S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10057
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation  to requiring individuals arrested in connection with certain
   felonies to submit a DNA sample
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 995 of the executive law is amended by adding a new
 subdivision 7-a to read as follows:
   7-A.  "FELONY  ARRESTEE"  MEANS A PERSON ARRESTED AND CHARGED WITH ANY
 ONE OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE  SUCH
 ATTEMPT  IS  A  FELONY  OFFENSE,  AS DEFINED IN SECTIONS 130.25, 130.30,
 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.66, 130.67,  130.70,
 130.75,  130.80,  130.95  AND  130.96  OF THE PENAL LAW, RELATING TO SEX
 OFFENSES; AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD.
   § 2. Subdivision 3 of section 995-c of the executive law is amended by
 adding four new paragraphs (c), (d), (e) and (f) to read as follows:
   (C) A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE  APPROPRI-
 ATE  FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY ARRESTEE
 HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN-
 TIFICATION INDEX.
   (D) A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR  FELONY
 ARRESTEE  WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED SHALL
 SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER
 WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
   (E) THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON  BASED
 UPON  DNA  RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION INDEX SHALL
 NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES INADVERTENTLY, BUT  IN  GOOD  FAITH,  COLLECTED  OR
 PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
   (F)  THE  COMMISSIONER  OF  CRIMINAL JUSTICE SERVICES SHALL PROMULGATE
 RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI-
 CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES
 THAT SHOULD NOT BE IN  THE  INDEX,  INCLUDING  THE  STEPS  NECESSARY  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10632-01-1
 A. 10057                            2
 
 EXPUNGE  ANY  PROFILES  WHICH  THE DIVISION OF CRIMINAL JUSTICE SERVICES
 DETERMINES SHOULD NOT BE IN THE INDEX.
   §  3.  Subdivision 9 of section 995-c of the executive law, as amended
 by chapter 524 of the laws of 2002, is amended to read as follows:
   9. (a) Upon receipt of notification of a reversal or a  vacatur  of  a
 conviction,  or of the granting of a pardon pursuant to article two-A of
 this chapter, of an individual whose DNA record has been stored  in  the
 state  DNA  identification  index in accordance with this article by the
 division of criminal justice services, the DNA record shall be  expunged
 from  the  state DNA identification index, and such individual may apply
 to the court in which the judgment of conviction was originally  entered
 for  an  order  directing  the  expungement  of  any  DNA record and any
 samples, analyses, or other documents relating to  the  DNA  testing  of
 such  individual  in connection with the investigation or prosecution of
 the crime which resulted in the conviction that was reversed or  vacated
 or for which the pardon was granted. A copy of such application shall be
 served  on  the district attorney and an order directing expungement may
 be granted  if  the  court  finds  that  all  appeals  relating  to  the
 conviction  have  been  concluded;  that  such  individual  will  not be
 retried, or, if a retrial has occurred, the trier of fact has rendered a
 verdict of complete acquittal, and that expungement will  not  adversely
 affect  the investigation or prosecution of some other person or persons
 for the crime. The division shall,  by  rule  or  regulation,  prescribe
 procedures to ensure that the DNA record in the state DNA identification
 index,  and  any  samples, analyses, or other documents relating to such
 record, whether in the possession of the division, or any  law  enforce-
 ment  or  police  agency,  or any forensic DNA laboratory, including any
 duplicates or copies thereof, at the discretion of the possessor  there-
 of,  are  either  destroyed  or  returned  to such individual, or to the
 attorney who represented him or her at the time such  reversal,  vacatur
 or  pardon,  was  granted. The commissioner shall also adopt by rule and
 regulation a procedure for the expungement in other appropriate  circum-
 stances of DNA records contained in the index.
   (b)  As  prescribed in this paragraph, if an individual, either volun-
 tarily, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS  SECTION,
 or  pursuant to a warrant or order of a court, has provided a sample for
 DNA testing in connection with the investigation, ARREST or  prosecution
 of a crime and (i) no criminal action against the individual relating to
 such crime was commenced within the period specified by section 30.10 of
 the  criminal  procedure  law,  or  (ii) a criminal action was commenced
 against the individual relating  to  such  crime  which  resulted  in  a
 complete acquittal, or (iii) a criminal action WAS COMMENCED against the
 individual  relating  to  such  crime [resulted in a conviction that was
 subsequently reversed or vacated, or for which the individual was grant-
 ed a pardon pursuant to article two-A of this chapter,  such  individual
 may  apply  to  the  supreme court or the court in which the judgment of
 conviction was originally entered for an order directing the expungement
 of any DNA record and any samples, analyses, or other documents relating
 to the DNA testing of such individual in connection  with  the  investi-
 gation or prosecution of such crime. A copy of such application shall be
 served  on  the district attorney and an order directing expungement may
 be granted if the court finds that  the  individual  has  satisfied  the
 conditions  of  one  of  the  subparagraphs of this paragraph; that if a
 judgment of conviction was reversed or  vacated,  all  appeals  relating
 thereto  have been concluded and the individual will not be retried, or,
 if a retrial has occurred, the trier of fact has rendered a  verdict  of
 A. 10057                            3

 complete  acquittal,  and that expungement will not adversely affect the
 investigation or prosecution of some other person  or  persons  for  the
 crime.  If  an order directing the expungement of any DNA record and any
 samples, analyses or other documents relating to the DNA testing of such
 individual  is  issued]  WHICH  WAS  RESOLVED BY A DISMISSAL, SUCCESSFUL
 COMPLETION  OF  A  PRE-PROSECUTION  DIVERSION  PROGRAM,  OR  CONDITIONAL
 DISCHARGE  OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA COLLECTION
 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS  ARTICLE,  THE  DNA
 RECORD  SHALL  BE  EXPUNGED  FROM THE STATE DNA IDENTIFICATION INDEX. AN
 INDIVIDUAL MAY REQUEST EXPUNGEMENT OF ANY DNA RECORD  AND  ANY  SAMPLES,
 ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID-
 UAL  BY  PROVIDING  THE  FOLLOWING MATERIALS TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES:
   (1) A WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND  DNA  RECORDS;
 AND
   (2)  A  CERTIFIED  COPY  OF  THE DISMISSAL, SUCCESSFUL COMPLETION OF A
 PRE-PROSECUTION DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE,  MISDEMEA-
 NOR CONVICTION OR ACQUITTAL; AND
   (3)  A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH JURIS-
 DICTION OVER THE MATTER THAT: THE CASE WAS DISMISSED; A  PRE-PROSECUTION
 DIVERSION  PROGRAM  OR  CONDITIONAL  DISCHARGE,  MISDEMEANOR  CONVICTION
 EXCLUDED FROM DNA COLLECTION PURSUANT TO SECTION  NINE  HUNDRED  NINETY-
 FIVE  OF THIS ARTICLE OR ACQUITTAL OCCURRED; NO FELONY CHARGES AROSE OUT
 OF THE ARREST; OR NO CRIMINAL ACTION AGAINST THE INDIVIDUAL RELATING  TO
 SUCH CRIME WAS COMMENCED WITHIN THE PERIOD SPECIFIED BY SECTION 30.10 OF
 THE  CRIMINAL  PROCEDURE  LAW;  AND  THAT EXPUNGEMENT WILL NOT ADVERSELY
 AFFECT THE INVESTIGATION OR PROSECUTION OF SOME OTHER PERSON OR  PERSONS
 FOR THE CRIME.
   (C)  IF  EXPUNGEMENT  IS WARRANTED PURSUANT TO PARAGRAPH (A) OR (B) OF
 THIS SUBDIVISION, such record and any samples, analyses, or other  docu-
 ments shall, at the discretion of the possessor thereof, be destroyed or
 returned  to  such  individual or to the attorney who represented him or
 her IN THE CRIMINAL ACTION OR in connection with  the  [application  for
 the order of] REQUEST FOR expungement.
   (D)  NO  EXPUNGEMENT  SHALL BE GRANTED WHERE AN INDIVIDUAL HAS A PRIOR
 CONVICTION REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR  WHICH
 COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA-
 GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   § 4. Subdivision 6 of section 120.90 of the criminal procedure law, as
 amended  by section 16 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   6. Before bringing a defendant arrested pursuant to a  warrant  before
 the local criminal court or youth part of a superior court in which such
 warrant  is  returnable, a police officer must without unnecessary delay
 perform all fingerprinting and other preliminary police duties  required
 in  the  particular  case.  In  any  case  in which the defendant is not
 brought by a police officer before such court but, following his  arrest
 in another county for an offense specified in subdivision one of section
 160.10  OF  THIS  TITLE,  is  released by a local criminal court of such
 other county on his own recognizance or on bail for his appearance on  a
 specified  date before the local criminal court before which the warrant
 is returnable, the latter court must, upon arraignment of the  defendant
 before it, direct that he be fingerprinted AND HAVE A SAMPLE APPROPRIATE
 FOR  DNA  TESTING  TAKEN,  IF  REQUIRED PURSUANT TO SECTION NINE HUNDRED
 NINETY-FIVE-C OF THE EXECUTIVE LAW, by the appropriate officer or  agen-
 A. 10057                            4
 
 cy,  and  that he appear at an appropriate designated time and place for
 such purpose.
   § 5. Section 130.60 of the criminal procedure law, as amended by chap-
 ter  95  of the laws of 1991, subdivision 1 as amended by chapter 446 of
 the laws of 1993, is amended to read as follows:
 § 130.60 Summons; fingerprinting of defendant.
   1. Upon the arraignment of a defendant whose court attendance has been
 secured by the issuance and service of a summons, based upon an  indict-
 ment,   a  prosecutor's  information  or  upon  an  information,  felony
 complaint or misdemeanor complaint filed  by  a  complainant  who  is  a
 police  officer, the court must, if an offense charged in the accusatory
 instrument is one specified in subdivision one of section 160.10 OF THIS
 TITLE, direct that the defendant be  fingerprinted  by  the  appropriate
 police  officer  or  agency, and that he or she appear at an appropriate
 designated time and place for such purpose.   IF AN OFFENSE  CHARGED  IN
 THE  ACCUSATORY  INSTRUMENT  IS  ONE SPECIFIED IN SUBDIVISION SEVEN-A OF
 SECTION NINE HUNDRED NINETY-FIVE OF THE EXECUTIVE LAW,  THE  COURT  MUST
 DIRECT  THAT  A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND THAT HE
 OR SHE APPEAR AT AN APPROPRIATE  DESIGNATED  TIME  AND  PLACE  FOR  SUCH
 PURPOSE.
   2. Upon the arraignment of a defendant whose court attendance has been
 secured  by the issuance and service of a summons based upon an informa-
 tion or misdemeanor complaint filed by a complainant who is not a police
 officer, and who has not previously been fingerprinted OR  FROM  WHOM  A
 DNA  SAMPLE  HAS  NOT PREVIOUSLY BEEN TAKEN AND WAS REQUIRED PURSUANT TO
 SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court  may,
 if it finds reasonable cause to believe that the defendant has committed
 an offense specified in subdivision one of section 160.10 OF THIS TITLE,
 direct  that  the defendant be fingerprinted AND/OR HAVE A SAMPLE APPRO-
 PRIATE FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED  NINE-
 TY-FIVE-C  OF  THE  EXECUTIVE  LAW, by the appropriate police officer or
 agency and that he appear at an appropriate designated  time  and  place
 for such purpose. A defendant whose court appearance has been secured by
 the  issuance and service of a criminal summons based upon a misdemeanor
 complaint or information filed by a complainant  who  is  not  a  police
 officer,  must  be directed by the court, upon conviction of the defend-
 ant, to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR  DNA  TESTING
 TAKEN,  IF  REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECU-
 TIVE LAW, by the appropriate police officer or agency and the court must
 also direct that the defendant appear at an appropriate designated  time
 and place for such purpose, if the defendant is convicted of any offense
 specified in subdivision one of section 160.10 OF THIS TITLE.
   § 6. Subdivision 5 of section 140.20 of the criminal procedure law, as
 amended  by  chapter  762  of  the  laws  of 1971, is amended to read as
 follows:
   5. Before service of an appearance  ticket  upon  an  arrested  person
 pursuant to subdivision two or three OF THIS SECTION, the issuing police
 officer must, if the offense designated in such appearance ticket is one
 of  those  specified in subdivision one of section 160.10 OF THIS TITLE,
 cause such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE  FOR
 DNA  TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF
 THE EXECUTIVE LAW, in the same manner  as  would  be  required  were  no
 appearance ticket to be issued or served.
   § 7. Subdivision 2 of section 140.27 of the criminal procedure law, as
 amended  by section 21 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
 A. 10057                            5
 
   2. Upon arresting a person without a warrant, a peace officer,  except
 as  otherwise  provided in subdivision three or three-a OF THIS SECTION,
 must without unnecessary delay bring him or  cause  him  to  be  brought
 before  a local criminal court, as provided in section 100.55 and subdi-
 vision one of section 140.20 OF THIS TITLE, and must without unnecessary
 delay  file  or  cause  to  be filed therewith an appropriate accusatory
 instrument. If the offense which is the subject of the arrest is one  of
 those  specified in subdivision one of section 160.10 OF THIS TITLE, the
 arrested person must be  fingerprinted  and  photographed,  AND  HAVE  A
 SAMPLE  APPROPRIATE  FOR  DNA  TESTING TAKEN IF REQUIRED BY SECTION NINE
 HUNDRED NINETY-FIVE-C OF THE EXECUTIVE  LAW,  as  therein  provided.  In
 order  to  execute  the  required  post-arrest functions, such arresting
 peace officer may perform such functions himself or he  may  enlist  the
 aid  of  a  police  officer  for  the  performance thereof in the manner
 provided in subdivision one of section 140.20 OF THIS ARTICLE.
   § 8. Section 150.70 of the criminal procedure law, as amended by chap-
 ter 762 of the laws of 1971, is amended to read as follows:
 § 150.70  Appearance ticket; fingerprinting AND DNA ANALYSIS  SAMPLE  of
              defendant.
   Upon  the  arraignment  of  a  defendant who has not been arrested and
 whose court attendance has been secured by the issuance and  service  of
 an  appearance  ticket  pursuant to subdivision one of section 150.20 OF
 THIS ARTICLE, the court must, if an offense charged  in  the  accusatory
 instrument is one specified in subdivision one of section 160.10 OF THIS
 TITLE,  direct  that  the defendant be fingerprinted   AND HAVE A SAMPLE
 APPROPRIATE FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE  HUNDRED
 NINETY-FIVE-C  OF THE EXECUTIVE LAW by the appropriate police officer or
 agency, and that he appear at an appropriate designated time  and  place
 for such purpose.
   § 9. Section 160.20 of the criminal procedure law, as amended by chap-
 ter 108 of the laws of 1973, is amended to read as follows:
 §  160.20  Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
              prints AND DNA ANALYSIS SAMPLE.
   1. Upon the taking of fingerprints of an arrested person or  defendant
 as  prescribed in section 160.10 OF THIS ARTICLE, the appropriate police
 officer or agency must without unnecessary delay forward two  copies  of
 such fingerprints to the division of criminal justice services.
   2.   UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE APPROPRIATE
 POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD
 SUCH DNA SAMPLE TO A FORENSIC DNA LABORATORY FOR  FORENSIC  DNA  TESTING
 AND  ANALYSES,  AND  INCLUSION  IN THE STATE DNA IDENTIFICATION INDEX IN
 ACCORDANCE WITH SUBDIVISION FIVE OF SECTION NINE  HUNDRED  NINETY-FIVE-C
 OF THE EXECUTIVE LAW.
   § 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
 criminal  procedure  law, paragraph (d) as amended by chapter 449 of the
 laws of 2015 and paragraph (e) as amended by chapter 169 of the laws  of
 1994, are amended and a new paragraph (f) is added to read as follows:
   (d)  such  records shall be made available to the person accused or to
 such person's designated agent, and shall be made  available  to  (i)  a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant  to  section 170.56 or 210.46 of this [chapter] PART, or (ii) a
 law enforcement agency upon ex parte motion in any superior court, or in
 any district court, city court or the criminal court of the city of  New
 York  provided  that such court sealed the record, if such agency demon-
 strates to the satisfaction of the court that justice requires that such
 records be made available to it, or (iii) any state or local officer  or
 A. 10057                            6
 
 agency with responsibility for the issuance of licenses to possess guns,
 when  the  accused  has made application for such a license, or (iv) the
 New York state department of corrections and community supervision  when
 the  accused is on parole supervision as a result of conditional release
 or a parole release granted by the New York state board of  parole,  and
 the  arrest  which  is  the subject of the inquiry is one which occurred
 while the accused was under such supervision,  or  (v)  any  prospective
 employer of a police officer or peace officer as those terms are defined
 in  subdivisions  thirty-three  and  thirty-four of section 1.20 of this
 chapter, in relation to an application for employment as a police  offi-
 cer  or  peace  officer;  provided, however, that every person who is an
 applicant for the position of police officer or peace officer  shall  be
 furnished  with  a copy of all records obtained under this paragraph and
 afforded an opportunity to make an  explanation  thereto,  or  (vi)  the
 probation department responsible for supervision of the accused when the
 arrest  which  is the subject of the inquiry is one which occurred while
 the accused was under such supervision; [and]
   (e) where fingerprints subject to the provisions of this section  have
 been received by the division of criminal justice services and have been
 filed  by  the  division as digital images, such images may be retained,
 provided that a fingerprint card of the individual is on file  with  the
 division which was not sealed pursuant to this section or section 160.55
 of this article[.]; AND
   (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
 ANT  TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND ANY
 DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER  DOCUMENTS
 RELATING  TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
 ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
   § 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
 criminal procedure law, paragraph (d) as amended by chapter 449  of  the
 laws  of 2015 and paragraph (e) as amended by chapter 169 of the laws of
 1994, are amended and a new paragraph (f) is added to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be made available to the person accused or to such  person's  designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in  which  the accused has moved for an order pursuant to section 170.56
 or 210.46 of this [chapter] PART, or (ii) a law enforcement agency  upon
 ex  parte  motion  in any superior court, or in any district court, city
 court or the criminal court of the city of New York provided  that  such
 court sealed the record, if such agency demonstrates to the satisfaction
 of  the  court that justice requires that such records be made available
 to it, or (iii) any state or local officer or agency with responsibility
 for the issuance of licenses to possess guns, when the accused has  made
 application for such a license, or (iv) the New York state department of
 corrections  and  community supervision when the accused is under parole
 supervision as a result of conditional release or parole release granted
 by the New York state board of  parole  and  the  arrest  which  is  the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision  of  the  accused  when  the  arrest  which is the subject of the
 inquiry is one which occurred while the accused was  under  such  super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality
 and  parole  department,  for  law  enforcement purposes, upon arrest in
 instances in which the individual stands convicted of harassment in  the
 second  degree, as defined in section 240.26 of the penal law, committed
 A. 10057                            7
 
 against a member of the same family or household as  the  defendant,  as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined  pursuant  to subdivision eight-a of section 170.10 of this title;
 [and]
   (e)  where fingerprints subject to the provisions of this section have
 been received by the division of criminal justice services and have been
 filed by the division as digital images, such images  may  be  retained,
 provided  that  a fingerprint card of the individual is on file with the
 division which was not sealed pursuant to this section or section 160.50
 of this article[.]; AND
   (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
 ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY  DNA
 RECORD  RELATING  TO  SUCH  SAMPLE,  AND ANY ANALYSES OR OTHER DOCUMENTS
 RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED  IN
 ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.