Bill Text: NY S01725 | 2017-2018 | 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 deceased persons or unidentified body parts 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S01725 Detail]

Download: New_York-2017-S01725-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1725
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        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
     2  amended by chapter 153 of the laws  of  2016,  is  amended  to  read  as
     3  follows:
     4    1.  Every  county  medical examiner and coroner shall promptly furnish
     5  the division and the National Missing and  Unidentified  Persons  System
     6  created  by  the  Office  of  Justice  Program's  National  Institute of
     7  Justice, with copies of fingerprints on standardized eight inch by eight
     8  inch fingerprint cards or the equivalent digital  image,  shall  furnish
     9  the  New York state police forensic laboratory promptly with DNA samples
    10  of deceased persons or unidentified body parts, for the purpose of clas-
    11  sification, which samples shall then be forwarded by  the  state  police
    12  forensic  laboratory  to  the division for the purpose of comparison and
    13  filing,  and  shall  furnish  the  division   promptly   with   personal
    14  descriptions  and  other  identifying  data, including date and place of
    15  death, of all deceased persons whose  deaths  are  in  a  classification
    16  requiring  inquiry by the medical examiner or coroner where the deceased
    17  is not identified or the medical examiner or coroner  is  not  satisfied
    18  with  the  decedent's  identification.  The division shall promptly make
    19  available personal descriptions and other  identifying  data,  including
    20  date and place of death, of such deceased persons to all law enforcement
    21  agencies  in  the  state,  and upon request, to law enforcement agencies
    22  outside of the state.  The division shall forward such records regarding
    23  such deceased persons or unidentified body parts to the  National  Crime
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06067-01-7
        S. 1725                             2
     1  Information  Center  upon  such  center adopting a policy to accept such
     2  records.
     3    §  2.  Subdivision  4 of section 838 of the executive law, as added by
     4  chapter 670 of the laws of 1982, is amended to read as follows:
     5    4. The  division  shall  compare  the  fingerprints  and  DNA  samples
     6  received  from  the county medical examiners or coroners to fingerprints
     7  and DNA band patterns on file with the division for purposes of attempt-
     8  ing to determine the identity of the deceased.  Other  descriptive  data
     9  supplied  with  the fingerprints shall also be compared to records main-
    10  tained by the division concerning missing persons.  The  division  shall
    11  submit the results of the comparisons to the appropriate medical examin-
    12  er  or coroner and if a tentative or positive identification is made, to
    13  the law enforcement authority which submitted the report of the  missing
    14  person.
    15    §  3.  Section  995-d  of the executive law is amended by adding a new
    16  subdivision 3 to read as follows:
    17    3. All records, findings, reports and results of DNA testing performed
    18  pursuant to subdivision one or four of  section  eight  hundred  thirty-
    19  eight  of  this  chapter  shall  be  subject  to  the provisions of this
    20  section, and shall be treated in a manner consistent  with  subdivisions
    21  five, six, seven and eight of section nine hundred ninety-five-c of this
    22  article.
    23    §  4.  This  act  shall take effect on the first of the calendar month
    24  next succeeding the sixtieth day after it shall have become a law.