New York A 6971: Relates to forensic DNA testing and to requests for certain DNA test comparisons

Bill Text

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A06971 Summary:

BILL NOA06971 

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SAME ASSAME AS S03166

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SPONSORCruz

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COSPNSR

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MLTSPNSR

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Amd §§995 - 995-d, Exec L; ren Art 23 §§860 & 861 to be Art 24 §§1000 & 1001, add Art 23 §§900 - 904, Judy L;
amd §§1.20, 190.65, 440.30 & 340.20, add §60.51, CP L; amd §8-b, Ct Claims Act; add §97-uuuu, St Fin L

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Establishes the minimum period of time that forensic samples should be retained by investigating authorities; creates the state commission for the integrity of the criminal justice system, as an independent agency, and provides for such commission's powers and duties; relates to special fictitious name indictments; relates to requests for certain DNA test comparisons; relates to forensic DNA testing; relates to claims for unjust conviction and imprisonment; relates to DNA testing, data collection and record keeping; relates to DNA testing in felony cases.

Go to top A06971 Actions:

BILL NOA06971 

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03/18/2025referred to codes

01/07/2026referred to codes

Go to topA06971 Committee&nbspVotes:

Go to topA06971 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06971 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6971

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 18, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the executive law, in relation to establishing the mini-
 mum period of time that forensic samples should be retained by inves-
 tigating authorities; in relation to appointments to the commission on
 forensic science; to amend the judiciary law, in relation to creating
 the state commission for the integrity of the criminal justice system,
 as an independent agency, and providing for such commission's powers
 and duties; to amend the criminal procedure law, in relation to
 special fictitious name indictments; to amend the executive law, in
 relation to requests for certain DNA test comparisons; to amend the
 criminal procedure law, in relation to forensic DNA testing; to amend
 the court of claims act, in relation to claims for unjust conviction
 and imprisonment; to amend the executive law and the criminal proce-
 dure law, in relation to DNA testing, confidentiality, data collection
 and record keeping; to amend the state finance law, in relation to
 establishing the DNA evidence fund; in relation to establishing the
 innocence research project program; to amend the criminal procedure
 law, in relation to electronic recordings of interrogations; and to
 amend the executive law, in relation to defining a designated offender

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph (ix) of paragraph (b) of subdivision 9 of
 2 section 995-b of the executive law, as added by chapter 737 of the laws
 3 of 1994, is amended and a new paragraph (c) is added to read as follows:
 4 (ix) such policy shall provide for the mutual exchange, use and stor-
 5 age of DNA records with the system of DNA identification utilized by the
 6 federal bureau of investigation provided that the commission determines
 7 that such exchange, use and storage are consistent with the provisions
 8 of this article and applicable provisions of law[.]; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06802-01-5

 A. 6971 2

 1 (c) within one year of the effective date of this paragraph, deter-
 2 mine, consistent with this article, the appropriate minimum period of
 3 time that forensic samples of blood, tissue and other biological materi-
 4 al, obtained in connection with the forensic examination of crime
 5 scenes, should be retained by investigating authorities and the time or
 6 specified event or events, if any, after which, consistent with the
 7 interest of all persons and law enforcement, such samples may be
 8 destroyed, and determine standards for the cataloging and maintaining
 9 records of such samples. Pending the promulgation of a policy address-
 10 ing the issues set forth in this paragraph, the commission may adopt an
 11 interim policy mandating the preservation