC
38 LABORATORIES. THE COMMISSION MAY ADOPT SUCH RULES WITHIN ITS EXISTING
39 REGULATORY AUTHORITY; IT MAY RECOMMEND THAT IT OR ANOTHER BODY BE GIVEN
40 EXPANDED REGULATORY AUTHORITY; AND IT MAY MAKE RECOMMENDATIONS FOR STAT-
41 UTORY ADOPTION OF PARTICULAR RULES. IN DEVELOPING SUCH GUIDELINES, RULES
42 AND RECOMMENDATIONS, THE COMMISSION SHALL CONSIDER THE VARYING NEEDS AND
43 RESOURCES OF LAW ENFORCEMENT AGENCIES AND JURISDICTIONS WITHIN THE
44 STATE.
45 S 6. Subdivision 6 of section 120.90 of the criminal procedure law, as
46 amended by chapter 424 of the laws of 1998, is amended to read as
47 follows:
48 6. Before bringing a defendant arrested pursuant to a warrant before
49 the local criminal court in which such warrant is returnable, a police
50 officer must without unnecessary delay perform all fingerprinting and
51 other preliminary police duties required in the particular case. In any
52 case in which the defendant is not brought by a police officer before
53 such court but, following his OR HER arrest in another county for an
54 offense specified in subdivision one of section 160.10, is released by a
55 local criminal court of such other county on his OR HER own recognizance
56 or on bail for his OR HER appearance on a specified date before the
S. 2857 6
1 local criminal court before which the warrant is returnable, the latter
2 court must, upon arraignment of the defendant before it, direct that he
3 OR SHE be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
4 TAKEN by the appropriate officer or agency, and that he OR SHE appear at
5 an appropriate designated time and place for such purpose.
6 S 7. Section 130.60 of the criminal procedure law, as amended by chap-
7 ter 95 of the laws of 1991, subdivision 1 as amended by chapter 446 of
8 the laws of 1993, is amended to read as follows:
9 S 130.60 Summons; fingerprinting of defendant.
10 1. Upon the arraignment of a defendant whose court attendance has been
11 secured by the issuance and service of a summons, based upon an indict-
12 ment, a prosecutor's information or upon an information, felony
13 complaint or misdemeanor complaint filed by a complainant who is a
14 police officer, the court must, if an offense charged in the accusatory
15 instrument is one specified in subdivision one of section 160.10, direct
16 that the defendant be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
17 DNA TESTING TAKEN by the appropriate police officer or agency, and that
18 he or she appear at an appropriate designated time and place for such
19 purpose.
20 2. Upon the arraignment of a defendant whose court attendance has been
21 secured by the issuance and service of a summons based upon an informa-
22 tion or misdemeanor complaint filed by a complainant who is not a police
23 officer, and who has not previously been fingerprinted OR FROM WHOM A
24 DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN, the court may, if it finds
25 reasonable cause to believe that the defendant has committed an offense
26 specified in subdivision one of section 160.10, direct that the defend-
27 ant be fingerprinted AND/OR HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
28 TAKEN by the appropriate police officer or agency and that he OR SHE
29 appear at an appropriate designated time and place for such purpose. A
30 defendant whose court appearance has been secured by the issuance and
31 service of a criminal summons based upon a misdemeanor complaint or
32 information filed by a complainant who is not a police officer, must be
33 directed by the court, upon conviction of the defendant, to be finger-
34 printed AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN by the
35 appropriate police officer or agency and the court must also direct that
36 the defendant appear at an appropriate designated time and place for
37 such purpose, if the defendant is convicted of any offense specified in
38 subdivision one of section 160.10.
39 S 8. Subdivision 5 of section 140.20 of the criminal procedure law, as
40 amended by chapter 762 of the laws of 1971, is amended to read as
41 follows:
42 5. Before service of an appearance ticket upon an arrested person
43 pursuant to subdivision two or three, the issuing police officer must,
44 if the offense designated in such appearance ticket is one of those
45 specified in subdivision one of section 160.10, cause such person to be
46 fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN in the
47 same manner as would be required were no appearance ticket to be issued
48 or served.
49 S 9. Subdivision 2 of section 140.27 of the criminal procedure law, as
50 amended by chapter 843 of the laws of 1980, is amended to read as
51 follows:
52 2. Upon arresting a person without a warrant, a peace officer, except
53 as otherwise provided in subdivision three, must without unnecessary
54 delay bring him OR HER or cause him OR HER to be brought before a local
55 criminal court, as provided in section 100.55 and subdivision one of
56 section 140.20, and must without unnecessary delay file or cause to be
S. 2857 7
1 filed therewith an appropriate accusatory instrument. If the offense
2 which is the subject of the arrest is one of those specified in subdivi-
3 sion one of section 160.10, the arrested person must be fingerprinted
4 [and], photographed AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN
5 as therein provided. In order to execute the required post-arrest func-
6 tions, such arresting peace officer may perform such functions himself
7 OR HERSELF, or he OR SHE may enlist the aid of a police officer for the
8 performance thereof in the manner provided in subdivision one of section
9 140.20.
10 S 10. Section 150.70 of the criminal procedure law, as amended by
11 chapter 762 of the laws of 1971, is amended to read as follows:
12 S 150.70 Appearance ticket; fingerprinting AND DNA ANALYSIS SAMPLE of
13 defendant.
14 Upon the arraignment of a defendant who has not been arrested and
15 whose court attendance has been secured by the issuance and service of
16 an appearance ticket pursuant to subdivision one of section 150.20, the
17 court must, if an offense charged in the accusatory instrument is one
18 specified in subdivision one of section 160.10, direct that the defend-
19 ant be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN
20 by the appropriate police officer or agency, and that he OR SHE appear
21 at an appropriate designated time and place for such purpose.
22 S 11. The section heading of section 160.10 of the criminal procedure
23 law, as amended by chapter 762 of the laws of 1971, is amended and a new
24 subdivision 5 is added to read as follows:
25 Fingerprinting AND DNA ANALYSIS; duties of police with respect there-
26 to.
27 5. (A) WHENEVER FINGERPRINTS ARE REQUIRED TO BE TAKEN PURSUANT TO
28 SUBDIVISION ONE OF THIS SECTION OR PERMITTED TO BE TAKEN PURSUANT TO
29 SUBDIVISION TWO OF THIS SECTION, THE TAKING OF A SAMPLE APPROPRIATE FOR
30 DNA TESTING SHALL BE SIMILARLY REQUIRED OR PERMITTED.
31 (B) THE TAKING OF SAMPLES APPROPRIATE FOR DNA TESTING AS PRESCRIBED IN
32 THIS SECTION SHALL BE IN ACCORDANCE WITH STANDARDS THAT MAY BE ESTAB-
33 LISHED BY RULES AND REGULATIONS OF THE COMMISSIONER OF THE DIVISION OF
34 CRIMINAL JUSTICE SERVICES.
35 (C) "DNA" AS USED IN THIS ARTICLE MEANS DNA AS DEFINED IN SECTION NINE
36 HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW.
37 S 12. Section 160.20 of the criminal procedure law, as amended by
38 chapter 108 of the laws of 1973, is amended to read as follows:
39 S 160.20 Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
40 prints AND DNA ANALYSIS SAMPLE.
41 Upon the taking of fingerprints AND A SAMPLE APPROPRIATE FOR DNA TEST-
42 ING of an arrested person or defendant as prescribed in section 160.10,
43 the appropriate police officer or agency must without unnecessary delay
44 forward two copies of such fingerprints to the division of criminal
45 justice services, AND SHALL STORE AND FORWARD SUCH DNA SAMPLE TO A
46 FORENSIC DNA LABORATORY FOR FORENSIC DNA TESTING AND ANALYSIS, AND
47 INCLUSION IN THE STATE DNA IDENTIFICATION INDEX IN ACCORDANCE WITH
48 SUBDIVISION FIVE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE
49 LAW.
50 S 13. Paragraphs (a) and (b) of subdivision 1 of section 160.55 of the
51 criminal procedure law, paragraph (a) as amended by chapter 476 of the
52 laws of 2009 and paragraph (b) as amended by chapter 169 of the laws of
53 1994, are amended to read as follows:
54 (a) every photograph of such person and photographic plate or proof,
55 [and] all palmprints and fingerprints taken or made of such person, AND
56 ALL DNA ANALYSIS SAMPLES AND DNA RECORDS TAKEN pursuant to the
S. 2857 8
1 provisions of this article in regard to the action or proceeding termi-
2 nated, [and] all duplicates and copies thereof, except a digital finger-
3 print image where authorized pursuant to paragraph (e) of this subdivi-
4 sion, except for the palmprints and fingerprints concerning a
5 disposition of harassment in the second degree as defined in section
6 240.26 of the penal law, committed against a member of the same family
7 or household as the defendant, as defined in subdivision one of section
8 530.11 of this chapter, and determined pursuant to subdivision eight-a
9 of section 170.10 of this title, shall forthwith be, at the discretion
10 of the recipient agency, either destroyed or returned to such person, or
11 to the attorney who represented such person at the time of the termi-
12 nation of the action or proceeding, at the address given by such person
13 or attorney during the action or proceeding, by the division of criminal
14 justice services and by any police department or law enforcement agency
15 having any such photograph, photographic plate or proof, palmprints
16 [or], fingerprints, AND DNA ANALYSIS SAMPLE AND DNA RECORD in its
17 possession or under its control;
18 (b) any police department or law enforcement agency, including the
19 division of criminal justice services, which transmitted or otherwise
20 forwarded to any agency of the United States or of any other state or of
21 any other jurisdiction outside the state of New York copies of any such
22 photographs, photographic plates or proofs, palmprints [and], finger-
23 prints, AND DNA ANALYSIS SAMPLE AND DNA RECORD, shall forthwith formally
24 request in writing that all such copies be destroyed or returned to the
25 police department or law enforcement agency which transmitted or
26 forwarded them, and upon such return such department or agency shall, at
27 its discretion, either destroy or return them as provided herein;
28 S 14. (a) The commission for exoneration review is hereby established
29 on a temporary basis as an independent agency of the state to study and
30 review recent cases in which convicted defendants were subsequently
31 exonerated, whether by DNA evidence or otherwise, to determine why the
32 process failed in each individual case, and to determine whether these
33 cases are indicative of systemic flaws that have led to the conviction
34 and sentencing of innocent people.
35 (b) The governor shall appoint the chair and ten other members of such
36 commission, including one appointed on the recommendation of the chief
37 judge of the court of appeals, one appointed on the recommendation of
38 the speaker of the assembly, one appointed on the recommendation of the
39 temporary president of the senate, one appointed on the recommendation
40 of the minority leader of the senate, and one appointed on the recommen-
41 dation of the minority leader of the assembly. If any vacancy occurs it
42 shall be filled in the manner provided for the original appointment to
43 the vacated seat.
44 (c) No member of the commission shall be disqualified from holding any
45 public office or employment, nor shall he or she forfeit any such office
46 or employment, by reason of his or her appointment pursuant to this
47 section.
48 (d) The commission shall meet as often as its chair, or at least five
49 of its members, shall determine to be necessary. Six members shall
50 constitute a quorum, and except as otherwise provided in this section,
51 affirmative decisions of the commission shall require the concurrence of
52 seven members.
53 (e) The members of the commission shall serve without salary or other
54 compensation, but shall be entitled to receive actual and necessary
55 expenses incurred in the discharge of their duties pursuant to this
56 section.
S. 2857 9
1 (f) The commission shall review criminal or juvenile cases in which
2 the defendant or respondent was sentenced but subsequently exonerated.
3 The purpose of such review is to consider whether experience in such
4 cases provides useful information about possible reforms that could
5 enhance safeguards, make improvements in the way that law enforcement
6 agencies and the criminal justice system function, and protect against
7 future convictions of innocent persons. Such possible reforms may
8 include but are not limited to the areas of:
9 (1) investigative techniques that led to the arrest, identification,
10 and conviction of the innocent persons;
11 (2) issues relating to false confessions, including whether the
12 recording of interrogations should be mandated;
13 (3) trial processes and procedures that may have contributed to
14 convictions of innocent persons;
15 (4) any conduct of prosecutors, defense counsels, or courts that may
16 have contributed to convictions of innocent persons;
17 (5) issues relating to the provision of counsel to indigent defend-
18 ants, including whether counsel are adequately trained, compensated, and
19 provided with appropriate resources for investigations; and
20 (6) failures in the appellate or post-conviction process that resulted
21 in wrongful convictions not being discovered or corrected at an earlier
22 time.
23 (g) The commissioner of criminal justice services shall identify cases
24 in which convictions were set aside and it appears reasonably likely
25 that the person convicted was innocent of the crimes charged, and it
26 shall submit summaries of such cases to the commission. The commissioner
27 of criminal justice services shall seek to submit at least all such
28 cases in which exoneration resulted from DNA evidence, and all such
29 cases in which there was an exoneration within five years prior to the
30 effective date of this act. The commission of exoneration review shall
31 conduct an initial review of each case submitted by the commissioner of
32 criminal justice services, and may also choose to conduct initial
33 reviews of other cases. As to each case, the commission shall decide
34 whether such case warrants detailed review in that (1) it appears highly
35 likely that the person convicted was actually innocent of the crimes
36 charged, and (2) there appear to be features of the case that may
37 provide useful information without possible reforms.
38 (h) When the commission for exoneration review decides that a case
39 warrants detailed review, the commissioner of criminal justice services
40 shall compile records and other information relating to that case, and
41 may solicit comments or analyses by experts in relevant fields.
42 Notwithstanding any other provision of law, the commissioner of criminal
43 justice services may request and shall receive from any court, depart-
44 ment, division, board, bureau, commission or other agency of the state
45 or political subdivision thereof, or any public authority, such assist-
46 ance, records and data as will enable it effectively to carry out its
47 duties. The commissioner of criminal justice services shall submit such
48 records, information, comments, and analyses to the commission of exon-
49 eration review. Confidential and sensitive material, such as certain
50 information relating to victims and confidential informants, may be
51 redacted as appropriate. The commission for exoneration review may
52 conduct its detailed review on the basis of the materials submitted, or
53 it may request the commissioner of criminal justice services to compile
54 and submit further specified kinds of information about the case.
55 (i) The commission for exoneration review shall make available an
56 annual report detailing, at a minimum, the number of cases submitted by
S. 2857 10
1 the commissioner of criminal justice services, the number of cases
2 chosen for detailed review, and the number of detailed reviews
3 completed. The report shall include any findings of fact and recommenda-
4 tions for reform that may have been adopted by the commission since its
5 last report. Recommendations that are not adopted by the commission but
6 obtain the concurrence of at least four members shall be included in the
7 annual report as proposals for consideration. In addition to the annual
8 report, the commission may decide to issue other reports containing
9 findings of fact and/or recommendations for reform. All reports issued
10 by the commission shall be made available to the public and delivered to
11 the governor, the chief judge of the court of appeals, the temporary
12 president of the senate, and the speaker of the assembly.
13 S 15. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
14 procedure law, as amended by chapter 169 of the laws of 1994, is amended
15 to read as follows:
16 (d) such records shall be made available to the person accused or to
17 such person's designated agent, and shall be made available to (i) a
18 prosecutor in any proceeding in which the accused has moved for an order
19 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
20 enforcement agency upon ex parte motion in any superior court, if such
21 agency demonstrates to the satisfaction of the court that justice
22 requires that such records be made available to it, or (iii) any state
23 or local officer or agency with responsibility for the issuance of
24 licenses to possess guns, when the accused has made application for such
25 a license, or (iv) the New York state division of parole when the
26 accused is on parole supervision as a result of conditional release or a
27 parole release granted by the New York state board of parole, and the
28 arrest which is the subject of the inquiry is one which occurred while
29 the accused was under such supervision, or (v) any prospective employer
30 of a police officer or peace officer as those terms are defined in
31 subdivisions thirty-three and thirty-four of section 1.20 of this chap-
32 ter, in relation to an application for employment as a police officer or
33 peace officer; provided, however, that every person who is an applicant
34 for the position of police officer or peace officer shall be furnished
35 with a copy of all records obtained under this paragraph and afforded an
36 opportunity to make an explanation thereto, or (vi) the probation
37 department responsible for supervision of the accused when the arrest
38 which is the subject of the inquiry is one which occurred while the
39 accused was under such supervision, OR (VII) THE COMMISSION FOR EXONERA-
40 TION REVIEW; and
41 S 16. Subdivision 4 of section 190.25 of the criminal procedure law is
42 amended by adding a new paragraph (c) to read as follows:
43 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL GRAND JURY TESTI-
44 MONY, EVIDENCE, DECISIONS, RESULTS AND OTHER MATTERS ATTENDING A GRAND
45 JURY PROCEEDING SHALL BE DISCLOSED TO THE COMMISSION FOR EXONERATION
46 REVIEW, UPON ITS REQUEST, IN CONNECTION WITH AN INQUIRY BY SUCH COMMIS-
47 SION INTO A WRONGFUL CONVICTION RELATED TO SUCH GRAND JURY PROCEEDING.
48 S 17. Section 240.40 of the criminal procedure law is amended by
49 adding a new subdivision 1-a to read as follows:
50 1-A. UPON MOTION OF A DEFENDANT AGAINST WHOM AN INDICTMENT OR SUPERIOR
51 COURT INFORMATION IS PENDING, THE COURT IN WHICH SUCH ACCUSATORY INSTRU-
52 MENT IS PENDING MAY ORDER A COMPARISON OF A DNA PROFILE DERIVED FROM
53 EVIDENCE RECOVERED BY LAW ENFORCEMENT TO THE DEFENDANT'S DNA OR TO A DNA
54 DATABANK UPON A SHOWING BY THE DEFENDANT THAT SUCH COMPARISON IS MATERI-
55 AL TO THE PREPARATION OF A DEFENSE, AND THAT THE REQUEST IS REASONABLE,
56 PROVIDED THAT THE COURT SHALL NOT DO SO IF IT IS SATISFIED THAT THE
S. 2857 11
1 PEOPLE HAVE SHOWN GOOD CAUSE WHY SUCH AN ORDER SHOULD NOT BE ISSUED. IF
2 THE MOTION OF THE DEFENDANT IS FOR COMPARISON OF A GIVEN PROFILE DERIVED
3 FROM DNA EVIDENCE TO A DNA DATABANK, THE COURT MAY DIRECT A STATE OR
4 LOCAL PUBLIC FORENSIC LABORATORY TO ARRANGE FOR SUCH PROFILE TO BE
5 ENTERED INTO AND SEARCHED AGAINST LOCAL, STATE, AND FEDERAL DNA DATA-
6 BANKS TO THE EXTENT, AND IN A MANNER, CONSISTENT WITH FEDERAL AND STATE
7 LAWS AND REGULATIONS GOVERNING SUCH DATABANKS, INCLUDING REQUIREMENTS AS
8 TO HOW PROFILES FOR FORENSIC DNA ANALYSIS MUST BE GENERATED, AND
9 REQUIREMENTS FOR SEARCHING AND STORAGE IN THE DATABANK IN QUESTION. IF
10 SUCH A DATABANK SEARCH REVEALS THAT THE DNA DERIVED FROM EVIDENCE RECOV-
11 ERED BY LAW ENFORCEMENT MATCHES A PROFILE IN THE DATABANK, THE DEFENDANT
12 SHALL BE NOTIFIED OF THE FACT THAT THERE WAS A MATCH WITH SOME SUCH
13 PROFILE, AND THE COURT SHALL GRANT REASONABLE ADJOURNMENTS SO AS TO
14 ALLOW THE PEOPLE TO PURSUE APPROPRIATE INVESTIGATIVE STEPS. NOTHING IN
15 THIS ARTICLE SHALL BE DEEMED TO ALLOW A DEFENDANT TO OBTAIN AN ORDER
16 REQUIRING COLLECTION OF A DNA SAMPLE FROM ANY OTHER PERSON.
17 S 18. Paragraph (a) of subdivision 1-a of section 440.30 of the crimi-
18 nal procedure law, as amended by chapter 138 of the laws of 2004, is
19 amended and a new paragraph (c) is added to read as follows:
20 (a) Where the defendant's motion requests the performance of a foren-
21 sic DNA test on specified evidence, and upon the court's determination
22 that any evidence containing deoxyribonucleic acid ("DNA") was secured
23 in connection with the [trial] PROCEEDINGS resulting in the judgment,
24 the court shall grant the application for forensic DNA testing of such
25 evidence upon its determination that if a DNA test had been conducted on
26 such evidence, and if the results had been admitted in the trial result-
27 ing in the judgment, there exists a reasonable probability that the
28 verdict would have been more favorable to the defendant. IN THE CASE OF
29 A DEFENDANT CONVICTED UPON A PLEA OF GUILTY, THE COURT SHALL GRANT THE
30 APPLICATION ONLY UPON ITS DETERMINATION THAT IF THE RESULTS HAD BEEN
31 AVAILABLE TO THE DEFENDANT, THERE EXISTS A REASONABLE PROBABILITY THAT
32 THE DEFENDANT WOULD NOT HAVE BEEN CONVICTED BY PLEA OF GUILTY OR OTHER-
33 WISE, AND IN MAKING THAT DETERMINATION, THE COURT MAY CONSIDER, AMONG
34 OTHER RELEVANT INFORMATION, THE PROCEEDINGS IN CONNECTION WITH THE
35 DEFENDANT'S PLEA OF GUILTY.
36 (C) IN ADDITION TO REQUESTING THE PERFORMANCE OF A FORENSIC DNA TEST
37 OF SPECIFIED EVIDENCE, AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
38 SION, THE DEFENDANT MAY ALSO MOVE FOR A COMPARISON OF A DNA PROFILE
39 DERIVED FROM SPECIFIED EVIDENCE RECOVERED BY LAW ENFORCEMENT TO A DNA
40 DATABANK. IN DECIDING WHETHER TO GRANT A MOTION FOR SUCH COMPARISON,
41 THE COURT MAY CONSIDER WHETHER THE DEFENDANT HAD THE OPPORTUNITY TO MOVE
42 FOR SUCH A COMPARISON PURSUANT TO SUBDIVISION ONE-A OF SECTION 240.40 OF
43 THIS CHAPTER, BUT UNJUSTIFIABLY FAILED TO DO SO. IF THE COURT GRANTS THE
44 MOTION FOR SUCH A COMPARISON, IT MAY DIRECT A STATE OR LOCAL PUBLIC
45 FORENSIC LABORATORY TO ARRANGE FOR SUCH PROFILE TO BE ENTERED INTO AND
46 SEARCHED AGAINST LOCAL, STATE, AND FEDERAL DNA DATABANKS TO THE EXTENT,
47 AND IN A MANNER, CONSISTENT WITH FEDERAL AND STATE LAWS AND REGULATIONS
48 GOVERNING SUCH DATABANKS, INCLUDING REQUIREMENTS AS TO HOW PROFILES FOR
49 FORENSIC DNA ANALYSIS MUST BE GENERATED, AND REQUIREMENTS FOR SEARCHING
50 AND STORAGE IN THE DATABANK IN QUESTION. IF SUCH A DATABANK SEARCH
51 REVEALS THAT THE DNA DERIVED FROM EVIDENCE RECOVERED BY LAW ENFORCEMENT
52 MATCHES A PROFILE IN THE DATABANK, THE DEFENDANT SHALL BE NOTIFIED OF
53 THE FACT THAT THERE WAS A MATCH WITH SOME SUCH PROFILE, AND THE COURT
54 SHALL GRANT REASONABLE ADJOURNMENTS SO AS TO ALLOW THE PEOPLE TO PURSUE
55 APPROPRIATE INVESTIGATIVE STEPS. NOTHING IN THIS ARTICLE SHALL BE
S. 2857 12
1 DEEMED TO ALLOW A DEFENDANT TO OBTAIN AN ORDER REQUIRING COLLECTION OF A
2 DNA SAMPLE FROM ANY OTHER PERSON.
3 S 19. Section 65.10 of the penal law is amended by adding a new subdi-
4 vision 4-b to read as follows:
5 4-B. MANDATORY CONDITION FOR DNA DESIGNATED OFFENDERS. WHEN IMPOSING A
6 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE UPON A PERSON CONVICTED
7 OF AN OFFENSE DEFINED IN SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINE-
8 TY-FIVE OF THE EXECUTIVE LAW, THE COURT SHALL REQUIRE, AS A MANDATORY
9 CONDITION OF SUCH SENTENCE, THAT SUCH PERSON PROVIDE A DNA SAMPLE AS
10 REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW.
11 S 20. Paragraph (b) of subdivision 3 and paragraph (b) of subdivision
12 5 of section 8-b of the court of claims act, as added by chapter 1009 of
13 the laws of 1984, are amended to read as follows:
14 (b) (i) he has been pardoned upon the ground of innocence of the crime
15 or crimes for which he was sentenced and which are the grounds for the
16 complaint; or (ii) his judgment of conviction was reversed or vacated,
17 and the accusatory instrument dismissed or, if a new trial was ordered,
18 either he was found not guilty at the new trial or he was not retried
19 and the accusatory instrument dismissed; provided that the judgement of
20 conviction was reversed or vacated, and the accusatory instrument was
21 dismissed, on any of the following grounds: (A) paragraph [(a),] (b),
22 (c), [(e)] or (g) of subdivision one of section 440.10 of the criminal
23 procedure law; or (B) subdivision one (where based upon grounds set
24 forth in item (A) [hereof] OF THIS SUBPARAGRAPH), two, three (where the
25 count dismissed was the sole basis for the imprisonment complained of)
26 or five of section 470.20 of the criminal procedure law; or (C) compara-
27 ble provisions of the former code of criminal procedure or subsequent
28 law; or (D) the statute, or application thereof, on which the accusatory
29 instrument was based violated the constitution of the United States or
30 the state of New York; OR (E) THE CLAIMANT'S CONVICTION WAS VACATED
31 UNDER ANOTHER SECTION OF LAW NOT ENUMERATED IN THIS PARAGRAPH, BUT WHOSE
32 APPLICATION TO CLAIMANT'S CONVICTION INVOLVED FACTS AND CIRCUMSTANCES
33 THAT DIRECTLY SUPPORT CLAIMANT'S ASSERTION OF INNOCENCE; AND PROVIDED
34 THAT, IN CASES WHERE THE CONVICTION MAY HAVE BEEN VACATED ON MORE THAN
35 ONE GROUND, INCLUDING ONE OF THE GROUNDS ENUMERATED IN THIS PARAGRAPH,
36 THE COURT OF CLAIMS SHALL NOT BE BOUND BY A DECISION OF THE CRIMINAL
37 COURT VACATING THE CONVICTION BASED ONLY ON A GROUND NOT ENUMERATED IN
38 THIS PARAGRAPH; and
39 (b) (i) he has been pardoned upon the ground of innocence of the crime
40 or crimes for which he was sentenced and which are the grounds for the
41 complaint; or (ii) his judgment of conviction was reversed or vacated,
42 and the accusatory instrument dismissed or, if a new trial was ordered,
43 either he was found not guilty at the new trial or he was not retried
44 and the accusatory instrument dismissed; provided that the judgement of
45 conviction was reversed or vacated, and the accusatory instrument was
46 dismissed, on any of the following grounds: (A) paragraph [(a),] (b),
47 (c), [(e)] or (g) of subdivision one of section 440.10 of the criminal
48 procedure law; or (B) subdivision one (where based upon grounds set
49 forth in item (A) [hereof] OF THIS SUBPARAGRAPH), two, three (where the
50 count dismissed was the sole basis for the imprisonment complained of)
51 or five of section 470.20 of the criminal procedure law; or (C) compara-
52 ble provisions of the former code of criminal procedure or subsequent
53 law; or (D) the statute, or application thereof, on which the accusatory
54 instrument was based violated the constitution of the United States or
55 the state of New York; OR (E) THE CLAIMANT'S CONVICTION WAS VACATED
56 UNDER ANOTHER SECTION OF LAW NOT ENUMERATED IN THIS PARAGRAPH, BUT WHOSE
S. 2857 13
1 APPLICATION TO CLAIMANT'S CONVICTION INVOLVED FACTS AND CIRCUMSTANCES
2 THAT DIRECTLY SUPPORT CLAIMANT'S ASSERTION OF INNOCENCE; AND PROVIDED
3 THAT, IN CASES WHERE THE CONVICTION MAY HAVE BEEN VACATED ON MORE THAN
4 ONE GROUND, INCLUDING ONE OF THE GROUNDS ENUMERATED IN THIS PARAGRAPH,
5 THE COURT OF CLAIMS SHALL NOT BE BOUND BY A DECISION OF THE CRIMINAL
6 COURT VACATING THE CONVICTION BASED ONLY ON A GROUND NOT ENUMERATED IN
7 THIS PARAGRAPH; and
8 S 21. This act shall take effect November 1, 2011; provided that:
9 (a) the amendments to article 49-B of the executive law, made by
10 sections one and two of this act, and the amendments to the criminal
11 procedure law, made by sections six, seven, eight, nine, ten, eleven,
12 twelve and thirteen of this act, shall apply to designated offenses
13 committed on or after the effective date of this act; and to designated
14 offenses committed prior to such effective date where either the crimi-
15 nal proceeding arising out of the commission of such offense is pending
16 on the effective date of this act or the service of the sentence imposed
17 upon conviction of the designated offense has not been completed prior
18 to such effective date; and to any person adjudicated a youthful offen-
19 der for the commission of a designated offense committed prior to the
20 effective date of this act where service of the sentence imposed upon
21 adjudication as a youthful offender has not been completed prior to such
22 effective date; and to any person required to register as a sex offender
23 pursuant to article 6-C of the correction law on or after the effective
24 date of this act; and
25 (b) sections fourteen, fifteen and sixteen of this act shall take
26 effect April 1, 2012, and shall expire and be deemed repealed September
27 1, 2015.
