How S921 changes current law

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 995 of the executive law.

• Section 995 of the executive law

  him or her 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 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 him or her application for the order of his his his he that he that he or she that he him him himself he that he chapter and . chapter and . → 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 the penal law: sections 120.05, 120.06, 120.07, 120.10, 120.11 and 120.12, relating to assault; sections 120.55 and 120.60, relating to stalking; section 120.70, relat- ing to luring a child; sections 125.15, 125.20, 125.21, 125.22, 125.25, 125.26 and 125.27, relating to homicide; sections 130.25, 130.30, 130.35, 130.53, 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 and 130.96, relating to sex offenses; sections 135.10, 135.20, 135.25 and 135.35, relating to kidnapping and labor trafficking; sections 140.17, 140.20, 140.25 and 140.30, relating to burglary; sections 150.05, 150.10, 150.15 and 150.20, relating to arson; sections 155.30, 155.35, 155.40 and 155.42, relating to grand larceny; sections 160.05, 160.10 and 160.15, relating to robbery; section 230.34 relating to sex traf- ficking; sections 235.21 and 235.22, relating to dissemination of inde- cent material to minors; sections 250.45 and 250.50, relating to unlaw- ful surveillance; sections 255.25, 255.26, and 255.27, relating to incest; sections 263.05, 263.10, 263.11, 263.15, 263.16, and 263.30, relating to sexual performance by a child; or sections 265.02, 265.03, italics 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14 and 265.16, relating to firearms and other dangerous weapons. (c) A felony arrestee shall be required to provide a sample appropri- ate for DNA testing upon arrest, unless such felony arrestee has previ- ously provided a sample that is included in the state DNA identification 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 expunge any profiles which the division of criminal justice services determines should not be in the index. such individual , pursuant to paragraph (c) of subdivision three of this section, , arrest was commenced 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 c

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