See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
8446
I N S E N A T E
June 20, 2006
___________
Introduced by Sens. SKELOS, FLANAGAN, LEIBELL, ALESI, BALBONI, BONACIC,
BRUNO, DeFRANCISCO, FARLEY, FUSCHILLO, GOLDEN, HANNON, JOHNSON,
LARKIN, LAVALLE, LIBOUS, LITTLE, MALTESE, MARCELLINO, MARCHI, MAZIARZ,
MEIER, MORAHAN, NOZZOLIO, PADAVAN, RATH, ROBACH, SALAND, SEWARD,
SPANO, TRUNZO, VOLKER, WINNER, WRIGHT, YOUNG -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to DNA testing in felony
cases
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 576 of the laws of 2004, paragraph (a) as separately
3 amended by section 13 of part A of chapter 1 of the laws of 2004, para-
4 graph (d) as amended by chapter 91 of the laws of 2006, is amended to
5 read as follows:
6 7. "Designated offender" means a person convicted of and sentenced for
7 any one or more of the following provisions of the penal law (a)
8 sections 120.05, 120.10, and 120.11, relating to assault; sections
9 125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
10 130.35, 130.40, 130.45, 130.50, 130.67 and 130.70, relating to sex
11 offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to escape
12 and other offenses, where the offender has been convicted within the
13 previous five years of one of the other felonies specified in this
14 subdivision; or section 255.25, relating to incest, a violent felony
15 offense as defined in subdivision one of section 70.02 of the penal law,
16 attempted murder in the first degree, as defined in section 110.00 and
17 section 125.27 of the penal law, kidnapping in the first degree, as
18 defined in section 135.25 of the penal law, arson in the first degree,
19 as defined in section 150.20 of the penal law, burglary in the third
20 degree, as defined in section 140.20 of the penal law, attempted
21 burglary in the third degree, as defined in section 110.00 and section
22 140.20 of the penal law, a felony defined in article four hundred ninety
23 of the penal law relating to terrorism or any attempt to commit an
24 offense defined in such article relating to terrorism which is a felony;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD17384-06-6
S. 8446 2
1 or (b) criminal possession of a controlled substance in the first
2 degree, as defined in section 220.21 of the penal law; criminal
3 possession of a controlled substance in the second degree, as defined in
4 section 220.18 of the penal law; criminal sale of a controlled
5 substance, as defined in article 220 of the penal law; or grand larceny
6 in the fourth degree, as defined in subdivision five of section 155.30
7 of the penal law; or (c) any misdemeanor or felony defined as a sex
8 offense or sexually violent offense pursuant to paragraph (a), (b) or
9 (c) of subdivision two or paragraph (a) of subdivision three of section
10 one hundred sixty-eight-a of the correction law; or (d) any of the
11 following felonies, or an attempt thereof where such attempt is a felony
12 offense:
13 aggravated assault upon a person less than eleven years old, as
14 defined in section 120.12 of the penal law; menacing in the first
15 degree, as defined in section 120.13 of the penal law; reckless endan-
16 germent in the first degree, as defined in section 120.25 of the penal
17 law; stalking in the second degree, as defined in section 120.55 of the
18 penal law; criminally negligent homicide, as defined in section 125.10
19 of the penal law; vehicular manslaughter in the second degree, as
20 defined in section 125.12 of the penal law; vehicular manslaughter in
21 the first degree, as defined in section 125.13 of the penal law;
22 persistent sexual abuse, as defined in section 130.53 of the penal law;
23 aggravated sexual abuse in the fourth degree, as defined in section
24 130.65-a of the penal law; female genital mutilation, as defined in
25 section 130.85 of the penal law; facilitating a sex offense with a
26 controlled substance, as defined in section 130.90 of the penal law;
27 unlawful imprisonment in the first degree, as defined in section 135.10
28 of the penal law; custodial interference in the first degree, as defined
29 in section 135.50 of the penal law; criminal trespass in the first
30 degree, as defined in section 140.17 of the penal law; criminal tamper-
31 ing in the first degree, as defined in section 145.20 of the penal law;
32 tampering with a consumer product in the first degree, as defined in
33 section 145.45 of the penal law; robbery in the third degree as defined
34 in section 160.05 of the penal law; identity theft in the second degree,
35 as defined in section 190.79 of the penal law; identity theft in the
36 first degree, as defined in section 190.80 of the penal law; promoting
37 prison contraband in the first degree, as defined in section 205.25 of
38 the penal law; tampering with a witness in the third degree, as defined
39 in section 215.11 of the penal law; tampering with a witness in the
40 second degree, as defined in section 215.12 of the penal law; tampering
41 with a witness in the first degree, as defined in section 215.13 of the
42 penal law; criminal contempt in the first degree, as defined in subdivi-
43 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
44 criminal contempt, as defined in section 215.52 of the penal law; bail
45 jumping in the second degree, as defined in section 215.56 of the penal
46 law; bail jumping in the first degree, as defined in section 215.57 of
47 the penal law; patronizing a prostitute in the second degree, as defined
48 in section 230.05 of the penal law; patronizing a prostitute in the
49 first degree, as defined in section 230.06 of the penal law; promoting
50 prostitution in the second degree, as defined in section 230.30 of the
51 penal law; promoting prostitution in the first degree, as defined in
52 section 230.32 of the penal law; compelling prostitution, as defined in
53 section 230.33 of the penal law; disseminating indecent materials to
54 minors in the second degree, as defined in section 235.21 of the penal
55 law; disseminating indecent materials to minors in the first degree, as
56 defined in section 235.22 of the penal law; riot in the first degree, as
S. 8446 3
1 defined in section 240.06 of the penal law; criminal anarchy, as defined
2 in section 240.15 of the penal law; aggravated harassment of an employee
3 by an inmate, as defined in section 240.32 of the penal law; unlawful
4 surveillance in the second degree, as defined in section 250.45 of the
5 penal law; unlawful surveillance in the first degree, as defined in
6 section 250.50 of the penal law; endangering the welfare of a vulnerable
7 elderly person in the second degree, as defined in section 260.32 of the
8 penal law; endangering the welfare of a vulnerable elderly person in the
9 first degree, as defined in section 260.34 of the penal law; use of a
10 child in a sexual performance, as defined in section 263.05 of the penal
11 law; promoting an obscene sexual performance by a child, as defined in
12 section 263.10 of the penal law; possessing an obscene sexual perform-
13 ance by a child, as defined in section 263.11 of the penal law; promot-
14 ing a sexual performance by a child, as defined in section 263.15 of the
15 penal law; possessing a sexual performance by a child, as defined in
16 section 263.16 of the penal law; criminal possession of a weapon in the
17 third degree, as defined in section 265.02 of the penal law; criminal
18 sale of a firearm in the third degree, as defined in section 265.11 of
19 the penal law; criminal sale of a firearm to a minor, as defined in
20 section 265.16 of the penal law; unlawful wearing of a body vest, as
21 defined in section 270.20 of the penal law; hate crimes as defined in
22 section 485.05 of the penal law; and crime of terrorism, as defined in
23 section 490.25 of the penal law; OR (E) A FELONY DEFINED IN THE PENAL
24 LAW OR AN ATTEMPT THEREOF WHERE SUCH ATTEMPT IS A FELONY; OR (F) ANY OF
25 THE FOLLOWING MISDEMEANORS: ASSAULT IN THE THIRD DEGREE AS DEFINED IN
26 SECTION 120.00 OF THE PENAL LAW; ATTEMPTED AGGRAVATED ASSAULT UPON A
27 PERSON LESS THAN ELEVEN YEARS OLD, AS DEFINED IN SECTION 110.00 AND
28 SECTION 120.12 OF THE PENAL LAW; ATTEMPTED MENACING IN THE FIRST DEGREE,
29 AS DEFINED IN SECTION 110.00 AND SECTION 120.13 OF THE PENAL LAW; MENAC-
30 ING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF THE PENAL LAW;
31 MENACING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.15 OF THE PENAL
32 LAW; RECKLESS ENDANGERMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
33 120.20 OF THE PENAL LAW; STALKING IN THE FOURTH DEGREE AS DEFINED IN
34 SECTION 120.45 OF THE PENAL LAW; STALKING IN THE THIRD DEGREE AS DEFINED
35 IN SECTION 120.50 OF THE PENAL LAW; ATTEMPTED STALKING IN THE SECOND
36 DEGREE, AS DEFINED IN SECTION 110.00 AND SECTION 120.55 OF THE PENAL
37 LAW; FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF THE PENAL LAW
38 REGARDLESS OF THE AGE OF THE VICTIM; SEXUAL ABUSE IN THE THIRD DEGREE AS
39 DEFINED IN SECTION 130.55 OF THE PENAL LAW REGARDLESS OF THE AGE OF THE
40 VICTIM; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
41 135.05 OF THE PENAL LAW REGARDLESS OF THE AGE OF THE VICTIM; ATTEMPTED
42 UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, AS DEFINED IN SECTION 110.00
43 AND SECTION 135.10 OF THE PENAL LAW REGARDLESS OF THE AGE OF THE VICTIM;
44 CRIMINAL TRESPASS IN THE SECOND DEGREE AS DEFINED IN SECTION 140.15 OF
45 THE PENAL LAW; POSSESSION OF BURGLAR`S TOOLS AS DEFINED IN SECTION
46 140.35 OF THE PENAL LAW; PETIT LARCENY AS DEFINED IN SECTION 155.25 OF
47 THE PENAL LAW; ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION
48 260.10 OF THE PENAL LAW; ENDANGERING THE WELFARE OF AN INCOMPETENT OR
49 PHYSICALLY DISABLED PERSON AS DEFINED IN SECTION 260.25.
50 S 2. This act shall take effect immediately provided, however, that
51 paragraphs (e) and (f) of subdivision 7 of section 995 of the executive
52 law, as added by section one of this act, shall apply to designated
53 offenses committed on or after such effective date, as well as to desig-
54 nated offenses committed prior to such effective date, where service of
55 the sentence imposed upon conviction of such designated offense has not
56 been completed prior to such effective date.
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