Assembly Bill A6944

2019-2020 Legislative Session

Authorizes DNA testing in certain additional circumstances

download bill text pdf

Sponsored By

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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2019-A6944 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.30, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5083
2011-2012: A1013
2013-2014: A3384
2015-2016: A2926
2017-2018: A3085

2019-A6944 (ACTIVE) - Summary

Authorizes DNA testing in certain additional circumstances.

2019-A6944 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6944
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 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.  Subparagraph  1  of  paragraph  (a) of subdivision 1-a of
 section 440.30 of the criminal procedure law, as amended by  chapter  19
 of the laws of 2012, is amended to read as follows:
   (1)  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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10332-01-9

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