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