Senate Bill S2002

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

                                  2002

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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  including  the
  conviction  of  any  offense which requires the taking of fingerprints
  upon arrest,  within  the  definition  of  "designated  offender"  for
  purposes of 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 (f) of subdivision 7 of section 995 of the execu-
tive law, as amended by chapter 405 of the laws of 2010, is amended  and
a new paragraph (g) is added to read as follows:
  (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;  menacing  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; criminal obstruction of breathing  or  blood  circulation  as
defined in section 121.11 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 victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law  regard-
less  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06222-01-1
              

S. 2002                             2

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; endan-
gering the welfare of an incompetent or physically  disabled  person  as
defined in section 260.25 of the penal law; OR (G) ANY OTHER OFFENSE FOR
WHICH  THE FINGERPRINTS OF THE DEFENDANT OR ARRESTED PERSON ARE REQUIRED
TO BE TAKEN PURSUANT TO SUBDIVISION ONE OF SECTION 160.10 OF THE  CRIMI-
NAL PROCEDURE LAW.
  S  2. This act shall take effect immediately; provided, that paragraph
(g) of subdivision 7 of section 995 of the executive law,  as  added  by
section one of this act, shall apply to designated offenses committed on
or  after such effective date, as well as to designated offenses commit-
ted prior to such effective date, where service of the sentence  imposed
upon  conviction of such designated offense has not been completed prior
to such effective date.