A 4491: Authorizes a court to order the division of criminal justice services to compare fingerprints of the defendant against the statewide database.

  
  STATE OF NEW YORK ________________________________________________________________________ 4491 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. LAVINE, COLTON -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the compar- ison of fingerprints The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 440.30 of the criminal procedure law is amended by 2 adding a new subdivision 1-b to read as follows: 3 1-b. In response to a motion under this section, the court may order 4 the division of criminal justice services to compare a fingerprint 5 obtained in connection with the investigation or prosecution of the 6 defendant against the statewide automated fingerprint identification 7 system, or its successor system, and the national integrated automated 8 fingerprint identification system, or its successor system, upon the 9 court's determination that (1) such fingerprint complies with federal 10 bureau of investigation or state requirements, whichever are applicable 11 and as such requirements are applied to law enforcement agencies seeking 12 such a comparison and (2) if such comparison had been conducted, and if 13 the results had been admitted in the trial resulting in the judgment, a 14 reasonable probability exists that the verdict would have been more 15 favorable to the defendant, or in a case involving a plea of guilty, if 16 the results had been available to the defendant prior to the plea, a 17 reasonable probability exists that the conviction would not have 18 resulted. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06030-01-5