Assembly Bill A5095

2023-2024 Legislative Session

Authorizes a court to order the division of criminal justice services to compare fingerprints of the defendant against the statewide database

download bill text pdf

Sponsored By

Current 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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2023-A5095 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.30, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10269
2013-2014: A6915
2015-2016: A1213
2017-2018: A2726
2019-2020: A2519
2021-2022: A2608

2023-A5095 (ACTIVE) - Summary

Authorizes a court to order the division of criminal justice services to compare fingerprints of the defendant against the statewide database.

2023-A5095 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5095
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M. of A. LAVINE, COLTON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  the  compar-
   ison of fingerprints
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 440.30 of the criminal procedure law is amended  by
 adding a new subdivision 1-b to read as follows:
   1-B.  IN  RESPONSE TO A MOTION UNDER THIS SECTION, THE COURT MAY ORDER
 THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  TO  COMPARE  A  FINGERPRINT
 OBTAINED  IN  CONNECTION  WITH  THE  INVESTIGATION OR PROSECUTION OF THE
 DEFENDANT AGAINST THE  STATEWIDE  AUTOMATED  FINGERPRINT  IDENTIFICATION
 SYSTEM,  OR  ITS SUCCESSOR SYSTEM, AND THE NATIONAL INTEGRATED AUTOMATED
 FINGERPRINT IDENTIFICATION SYSTEM, OR ITS  SUCCESSOR  SYSTEM,  UPON  THE
 COURT'S  DETERMINATION  THAT  (1) SUCH FINGERPRINT COMPLIES WITH FEDERAL
 BUREAU OF INVESTIGATION OR STATE REQUIREMENTS, WHICHEVER ARE  APPLICABLE
 AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING
 SUCH  A COMPARISON AND (2) IF SUCH COMPARISON HAD BEEN CONDUCTED, AND IF
 THE RESULTS HAD BEEN ADMITTED IN THE TRIAL RESULTING IN THE JUDGMENT,  A
 REASONABLE  PROBABILITY  EXISTS  THAT  THE  VERDICT WOULD HAVE BEEN MORE
 FAVORABLE TO THE DEFENDANT, OR IN A CASE INVOLVING A PLEA OF GUILTY,  IF
 THE  RESULTS  HAD  BEEN  AVAILABLE TO THE DEFENDANT PRIOR TO THE PLEA, A
 REASONABLE  PROBABILITY  EXISTS  THAT  THE  CONVICTION  WOULD  NOT  HAVE
 RESULTED.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02733-01-3

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