Bill Text: NY A08442 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the use of the state DNA identification index for familial DNA searches.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A08442 Detail]

Download: New_York-2023-A08442-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8442

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 29, 2023
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the executive law, in relation to the powers and  duties
          of  the  commission  on forensic science regarding familial DNA search
          regulations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The opening paragraph of subdivision 9 and subdivision 12
     2  of section 995-b of the executive law, as added by chapter  737  of  the
     3  laws of 1994, are amended to read as follows:
     4    After  reviewing recommendations from the division of criminal justice
     5  services, the commission, in consultation  with  the  DNA  subcommittee,
     6  shall  promulgate  a policy for the establishment and operation of a DNA
     7  identification index consistent with the  operational  requirements  and
     8  capabilities  of  the  division of criminal justice services, subject to
     9  the restrictions set forth in subdivision twelve of this  section.  Such
    10  policy shall address the following issues:
    11    12.  Promulgate  standards  for a determination of a match between the
    12  DNA records contained in the state DNA identification index  and  a  DNA
    13  record  of a person submitted for comparison therewith; provided, howev-
    14  er, that such standards shall prohibit a familial DNA search.
    15    § 2. Section 995-c of the executive law is amended  by  adding  a  new
    16  subdivision 10 to read as follows:
    17    10.  No  search may be performed of the state DNA identification index
    18  for the purpose of identification of an offender in  connection  with  a
    19  crime  for  which the offender may be a biological relative of the indi-
    20  vidual from whom the DNA sample was acquired.
    21    § 3. This act shall take effect immediately. Any  rules,  regulations,
    22  policies or procedures which are in conflict with the amendments made by
    23  this act are immediately nullified and void as against public policy.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13535-01-3