Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1479
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2009-S1479 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง30.10, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S2001
2013-2014: S1431
2009-S1479 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1479 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the statute of limitations in cases in which a DNA sample from a crime scene cannot be matched to an individual in the state DNA identification index PURPOSE : This bill would provide for tolling of the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence. SUMMARY OF PROVISIONS : Section one would amend paragraph (a) of subdivision 4 of section 30.10 of the Criminal Procedure Law to toll the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence. Section two provides that the bill would take effect immediately, provided, however, that the amendment to paragraph (a) of subdivision 4 of section 30.10 of the Criminal Procedure Law made by section one would apply to offenses where the applicable period of limitation, including any extension of such period of limitation pursuant to law in effect before such effective date, has not expired on such
2009-S1479 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1479 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sens. SKELOS, ALESI, BONACIC, FARLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON, LEIBELL, LITTLE, MARCELLINO, MAZIARZ, MORAHAN, SALAND, WINNER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the statute of limitations in cases in which a DNA sample from a crime scene cannot be matched to an individual in the state DNA identification index THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 4 of section 30.10 of the criminal procedure law is amended to read as follows: (a) Any period following the commission of the offense during which (i) the defendant was continuously outside this state or (ii) the where- abouts of the defendant were continuously unknown and continuously unas- certainable by the exercise of reasonable diligence OR (III) THE IDENTI- TY OF THE DEFENDANT WAS CONTINUOUSLY UNKNOWN AND A DEOXYRIBONUCLEIC ACID (DNA) RECORD OF THE DEFENDANTS GENETIC CODE, OBTAINED BY FORENSIC DNA TESTING OF EVIDENCE LOCATED AT A TIME OR PLACE RELEVANT TO THE COMMIS- SION OF THE OFFENSE, COULD NOT BE MATCHED TO AN INDIVIDUAL IDENTIFIED BY DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX BY THE EXER- CISE OF REASONABLE DILIGENCE. However, in no event shall the period of limitation be extended PURSUANT TO THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH by more than five years beyond the period otherwise applicable under subdivision two. S 2. This act shall take effect immediately; provided, however, that the amendment to paragraph (a) of subdivision 4 of section 30.10 of the criminal procedure law made by section one of this act shall apply to offenses where the applicable period of limitation, including any exten- sion of such period of limitation pursuant to law in effect before such effective date, has not expired on such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03391-01-9
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