S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2675

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens. MORAHAN, PADAVAN, LARKIN -- 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  expanding  the  DNA
  identification index to include all felons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "All Felons DNA Identification Index Act".
  S 2. Legislative findings. The legislature hereby finds that the crime
of  rape  is horrific in its immediate and secondary consequences to the
victim which are often long term. When a rapist is unidentified, victims
of such rapist frequently experience a perceived sense of constant  fear
and dread wondering if the rapist will ever return.
  One  positive  method  to  improve  this state of uncertainty for rape
victims is the establishment of "All  Felons"  database  legislation  to
record and maintain the DNA of convicted felons to allow and attempt the
matching  of  such  DNA against that of known criminal offenders to seek
prosecution and confinement of those previously unidentified and  hidden
offenders.  The United States Congress has recognized and supported this
purpose by passing H.R. 5107 authorizing $1,000,000,000 to  help  states
pass  All Felons legislation and to complete DNA casework on hundreds of
thousands of unsolved homicide and rape cases. Therefore,  the  legisla-
ture  finds  it appropriate for the state to establish an All Felons DNA
Identification Index Act.
  S 3. Subdivision 7 of section 995 of the executive law, as amended  by
chapter 2 of the laws of 2006 and paragraph (a) as separately amended by
chapter 320 of the laws of 2006, is amended to read as follows:
  7. "Designated offender" means a person convicted of and sentenced for
[any  one  or  more  of  the  following  provisions of the penal law (a)
sections 120.05, 120.10,  and  120.11,  relating  to  assault;  sections
125.15  through  125.27  relating  to homicide; sections 130.25, 130.30,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08570-01-9
              

S. 2675                             2

130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70,  relating  to
sex  offenses;  sections  205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted  within
the  previous  five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to  incest,
a  violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree,  as  defined  in
section  110.00  and  section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal  law,  arson  in
the  first  degree,  as  defined  in  section  150.20  of the penal law,
burglary in the third degree, as defined in section 140.20 of the  penal
law,  attempted  burglary  in  the  third  degree, as defined in section
110.00 and section 140.20 of the penal law, a felony defined in  article
four  hundred  ninety  of  the  penal  law  relating to terrorism or any
attempt to commit an offense defined in such article relating to terror-
ism which is a felony;  or  (b)  criminal  possession  of  a  controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as  defined  in  section  220.18  of  the  penal law; criminal sale of a
controlled substance, as defined in article 220 of  the  penal  law;  or
grand  larceny  in  the fourth degree, as defined in subdivision five of
section 155.30 of the penal law; or (c)] (A) A  FELONY  DEFINED  IN  THE
PENAL  LAW OR A PERSON ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO ARTI-
CLE SEVEN HUNDRED TWENTY OF THE CRIMINAL  PROCEDURE  LAW  FOR  ANY  SUCH
FELONY;  OR  (B)  any  misdemeanor or felony defined as a sex offense or
sexually violent offense pursuant to paragraph (a), (b) or (c) of subdi-
vision two or paragraph (a) of subdivision three of section one  hundred
sixty-eight-a  of the correction law[; or (d) any of the following felo-
nies, or an attempt thereof where such attempt is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section  135.10
of the penal law; custodial interference in the first degree, as defined
in  section  135.50  of  the  penal  law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal  tamper-
ing  in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first  degree,  as  defined  in
section  145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law;  identity  theft  in  the
first  degree,  as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section  205.25  of
the  penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering  with  a  witness  in  the

S. 2675                             3

second  degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of  the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal  law;  bail
jumping  in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section  215.57  of
the penal law; patronizing a prostitute in the second degree, as defined
in  section  230.05  of  the  penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal  law;  promoting
prostitution  in  the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first  degree,  as  defined  in
section  230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law;  disseminating  indecent  materials  to
minors  in  the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree,  as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by  an  inmate,  as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45  of  the
penal  law;  unlawful  surveillance  in  the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law;  use  of  a
child in a sexual performance, as defined in section 263.05 of the penal
law;  promoting  an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene  sexual  perform-
ance  by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a  child,  as  defined  in
section  263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the  penal  law;  criminal
sale  of  a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to  a  minor,  as  defined  in
section  265.16  of  the  penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes  as  defined  in
section  485.05  of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined  in  the  penal
law  or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree  as  defined  in
section  120.00  of  the  penal law; attempted aggravated assault upon a
person less than eleven years old, as  defined  in  section  110.00  and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing  in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of  the  penal
law;  reckless  endangerment  in the second degree as defined in section
120.20 of the penal law; stalking in the fourth  degree  as  defined  in
section 120.45 of the penal law; stalking in the third degree as defined
in  section  120.50  of  the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section  120.55  of  the  penal
law;  forcible  touching  as  defined in section 130.52 of the penal law
regardless of the age of the victim; sexual abuse in the third degree as
defined in section 130.55 of the penal law regardless of the age of  the

S. 2675                             4

victim; unlawful imprisonment in the second degree as defined in section
135.05  of  the penal law regardless of the age of the victim; attempted
unlawful imprisonment in the first degree, as defined in section  110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal  trespass  in the second degree as defined in section 140.15 of
the penal law; possession of  burglar's  tools  as  defined  in  section
140.35  of  the penal law; petit larceny as defined in section 155.25 of
the penal law; endangering the welfare of a child as defined in  section
260.10  of  the  penal law; endangering the welfare of an incompetent or
physically disabled person as defined in section 260.25].
  S 4. Subdivision 3 of section 995-c of the executive law,  as  amended
by chapter 576 of the laws of 2004, is amended to read as follows:
  3. Any designated offender subsequent to conviction and sentencing for
a  crime  specified in subdivision seven of section nine hundred ninety-
five of this article, shall be required to provide a  sample  FROM  SUCH
PERSON'S  MOUTH  BY  USING  BUCCAL  SWABS, BY BLOOD DRAW OR BY ANY OTHER
METHOD APPROVED BY THE COMMISSION appropriate for DNA testing to  deter-
mine  identification  characteristics  specific to such person and to be
included in a state DNA identification index pursuant to this article.
  S 5. This act shall take effect immediately and shall apply to  desig-
nated  offenses committed on or after the effective date of this act, as
well as to designated offenses committed prior to the effective date  of
this act and after January 1, 2003 where service of the sentence imposed
upon  conviction  of the designated offense has not been completed prior
to the effective date of this act.