§ 995 — Definitions

New York § 995

• Jurisdiction: New York
• Law EXC: Executive
• Art. 49-B: Commission On Forensic Science and Establishment of Dna Identification Index

Text

§ 995. Definitions. When used in this article, the following words and\nterms shall have the meanings ascribed to them in this section:\n 1. For purposes of general forensic analysis the term "forensic\nlaboratory" shall mean any laboratory operated by the state or unit of\nlocal government that performs forensic testing on evidence in a\ncriminal investigation or proceeding or for purposes of identification.\n 2. For purposes of forensic DNA analysis, the term "forensic DNA\nlaboratory" shall mean any forensic laboratory operated by the state or\nunit of local government, that performs forensic DNA testing on crime\nscenes or materials derived from the human body for use as evidence in a\ncriminal proceeding or for purposes of identification and the term\n"forensic DNA testing" shall mean any test that employs techniques to\nexamine deoxyribonucleic acid (DNA) derived from the human body for the\npurpose of providing information to resolve issues of identification.\nRegulation pursuant to this article shall not include DNA testing on\nmaterials derived from the human body pursuant to title five of article\nfive of the public health law for the purpose of determining a person's\ngenetic disease or medical condition and shall not include a laboratory\noperated by the federal government.\n 3. "DNA testing methodology" means methods and procedures used to\nextract and analyze DNA material, as well as the methods, procedures,\nassumptions, and studies used to draw statistical inferences from the\ntest results.\n 4. "Blind external proficiency testing" means a test sample that is\npresented to a forensic laboratory for forensic DNA testing through a\nsecond agency, and which appears to the analysts to involve routine\nevidence submitted for forensic DNA testing.\n 5. "DNA" means deoxyribonucleic acid.\n 6. "State DNA identification index" means the DNA identification\nrecord system for New York state established pursuant to this article.\n 7. "Designated offender" means a person convicted of any felony\ndefined in any chapter of the laws of the state or any misdemeanor\ndefined in the penal law except: (a) a person convicted of prostitution\nunder section 230.00 of the penal law, or (b) a person whose\nparticipation in the offense is determined by a court to have been a\nresult of having been a victim of sex trafficking under section 230.34\nof the penal law, sex trafficking of a child under section 230.34-a of\nthe penal law, or trafficking in persons under the trafficking victims\nprotection act (United States Code, Title 22, Chapter 78).\n 8. "DNA record" means DNA identification information prepared by a\nforensic DNA laboratory and stored in the state DNA identification index\nfor purposes of establishing identification in connection with law\nenforcement investigations or supporting statistical interpretation of\nthe results of DNA analysis. A DNA record is the objective form of the\nresults of a DNA analysis sample.\n 9. "DNA subcommittee" shall mean the subcommittee on forensic DNA\nlaboratories and forensic DNA testing established pursuant to\nsubdivision thirteen of section nine hundred ninety-five-b of this\narticle.\n 10. "Commission" shall mean the commission on forensic science\nestablished pursuant to section nine hundred ninety-five-a of this\narticle.\n