Bill Text: NY A09077 | 2019-2020 | General Assembly | Introduced
Bill Title: Prevents genealogy firms from sharing genetic information of individuals with law enforcement without a signed waiver.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Introduced - Dead) 2020-01-16 - referred to governmental operations [A09077 Detail]
Download: New_York-2019-A09077-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9077 IN ASSEMBLY January 16, 2020 ___________ Introduced by M. of A. DICKENS -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the civil rights law, in relation to preventing genealo- gy firms from sharing genetic information of individuals with law enforcement without a signed waiver The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 79-l of the civil rights 2 law, as added by chapter 497 of the laws of 1996, is amended to read as 3 follows: 4 Confidentiality of records of genetic tests and information. 5 § 2. Subdivision 1 of section 79-l of the civil rights law is amended 6 by adding three new paragraphs (e), (f) and (g) to read as follows: 7 (e) "genealogy firm" shall mean any individual, partnership, limited 8 liability company, corporation, joint venture, or any other legal entity 9 which collects biological samples from individuals for the purpose of 10 conducting a genetic analysis and providing such individuals with the 11 results of such genetic analysis. 12 (f) "genetic analysis" shall mean conducting an analysis of the DNA, 13 chromosomes, genes, or gene products contained within a biological 14 sample in order to identify information about the individual providing 15 such biological sample including, but not limited to, genetic ancestry 16 or a predisposition to any genetic disease or disability. 17 (g) "genetic information" shall mean a biological sample, or any 18 information derived from a genetic analysis of such biological sample. 19 § 3. Section 79-l of the civil rights law is amended by adding a new 20 subdivision 12 to read as follows: 21 12. Notwithstanding any other provision of law, no genealogy firm or 22 any officer, director, employee, agent or representative of such geneal- 23 ogy firm, shall surrender genetic information to law enforcement in 24 response to a warrant, subpoena, or formal or informal request for such 25 genetic information, unless the individual who submitted such genetic 26 information to such genealogy firm signs a waiver explicitly permitting 27 such genetic information to be shared with law enforcement. Notwith- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14277-01-9A. 9077 2 1 standing any other provision of law, a genealogy firm which refuses to 2 surrender genetic information to law enforcement in compliance with this 3 subdivision shall not be required to pay any fines or face any other 4 penalties for such compliance. 5 § 4. This act shall take effect immediately.