STATE OF NEW YORK
        ________________________________________________________________________

                                          5961

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 23, 2023
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to amend the executive law, in relation to evidence  accepted  by
          the New York state police forensic investigation center

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law  is  amended  by  adding  a  new  section
     2  995-c-1 to read as follows:
     3    §  995-c-1.  Evidence.  Notwithstanding  any provision of law, rule or
     4  regulation to the contrary, the New York state police forensic  investi-
     5  gation  center  shall  accept evidence items or samples for DNA analysis
     6  from any firearm, rifle, shotgun, ammunition or magazine loading  device
     7  when  the  sole  charge  is criminal possession of a weapon in the first
     8  degree  as  defined  in  section  265.04  of  the  penal  law,  criminal
     9  possession of a weapon in the second degree as defined in section 265.03
    10  of the penal law, criminal possession of a weapon in the third degree as
    11  defined  in  section  265.02  of the penal law, criminal possession of a
    12  weapon in the fourth degree as defined in section 265.01  of  the  penal
    13  law  and criminal possession of a firearm as defined in section 265.01-b
    14  of the penal law.
    15    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08826-01-3