New York 2025-2026 Regular Session

New York Assembly Bill A04140

Introduced
1/31/25  
Refer
1/31/25  

Caption

Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.

Summary

Bill A04140 proposes an amendment to the executive law that mandates the New York state police forensic investigation center to accept DNA evidence from firearms, ammunition, and related devices in cases where the sole charge is criminal possession of a weapon. This includes various degrees of weapon possession as defined in the penal law, specifically addressing first through fourth degree criminal possession of a weapon and criminal possession of a firearm. The bill aims to enhance the forensic capabilities of law enforcement in handling weapon-related crimes by ensuring that relevant evidence is analyzed for DNA, potentially aiding in investigations and prosecutions.

Impact

If enacted, this bill would modify existing procedures regarding the acceptance of evidence by the New York state police forensic investigation center. It would specifically broaden the scope of evidence that can be analyzed for DNA in cases of weapon possession, which could lead to more thorough investigations and possibly higher conviction rates for weapon-related offenses. This change may also require adjustments in law enforcement protocols and resource allocation for forensic analysis.

Sentiment

The sentiment around Bill A04140 appears to be cautiously supportive, as indicated by the voting history where the Assembly Codes Committee held it for consideration with a vote of 16 in favor and 6 against. This suggests that while there is a majority support, there are also concerns or reservations among some committee members regarding the implications of the bill.

Contention

Notable points of contention likely revolve around the implications of expanding DNA evidence collection in weapon possession cases. Some members may argue about the potential for overreach in forensic analysis or concerns regarding privacy and civil liberties. The division in the committee vote indicates that there are differing opinions on the necessity and impact of this legislative change.

Companion Bills

NY S01257

Same As Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.

Previously Filed As

NY S01257

Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and criminal possession of a firearm.

NY S08460

Adds possessing a flare gun with intent to use it unlawfully against another to the crime of criminal possession of a weapon in the fourth degree.

NY A11429

Relates to criminal possession of stolen property in the third, second and first degrees

NY A07676

Relates to criminal possession of a weapon in the third degree; increases penalties for possession of a weapon on subways and mass transit trains.

NY SB506

Increasing the penalty for a second or subsequent adjudication of criminal use of weapons and modifying the penalties for the crime of criminal possession of a weapon by a convicted felon and the length of the ban on possessing a weapon for certain felons.

NY H0031

Carrying and Possession of Weapons and Firearms

NY HB31

Carrying and Possession of Weapons and Firearms:

NY HB2727

Changes the offense of weapons possession by adding high-capacity firearm magazines

NY HF5140

Ownership, possession, and sale of semiautomatic military-style assault weapons and large-capacity magazines regulated; provisions for possessing dangerous weapons in schools, negligently storing firearms, and reporting on law enforcement firearms discharge modified; ghost guns criminalized; other gun safety provisions modified; and money appropriated.

NY A04151

Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, or criminal possession of a controlled substance in the fifth degree.

Similar Bills

No similar bills found.