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DNA Samples Required of Many Convicted People in New York - The Law - Part 2

Posted by attorney Theodore Robinson

It is important that anyone who may be affected by the new law that a convicted felon and many others must now submit to the police to provide a DNA sample should know exactly how the law reads. Here are the actual applicable laws involved from start to finish. They are provided so that that others can check it directly in this forum instead of going and searching for them. NY Executive Law § 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 laboratoryoperated 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.

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