2023 New York Laws › EXC - Executive › Article 49-B - Commission on Forensic Science and Establishment of DNA Identification Index › 995 - Definitions.

§ 995. Definitions. When used in this article, the following words and
  terms shall have the meanings ascribed to them in this section:
1.  For  purposes  of  general  forensic  analysis  the term "forensic
  laboratory" shall mean any laboratory operated by the state or  unit  of
  local  government  that  performs  forensic  testing  on  evidence  in a
  criminal investigation or proceeding or for purposes of identification.
2. For purposes of forensic  DNA  analysis,  the  term  "forensic  DNA
  laboratory"  shall mean any forensic laboratory operated by the state or
  unit of local government, that performs forensic DNA  testing  on  crime
  scenes or materials derived from the human body for use as evidence in a
  criminal  proceeding  or  for  purposes  of  identification and the term
  "forensic DNA testing" shall mean any test that  employs  techniques  to
  examine  deoxyribonucleic acid (DNA) derived from the human body for the
  purpose of providing information to resolve  issues  of  identification.
  Regulation  pursuant  to  this  article shall not include DNA testing on
  materials derived from the human body pursuant to title five of  article
  five  of the public health law for the purpose of determining a person's
  genetic disease or medical condition and shall not include a  laboratory
  operated by the federal government.
3.  "DNA  testing  methodology"  means  methods and procedures used to
  extract and analyze DNA material, as well as  the  methods,  procedures,
  assumptions,  and  studies  used to draw statistical inferences from the
  test results.
4. "Blind external proficiency testing" means a test  sample  that  is
  presented  to  a  forensic laboratory for forensic DNA testing through a
  second agency, and which appears to  the  analysts  to  involve  routine
  evidence submitted for forensic DNA testing.
5. "DNA" means deoxyribonucleic acid.
6.  "State  DNA  identification  index"  means  the DNA identification
  record system for New York state established pursuant to this article.
7. "Designated offender"  means  a  person  convicted  of  any  felony
  defined  in  any  chapter  of  the  laws of the state or any misdemeanor
  defined in the penal law except: (a) a person convicted of  prostitution
  under   section  230.00  of  the  penal  law,  or  (b)  a  person  whose
  participation in the offense is determined by a court  to  have  been  a
  result  of  having been a victim of sex trafficking under section 230.34
  of the penal law, sex trafficking of a child under section  230.34-a  of
  the  penal  law, or trafficking in persons under the trafficking victims
  protection act (United States Code, Title 22, Chapter 78).
8. "DNA record" means DNA identification  information  prepared  by  a
  forensic DNA laboratory and stored in the state DNA identification index
  for  purposes  of  establishing  identification  in  connection with law
  enforcement investigations or supporting statistical  interpretation  of
  the  results  of DNA analysis. A DNA record is the objective form of the
  results of a DNA analysis sample.
9. "DNA subcommittee" shall mean  the  subcommittee  on  forensic  DNA
  laboratories   and   forensic   DNA   testing  established  pursuant  to
  subdivision thirteen of  section  nine  hundred  ninety-five-b  of  this
  article.
10.  "Commission"  shall  mean  the  commission  on  forensic  science
  established pursuant to  section  nine  hundred  ninety-five-a  of  this
  article.