2006 New York Code - State Dna Identification Index.

 
    § 995-c. State DNA identification index. 1. Following the promulgation
  of  a  policy  by the commission pursuant to subdivision nine of section
  nine hundred ninety-five-b of this article, the commissioner of criminal
  justice  services  is  authorized  to  promulgate   a   plan   for   the
  establishment  of  a  computerized state DNA identification index within
  the division of criminal justice services.
    2.  Following  the  review  and  approval  of  the  plan  by  the  DNA
  subcommittee  and  the  commission  and the filing of such plan with the
  speaker of the assembly and the temporary president of the  senate,  the
  commissioner  of  criminal  justice  services  is  hereby  authorized to
  establish a computerized state DNA identification index pursuant to  the
  provisions of this article.
    3. Any designated offender subsequent to conviction and sentencing for
  a   crime  specified  in  subdivision  seven  of  section  nine  hundred
  ninety-five of this article, shall  be  required  to  provide  a  sample
  appropriate  for DNA testing to determine identification characteristics
  specific to such person and to be included in a state DNA identification
  index pursuant to this article.
    4. The commissioner of the division of criminal justice  services,  in
  consultation  with  the  commission,  the  commissioner  of  health, the
  divisions of parole and of probation and correctional  alternatives  and
  the  department  of  correctional  services,  shall promulgate rules and
  regulations governing the procedures for notifying designated  offenders
  of the requirements of this section.
    5. The sample shall be collected, stored and forwarded to any forensic
  DNA  laboratory  which  has been authorized by the commission to perform
  forensic DNA testing  and  analysis  for  inclusion  in  the  state  DNA
  identification   index.  Such  laboratory  shall  promptly  perform  the
  requisite testing and analysis, and forward  the  resulting  DNA  record
  only  to  the  state  DNA  identification  index  in accordance with the
  regulations  of  the  division  of  criminal  justice   services.   Such
  laboratory  shall  perform  DNA  analysis  only for those markers having
  value for law enforcement identification purposes. For the  purposes  of
  this  article,  the  term  "marker"  shall  have  the  meaning generally
  ascribed to it by members of the scientific community experienced in the
  use of DNA technology.
    6. DNA records contained in the state DNA identification  index  shall
  be released only for the following purposes:
    (a)  to  a  federal law enforcement agency, or to a state or local law
  enforcement agency or district attorney's  office  for  law  enforcement
  identification  purposes  upon  submission of a DNA record in connection
  with the investigation of the commission of one or  more  crimes  or  to
  assist  in  the  recovery  or identification of specified human remains,
  including identification of missing persons, provided that there  exists
  between  the  division and such agency a written agreement governing the
  use and dissemination  of  such  DNA  records  in  accordance  with  the
  provisions of this article;
    (b)  for  criminal  defense  purposes,  to  a  defendant or his or her
  representative, who shall also  have  access  to  samples  and  analyses
  performed  in  connection  with  the  case  in  which  such defendant is
  charged;
    (c) after personally identifiable information has been removed by  the
  division,  to  an  entity  authorized by the division for the purpose of
  creating  or  maintaining  a  population  statistics  database  or   for
  identification  research  and  protocol  development  for  forensic  DNA
  analysis or quality control purposes.
    7. Requests for  DNA  records  must  be  in  writing,  or  in  a  form
  prescribed  by  the  division  authorized  by the requesting party, and,
  other than a request pursuant to paragraph (b)  of  subdivision  six  of
  this  section,  maintained on file at the state DNA identification index
  in accordance with rules and regulations promulgated by the commissioner
  of the division of criminal justice services.
    8.  The  defendant,  including the representative of a defendant, in a
  criminal action or proceeding shall have access to  information  in  the
  state  DNA  identification  index  relating  to  the  number of requests
  previously made for a comparison search and the name and identity of any
  requesting party.
    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
  enforcement  or police agency, or any forensic DNA laboratory, including
  any duplicates or copies thereof, at the  discretion  of  the  possessor
  thereof,  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
  circumstances of DNA records contained in the index.
    (b)  As  prescribed  in  this  paragraph,  if  an  individual,  either
  voluntarily or pursuant to a warrant or order of a court, has provided a
  sample  for  DNA  testing  in  connection  with  the  investigation   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 against the
  individual relating to such crime resulted  in  a  conviction  that  was
  subsequently  reversed  or  vacated,  or  for  which  the individual was
  granted 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 investigation 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, such
  record  and  any  samples,  analyses,  or  other documents 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 connection
  with the application for the order of expungement.