Bill Text: NY S07734 | 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 INTERNET AND TECHNOLOGY [S07734 Detail]

Download: New_York-2023-S07734-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7734

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 1, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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