Bill Text: NY A03867 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prevents genealogy firms from sharing genetic information of individuals with law enforcement without a signed waiver.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A03867 Detail]

Download: New_York-2021-A03867-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3867

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by M. of A. DICKENS, BARRON, CAHILL, HYNDMAN, GLICK, PICHAR-
          DO, SMULLEN, SIMON, RICHARDSON, EPSTEIN, ABINANTI  --  Multi-Sponsored
          by  --  M. of A.   GALEF -- read once and referred to the Committee 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03749-01-1
        A. 3867                             2

     1  ogy  firm,  shall  surrender  genetic  information to law enforcement in
     2  response to a warrant, subpoena, or formal or informal request for  such
     3  genetic  information,  unless  the individual who submitted such genetic
     4  information  to such genealogy firm signs a waiver explicitly permitting
     5  such genetic information to be shared  with  law  enforcement.  Notwith-
     6  standing  any  other provision of law, a genealogy firm which refuses to
     7  surrender genetic information to law enforcement in compliance with this
     8  subdivision shall not be required to pay any fines  or  face  any  other
     9  penalties for such compliance.
    10    § 4. This act shall take effect immediately.