Assembly Bill A1013

2011-2012 Legislative Session

Authorizes DNA testing in certain additional circumstances

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Archive: Last Bill Status - In Assembly 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

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2011-A1013 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5083
2013-2014: A3384
2015-2016: A2926
2017-2018: A3085
2019-2020: A6944

2011-A1013 (ACTIVE) - Summary

Authorizes DNA testing in certain additional circumstances.

2011-A1013 (ACTIVE) - Bill Text download pdf 

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

                                  1013

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section  1.  Paragraph (a) of subdivision 1-a of section 440.30 of the
criminal procedure law, as amended by chapter 138 of the laws  of  2004,
is amended to read as follows:
  (a)  Where the defendant's motion requests the performance of a foren-
sic DNA test on specified evidence, and upon the  court's  determination
that  any  evidence containing deoxyribonucleic acid ("DNA") was secured
in connection with the INVESTIGATION OR trial resulting in the judgment,
the court shall grant the application for forensic DNA testing  of  such
evidence upon its determination that if a DNA test had been conducted on
such  evidence,  and if the results had been AVAILABLE TO THE DEFENDANT,
OR THE RESULTS HAD BEEN admitted in the trial resulting in the judgment,
there exists a reasonable probability that the  DISPOSITION  OR  verdict
would have been more favorable to the defendant.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03473-01-1

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