This column contains an annual review of new criminal justice legislation signed into law by Governor Andrew Cuomo, amending the Penal Law, Criminal Procedure Law and other related statutes. While, in total, the Legislature passed the lowest number of bills since 1914, there was no dearth of criminal justice measures. It is recommended that the reader review the legislation for specific details as the following discussion will primarily highlight key provisions of the new laws. In some instances, where indicated, legislation enacted by both houses has not yet been sent to the governor for his signature.

Procedural Changes

There were a number of significant procedural changes enacted in the past legislative session. One new law expands the 16-year-old state DNA databank. Beginning Aug. 1, 2012, for the first time in this state and in the country, DNA samples are now collected from defendants convicted of all felonies, both within and outside the Penal Law, and all Penal Law misdemeanors (L. 2012, ch. 19, eff. Oct. 1, 2012, amended, L. 2012, ch. 55, eff. Aug. 1, 2012).

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