2010 New York Code
EXC - Executive
Article 49-B - (995 - 995-F) COMMISSION ON FORENSIC SCIENCE AND ESTABLISHMENT OF DNA IDENTIFICATION INDEX
995 - Definitions.

§ 995. Definitions. When used in this article, the following words and
  terms shall have the meanings ascribed to them in this section:
    1.  For  purposes  of  general  forensic  analysis  the term "forensic
  laboratory" shall mean any laboratory operated by the state or  unit  of
  local  government  that  performs  forensic  testing  on  evidence  in a
  criminal investigation or proceeding or for purposes  of  identification
  provided,  however,  that  the  examination  of latent fingerprints by a
  police agency shall not be subject to the provisions of this article.
    2. For purposes of forensic  DNA  analysis,  the  term  "forensic  DNA
  laboratory"  shall mean any forensic laboratory operated by the state or
  unit of local government, that performs forensic DNA  testing  on  crime
  scenes or materials derived from the human body for use as evidence in a
  criminal  proceeding  or  for  purposes  of  identification and the term
  "forensic DNA testing" shall mean any test that  employs  techniques  to
  examine  deoxyribonucleic acid (DNA) derived from the human body for the
  purpose of providing information to resolve  issues  of  identification.
  Regulation  pursuant  to  this  article shall not include DNA testing on
  materials derived from the human body pursuant to title five of  article
  five  of the public health law for the purpose of determining a person's
  genetic disease or medical condition and shall not include a  laboratory
  operated by the federal government.
    3.  "DNA  testing  methodology"  means  methods and procedures used to
  extract and analyze DNA material, as well as  the  methods,  procedures,
  assumptions,  and  studies  used to draw statistical inferences from the
  test results.
    4. "Blind external proficiency testing" means a test  sample  that  is
  presented  to  a  forensic laboratory for forensic DNA testing through a
  second agency, and which appears to  the  analysts  to  involve  routine
  evidence submitted for forensic DNA testing.
    5. "DNA" means deoxyribonucleic acid.
    6.  "State  DNA  identification  index"  means  the DNA identification
  record system for New York state established pursuant to this article.
    7. "Designated offender" means a person convicted of and sentenced for
  any one or more of  the  following  provisions  of  the  penal  law  (a)
  sections  120.05,  120.10,  and  120.11,  relating  to assault; sections
  125.15 through 125.27 relating to  homicide;  sections  130.25,  130.30,
  130.35,  130.40,  130.45, 130.50, 130.65, 130.67 and 130.70, relating to
  sex offenses; sections 205.10, 205.15, 205.17 and  205.19,  relating  to
  escape  and other offenses, where the offender has been convicted within
  the previous five years of one of the other felonies specified  in  this
  subdivision;  or sections 255.25, 255.26 and 255.27, relating to incest,
  a violent felony offense as defined in subdivision one of section  70.02
  of  the  penal  law, attempted murder in the first degree, as defined in
  section 110.00 and section 125.27 of the penal law,  kidnapping  in  the
  first  degree,  as  defined in section 135.25 of the penal law, arson in
  the first degree, as  defined  in  section  150.20  of  the  penal  law,
  burglary  in the third degree, as defined in section 140.20 of the penal
  law, attempted burglary in the  third  degree,  as  defined  in  section
  110.00  and section 140.20 of the penal law, a felony defined in article
  four hundred ninety of the  penal  law  relating  to  terrorism  or  any
  attempt  to  commit  an  offense  defined  in  such  article relating to
  terrorism which is a felony; or (b) criminal possession of a  controlled
  substance in the first degree, as defined in section 220.21 of the penal
  law; criminal possession of a controlled substance in the second degree,
  as  defined  in  section  220.18  of  the  penal law; criminal sale of a
  controlled substance, as defined in article 220 of  the  penal  law;  or
  grand  larceny  in  the fourth degree, as defined in subdivision five of
  section 155.30 of the penal  law;  or  (c)  any  misdemeanor  or  felony

defined  as  a  sex  offense  or  sexually  violent  offense pursuant to
  paragraph (a), (b) or  (c)  of  subdivision  two  or  paragraph  (a)  of
  subdivision three of section one hundred sixty-eight-a of the correction
  law;  or  (d) any of the following felonies, or an attempt thereof where
  such attempt is a felony offense:
    aggravated assault upon a  person  less  than  eleven  years  old,  as
  defined  in  section  120.12  of  the  penal  law; menacing in the first
  degree, as  defined  in  section  120.13  of  the  penal  law;  reckless
  endangerment  in  the  first degree, as defined in section 120.25 of the
  penal law; stalking in the second degree, as defined in  section  120.55
  of  the  penal law; criminally negligent homicide, as defined in section
  125.10 of the penal law; vehicular manslaughter in the second degree, as
  defined in section 125.12 of the penal law;  vehicular  manslaughter  in
  the  first  degree,  as  defined  in  section  125.13  of the penal law;
  persistent sexual abuse, as defined in section 130.53 of the penal  law;
  aggravated  sexual  abuse  in  the  fourth degree, as defined in section
  130.65-a of the penal law; female  genital  mutilation,  as  defined  in
  section  130.85  of  the  penal  law;  facilitating a sex offense with a
  controlled substance, as defined in section 130.90  of  the  penal  law;
  unlawful  imprisonment in the first degree, as defined in section 135.10
  of the penal law; custodial interference in the first degree, as defined
  in section 135.50 of the penal  law;  criminal  trespass  in  the  first
  degree,  as  defined  in  section  140.17  of  the  penal  law; criminal
  tampering in the first degree, as defined in section 145.20 of the penal
  law; tampering with a consumer product in the first degree,  as  defined
  in  section  145.45  of  the  penal  law; robbery in the third degree as
  defined in section 160.05 of the penal law; identity theft in the second
  degree, as defined in section 190.79 of the penal law; identity theft in
  the first degree, as  defined  in  section  190.80  of  the  penal  law;
  promoting  prison  contraband in the first degree, as defined in section
  205.25 of the penal law; tampering with a witness in the  third  degree,
  as  defined in section 215.11 of the penal law; tampering with a witness
  in the second degree, as defined in section 215.12  of  the  penal  law;
  tampering  with  a  witness  in  the first degree, as defined in section
  215.13 of the penal law; criminal  contempt  in  the  first  degree,  as
  defined  in subdivisions (b), (c) and (d) of section 215.51 of the penal
  law; aggravated criminal contempt, as defined in section 215.52  of  the
  penal  law;  bail  jumping  in  the second degree, as defined in section
  215.56 of the penal law; bail jumping in the first degree, as defined in
  section 215.57 of the penal law; patronizing a prostitute in the  second
  degree,  as  defined  in  section 230.05 of the penal law; patronizing a
  prostitute in the first degree, as defined  in  section  230.06  of  the
  penal  law;  promoting  prostitution in the second degree, as defined in
  section 230.30 of the penal law; promoting  prostitution  in  the  first
  degree,  as  defined  in  section  230.32  of  the penal law; compelling
  prostitution,  as  defined  in  section  230.33  of   the   penal   law;
  disseminating  indecent  materials  to  minors  in the second degree, as
  defined in section 235.21  of  the  penal  law;  disseminating  indecent
  materials to minors in the first degree, as defined in section 235.22 of
  the penal law; riot in the first degree, as defined in section 240.06 of
  the  penal  law;  criminal  anarchy, as defined in section 240.15 of the
  penal law; aggravated harassment of an employee by an inmate, as defined
  in section 240.32 of the penal law; unlawful surveillance in the  second
  degree,  as  defined  in  section  250.45  of  the  penal  law; unlawful
  surveillance in the first degree, as defined in section  250.50  of  the
  penal law; endangering the welfare of a vulnerable elderly person in the
  second   degree,  as  defined  in  section  260.32  of  the  penal  law;
  endangering the welfare of a vulnerable  elderly  person  in  the  first

degree, as defined in section 260.34 of the penal law; use of a child in
  a  sexual  performance,  as  defined in section 263.05 of the penal law;
  promoting an obscene sexual  performance  by  a  child,  as  defined  in
  section   263.10   of  the  penal  law;  possessing  an  obscene  sexual
  performance by a child, as defined in section 263.11 of the  penal  law;
  promoting  a sexual performance by a child, as defined in section 263.15
  of the penal law; possessing a sexual performance by a child, as defined
  in section 263.16 of the penal law; criminal possession of a  weapon  in
  the  third  degree,  as  defined  in  section  265.02  of the penal law;
  criminal sale of a firearm in the third degree, as  defined  in  section
  265.11  of  the  penal  law;  criminal  sale of a firearm to a minor, as
  defined in section 265.16 of the penal law; unlawful wearing of  a  body
  vest,  as  defined  in  section  270.20 of the penal law; hate crimes as
  defined in section 485.05 of the penal law; and crime of  terrorism,  as
  defined  in  section 490.25 of the penal law; or (e) a felony defined in
  the penal law or an attempt thereof where such attempt is a  felony;  or
  * (f)  any of the following misdemeanors: assault in the third degree as
  defined in section 120.00 of the penal law; attempted aggravated assault
  upon a person less than eleven years old, as defined in  section  110.00
  and  section  120.12  of  the penal law; attempted menacing in the first
  degree, as defined in section 110.00 and section  120.13  of  the  penal
  law;  menacing  in the second degree as defined in section 120.14 of the
  penal law; menacing in the third degree as defined in section 120.15  of
  the  penal law; reckless endangerment in the second degree as defined in
  section 120.20 of the penal  law;  stalking  in  the  fourth  degree  as
  defined in section 120.45 of the penal law; stalking in the third degree
  as defined in section 120.50 of the penal law; attempted stalking in the
  second  degree,  as  defined in section 110.00 and section 120.55 of the
  penal law; forcible touching as defined in section 130.52 of  the  penal
  law  regardless  of  the  age  of  the victim; sexual abuse in the third
  degree as defined in section 130.55 of the penal law regardless  of  the
  age of the victim; unlawful imprisonment in the second degree as defined
  in  section 135.05 of the penal law regardless of the age of the victim;
  attempted unlawful imprisonment in  the  first  degree,  as  defined  in
  section 110.00 and section 135.10 of the penal law regardless of the age
  of  the  victim;  criminal  trespass  in the second degree as defined in
  section 140.15 of the  penal  law;  possession  of  burglar's  tools  as
  defined  in section 140.35 of the penal law; petit larceny as defined in
  section 155.25 of the penal law; endangering the welfare of a  child  as
  defined  in  section 260.10 of the penal law; endangering the welfare of
  an incompetent or physically  disabled  person  as  defined  in  section
  260.25.
    * NB Effective until November 11, 2010
    * (f)  any  of the following misdemeanors: assault in the third degree
  as defined in section 120.00 of  the  penal  law;  attempted  aggravated
  assault  upon a person less than eleven years old, as defined in section
  110.00 and section 120.12 of the penal law; attempted  menacing  in  the
  first  degree,  as  defined  in section 110.00 and section 120.13 of the
  penal law; menacing in the second degree as defined in section 120.14 of
  the penal law; menacing in the third degree as defined in section 120.15
  of the penal law; reckless endangerment in the second degree as  defined
  in  section  120.20  of  the penal law; stalking in the fourth degree as
  defined in section 120.45 of the penal law; stalking in the third degree
  as defined in section 120.50 of the penal law; attempted stalking in the
  second degree, as defined in section 110.00 and section  120.55  of  the
  penal  law;  criminal  obstruction  of breathing or blood circulation as
  defined in section 121.11 of the penal law; forcible touching as defined
  in section 130.52 of the penal law regardless of the age of the  victim;

sexual  abuse  in  the  third degree as defined in section 130.55 of the
  penal law regardless of the age of the victim; unlawful imprisonment  in
  the  second  degree  as  defined  in  section  135.05  of  the penal law
  regardless  of the age of the victim; attempted unlawful imprisonment in
  the first degree, as defined in section 110.00 and section 135.10 of the
  penal law regardless of the age of the victim; criminal trespass in  the
  second  degree as defined in section 140.15 of the penal law; possession
  of burglar's tools as defined in section 140.35 of the penal law;  petit
  larceny  as  defined in section 155.25 of the penal law; endangering the
  welfare of a child as defined  in  section  260.10  of  the  penal  law;
  endangering  the welfare of an incompetent or physically disabled person
  as defined in section 260.25 of the penal law.
    * NB Effective November 11, 2010
    8. "DNA record" means DNA identification  information  prepared  by  a
  forensic DNA laboratory and stored in the state DNA identification index
  for  purposes  of  establishing  identification  in  connection with law
  enforcement investigations or supporting statistical  interpretation  of
  the  results  of DNA analysis. A DNA record is the objective form of the
  results of a DNA analysis sample.
    9. "DNA subcommittee" shall mean  the  subcommittee  on  forensic  DNA
  laboratories   and   forensic   DNA   testing  established  pursuant  to
  subdivision thirteen of  section  nine  hundred  ninety-five-b  of  this
  article.
    10.  "Commission"  shall  mean  the  commission  on  forensic  science
  established pursuant to  section  nine  hundred  ninety-five-a  of  this
  article.