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Wednesday, October 11, 2006
Bill Text   -   S08446
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                           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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