DNA Testing Demands - in New York - Under Sec.1. Sub. 7 of sec. 995 of the Executive law Part 1
The Executive Law of New York State was amended in 1999 and effective on December 1st, 1999, to include the requirement that anyone convicted of any of the following felony charges within the prior five years must submit themselves for DNA samples to be taken from them. Of course, they limited the people affected only to Designated offenders, which are descrided as a "person convicted of and sentenced for any one or more of the following felonies as defined in the penal law 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, 130.67 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; Section 255.25, 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 or attempted burglary in the third degree, as defined in section 110.00 and section 140.20 of the penal law; Criminal possession of a controlled substance in the first degree, as defined in section 220.21 of the penal law; More offenses are noted in Part 2 of this series as well as a more complete explanation of why this law, as it stands, in this writer's view, is unconstitutional and as a result, unenforceable. See Part 2 for more.