Bill Text: NY S00921 | 2025-2026 | General Assembly | Introduced
Bill Title: Requires individuals arrested in connection with a felony to submit a DNA sample; makes related provisions and technical corrections.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2025-01-08 - REFERRED TO INTERNET AND TECHNOLOGY [S00921 Detail]
Download: New_York-2025-S00921-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 921 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with a felony to submit a DNA sample The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 995 of the executive law is amended by adding a new 2 subdivision 7-a to read as follows: 3 7-a. "Felony arrestee" means a person arrested and charged with any 4 one or more of the following felonies, or an attempt thereof where such 5 attempt is a felony offense, as defined in the penal law: sections 6 120.05, 120.06, 120.07, 120.10, 120.11 and 120.12, relating to assault; 7 sections 120.55 and 120.60, relating to stalking; section 120.70, relat- 8 ing to luring a child; sections 125.15, 125.20, 125.21, 125.22, 125.25, 9 125.26 and 125.27, relating to homicide; sections 130.25, 130.30, 10 130.35, 130.53, 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 and 11 130.96, relating to sex offenses; sections 135.10, 135.20, 135.25 and 12 135.35, relating to kidnapping and labor trafficking; sections 140.17, 13 140.20, 140.25 and 140.30, relating to burglary; sections 150.05, 14 150.10, 150.15 and 150.20, relating to arson; sections 155.30, 155.35, 15 155.40 and 155.42, relating to grand larceny; sections 160.05, 160.10 16 and 160.15, relating to robbery; section 230.34 relating to sex traf- 17 ficking; sections 235.21 and 235.22, relating to dissemination of inde- 18 cent material to minors; sections 250.45 and 250.50, relating to unlaw- 19 ful surveillance; sections 255.25, 255.26, and 255.27, relating to 20 incest; sections 263.05, 263.10, 263.11, 263.15, 263.16, and 263.30, 21 relating to sexual performance by a child; or sections 265.02, 265.03, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00742-01-5S. 921 2 1 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14 and 265.16, 2 relating to firearms and other dangerous weapons. 3 § 2. Subdivision 3 of section 995-c of the executive law is amended by 4 adding four new paragraphs (c), (d), (e) and (f) to read as follows: 5 (c) A felony arrestee shall be required to provide a sample appropri- 6 ate for DNA testing upon arrest, unless such felony arrestee has previ- 7 ously provided a sample that is included in the state DNA identification 8 index. 9 (d) A public servant to whose custody a designated offender or felony 10 arrestee who has not yet provided a DNA sample has been committed shall 11 seek an order of the court to collect such sample if the offender, after 12 written or oral request, refuses to provide such sample. 13 (e) The detention, arrest, indictment or conviction of a person based 14 upon DNA records contained in the state DNA identification index shall 15 not be invalidated if it is later determined that the division of crimi- 16 nal justice services inadvertently, but in good faith, collected or 17 placed the person's DNA sample in the index. 18 (f) The commissioner of criminal justice services shall promulgate 19 rules and regulations governing the periodic review of the DNA identifi- 20 cation index to determine whether or not the index contains DNA profiles 21 that should not be in the index, including the steps necessary to 22 expunge any profiles which the division of criminal justice services 23 determines should not be in the index. 24 § 3. Subdivision 9 of section 995-c of the executive law, as amended 25 by chapter 524 of the laws of 2002, is amended to read as follows: 26 9. (a) Upon receipt of notification of a reversal or a vacatur of a 27 conviction, or of the granting of a pardon pursuant to article two-A of 28 this chapter, of an individual whose DNA record has been stored in the 29 state DNA identification index in accordance with this article by the 30 division of criminal justice services, the DNA record shall be expunged 31 from the state DNA identification index, and such individual may apply 32 to the court in which the judgment of conviction was originally entered 33 for an order directing the expungement of any DNA record and any 34 samples, analyses, or other documents relating to the DNA testing of 35 such individual in connection with the investigation or prosecution of 36 the crime which resulted in the conviction that was reversed or vacated 37 or for which the pardon was granted. A copy of such application shall be 38 served on the district attorney and an order directing expungement may 39 be granted if the court finds that all appeals relating to the 40 conviction have been concluded; that such individual will not be 41 retried, or, if a retrial has occurred, the trier of fact has rendered a 42 verdict of complete acquittal, and that expungement will not adversely 43 affect the investigation or prosecution of some other person or persons 44 for the crime. The division shall, by rule or regulation, prescribe 45 procedures to ensure that the DNA record in the state DNA identification 46 index, and any samples, analyses, or other documents relating to such 47 record, whether in the possession of the division, or any law enforce- 48 ment or police agency, or any forensic DNA laboratory, including any 49 duplicates or copies thereof, at the discretion of the possessor there- 50 of, are either destroyed or returned to such individual, or to the 51 attorney who represented [him or her] such individual at the time such 52 reversal, vacatur or pardon, was granted. The commissioner shall also 53 adopt by rule and regulation a procedure for the expungement in other 54 appropriate circumstances of DNA records contained in the index. 55 (b) As prescribed in this paragraph, if an individual, either volun- 56 tarily, pursuant to paragraph (c) of subdivision three of this section,S. 921 3 1 or pursuant to a warrant or order of a court, has provided a sample for 2 DNA testing in connection with the investigation, arrest or prosecution 3 of a crime and (i) no criminal action against the individual relating to 4 such crime was commenced within the period specified by section 30.10 of 5 the criminal procedure law, or (ii) a criminal action was commenced 6 against the individual relating to such crime which resulted in a 7 complete acquittal, or (iii) a criminal action was commenced against the 8 individual relating to such crime [resulted in a conviction that was9subsequently reversed or vacated, or for which the individual was grant-10ed a pardon pursuant to article two-A of this chapter, such individual11may apply to the supreme court or the court in which the judgment of12conviction was originally entered for an order directing the expungement13of any DNA record and any samples, analyses, or other documents relating14to the DNA testing of such individual in connection with the investi-15gation or prosecution of such crime. A copy of such application shall be16served on the district attorney and an order directing expungement may17be granted if the court finds that the individual has satisfied the18conditions of one of the subparagraphs of this paragraph; that if a19judgment of conviction was reversed or vacated, all appeals relating20thereto have been concluded and the individual will not be retried, or,21if a retrial has occurred, the trier of fact has rendered a verdict of22complete acquittal, and that expungement will not adversely affect the23investigation or prosecution of some other person or persons for the24crime. If an order directing the expungement of any DNA record and any25samples, analyses or other documents relating to the DNA testing of such26individual is issued] which was resolved by a dismissal, successful 27 completion of a pre-prosecution diversion program, or conditional 28 discharge or misdemeanor conviction that did not require DNA collection 29 pursuant to section nine hundred ninety-five of this article, the DNA 30 record shall be expunged from the state DNA identification index. An 31 individual may request expungement of any DNA record and any samples, 32 analyses or other documents relating to the DNA testing of such individ- 33 ual by providing the following materials to the division of criminal 34 justice services: 35 (1) a written request for expungement of the sample and DNA records; 36 and 37 (2) a certified copy of the dismissal, successful completion of a 38 pre-prosecution diversion program or a conditional discharge, misdemea- 39 nor conviction or acquittal; and 40 (3) a sworn statement from the district attorney's office with juris- 41 diction over the matter that: the case was dismissed; a pre-prosecution 42 diversion program or conditional discharge, misdemeanor conviction 43 excluded from DNA collection pursuant to section nine hundred ninety- 44 five of this article or acquittal occurred; no felony charges arose out 45 of the arrest; or no criminal action against the individual relating to 46 such crime was commenced within the period specified by section 30.10 of 47 the criminal procedure law; and that expungement will not adversely 48 affect the investigation or prosecution of some other person or persons 49 for the crime. 50 (c) If expungement is warranted pursuant to paragraph (a) or (b) of 51 this subdivision, such record and any samples, analyses, or other docu- 52 ments shall, at the discretion of the possessor thereof, be destroyed or 53 returned to such individual or to the attorney who represented [him or54her] such individual in the criminal action or in connection with the 55 [application for the order of] request for expungement.S. 921 4 1 (d) No expungement shall be granted where an individual has a prior 2 conviction requiring a DNA sample, or a pending felony charge for which 3 collection of a sample is authorized pursuant to the provisions of para- 4 graph (c) of subdivision three of this section. 5 § 4. Subdivision 6 of section 120.90 of the criminal procedure law, as 6 amended by section 16 of part WWW of chapter 59 of the laws of 2017, is 7 amended to read as follows: 8 6. Before bringing a defendant arrested pursuant to a warrant before 9 the local criminal court or youth part of a superior court in which such 10 warrant is returnable, a police officer must without unnecessary delay 11 perform all fingerprinting and other preliminary police duties required 12 in the particular case. In any case in which the defendant is not 13 brought by a police officer before such court but, following [his] such 14 defendant's arrest in another county for an offense specified in subdi- 15 vision one of section 160.10 of this title, is released by a local crim- 16 inal court of such other county on [his] their own recognizance or on 17 bail for [his] appearance on a specified date before the local criminal 18 court before which the warrant is returnable, the latter court must, 19 upon arraignment of the defendant before it, direct that [he] such 20 defendant be fingerprinted and have a sample appropriate for DNA testing 21 taken, if required pursuant to section nine hundred ninety-five-c of the 22 executive law, by the appropriate officer or agency, and [that he] 23 appear at an appropriate designated time and place for such purpose. 24 § 5. Section 130.60 of the criminal procedure law, as amended by chap- 25 ter 95 of the laws of 1991, subdivision 1 as amended by chapter 446 of 26 the laws of 1993, is amended to read as follows: 27 § 130.60 Summons; fingerprinting of defendant. 28 1. Upon the arraignment of a defendant whose court attendance has been 29 secured by the issuance and service of a summons, based upon an indict- 30 ment, a prosecutor's information or upon an information, felony 31 complaint or misdemeanor complaint filed by a complainant who is a 32 police officer, the court must, if an offense charged in the accusatory 33 instrument is one specified in subdivision one of section 160.10 of this 34 title, direct that the defendant be fingerprinted by the appropriate 35 police officer or agency, and [that he or she] appear at an appropriate 36 designated time and place for such purpose. If an offense charged in 37 the accusatory instrument is one specified in subdivision seven-a of 38 section nine hundred ninety-five of the executive law, the court must 39 direct that a sample appropriate for DNA testing be taken, and that such 40 defendant appear at an appropriate designated time and place for such 41 purpose. 42 2. Upon the arraignment of a defendant whose court attendance has been 43 secured by the issuance and service of a summons based upon an informa- 44 tion or misdemeanor complaint filed by a complainant who is not a police 45 officer, and who has not previously been fingerprinted or from whom a 46 DNA sample has not previously been taken and was required pursuant to 47 section nine hundred ninety-five-c of the executive law, the court may, 48 if it finds reasonable cause to believe that the defendant has committed 49 an offense specified in subdivision one of section 160.10 of this title, 50 direct that the defendant be fingerprinted and/or have a sample appro- 51 priate for DNA testing taken, if required by section nine hundred nine- 52 ty-five-c of the executive law, by the appropriate police officer or 53 agency and [that he] appear at an appropriate designated time and place 54 for such purpose. A defendant whose court appearance has been secured by 55 the issuance and service of a criminal summons based upon a misdemeanor 56 complaint or information filed by a complainant who is not a policeS. 921 5 1 officer, must be directed by the court, upon conviction of the defend- 2 ant, to be fingerprinted and have a sample appropriate for DNA testing 3 taken, if required by section nine hundred ninety-five-c of the execu- 4 tive law, by the appropriate police officer or agency and the court must 5 also direct that the defendant appear at an appropriate designated time 6 and place for such purpose, if the defendant is convicted of any offense 7 specified in subdivision one of section 160.10 of this title. 8 § 6. Subdivision 5 of section 140.20 of the criminal procedure law, as 9 amended by chapter 762 of the laws of 1971, is amended to read as 10 follows: 11 5. Before service of an appearance ticket upon an arrested person 12 pursuant to subdivision two or three of this section, the issuing police 13 officer must, if the offense designated in such appearance ticket is one 14 of those specified in subdivision one of section 160.10 of this title, 15 cause such person to be fingerprinted and have a sample appropriate for 16 DNA testing taken, if required by section nine hundred ninety-five-c of 17 the executive law, in the same manner as would be required were no 18 appearance ticket to be issued or served. 19 § 7. Subdivision 2 of section 140.27 of the criminal procedure law, as 20 amended by section 21 of part WWW of chapter 59 of the laws of 2017, is 21 amended to read as follows: 22 2. Upon arresting a person without a warrant, a peace officer, except 23 as otherwise provided in subdivision three or three-a of this section, 24 must without unnecessary delay bring [him] or cause [him] such defendant 25 to be brought before a local criminal court, as provided in section 26 100.55 of this title and subdivision one of section 140.20 of this arti- 27 cle, and must without unnecessary delay file or cause to be filed there- 28 with an appropriate accusatory instrument. If the offense which is the 29 subject of the arrest is one of those specified in subdivision one of 30 section 160.10 of this title, the arrested person must be fingerprinted 31 and photographed, and have a sample appropriate for DNA testing taken if 32 required by section nine hundred ninety-five-c of the executive law, as 33 therein provided. In order to execute the required post-arrest func- 34 tions, such arresting peace officer may perform such functions [himself] 35 or [he] may enlist the aid of a police officer for the performance ther- 36 eof in the manner provided in subdivision one of section 140.20 of this 37 article. 38 § 8. Section 150.70 of the criminal procedure law, as amended by chap- 39 ter 762 of the laws of 1971, is amended to read as follows: 40 § 150.70 Appearance ticket; fingerprinting and DNA analysis sample of 41 defendant. 42 Upon the arraignment of a defendant who has not been arrested and 43 whose court attendance has been secured by the issuance and service of 44 an appearance ticket pursuant to subdivision one of section 150.20 of 45 this article, the court must, if an offense charged in the accusatory 46 instrument is one specified in subdivision one of section 160.10 of this 47 title, direct that the defendant be fingerprinted and have a sample 48 appropriate for DNA testing taken when required by section nine hundred 49 ninety-five-c of the executive law by the appropriate police officer or 50 agency, and [that he] appear at an appropriate designated time and place 51 for such purpose. 52 § 9. Section 160.20 of the criminal procedure law, as amended by chap- 53 ter 108 of the laws of 1973, is amended to read as follows: 54 § 160.20 Fingerprinting and DNA analysis sample; forwarding of finger- 55 prints and DNA analysis sample.S. 921 6 1 1. Upon the taking of fingerprints of an arrested person or defendant 2 as prescribed in section 160.10 of this article, the appropriate police 3 officer or agency must without unnecessary delay forward two copies of 4 such fingerprints to the division of criminal justice services. 5 2. Upon taking a sample appropriate for DNA testing, the appropriate 6 police office or agency must without unnecessary delay store and forward 7 such DNA sample to a forensic DNA laboratory for forensic DNA testing 8 and analyses, and inclusion in the state DNA identification index in 9 accordance with subdivision five of section nine hundred ninety-five-c 10 of the executive law. 11 § 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the 12 criminal procedure law, paragraph (d) as amended by chapter 449 of the 13 laws of 2015 and paragraph (e) as amended by chapter 169 of the laws of 14 1994, are amended and a new paragraph (f) is added to read as follows: 15 (d) such records shall be made available to the person accused or to 16 such person's designated agent, and shall be made available to (i) a 17 prosecutor in any proceeding in which the accused has moved for an order 18 pursuant to section 170.56 or 210.46 of this [chapter] part, or (ii) a 19 law enforcement agency upon ex parte motion in any superior court, or in 20 any district court, city court or the criminal court of the city of New 21 York provided that such court sealed the record, if such agency demon- 22 strates to the satisfaction of the court that justice requires that such 23 records be made available to it, or (iii) any state or local officer or 24 agency with responsibility for the issuance of licenses to possess guns, 25 when the accused has made application for such a license, or (iv) the 26 New York state department of corrections and community supervision when 27 the accused is on parole supervision as a result of conditional release 28 or a parole release granted by the New York state board of parole, and 29 the arrest which is the subject of the inquiry is one which occurred 30 while the accused was under such supervision, or (v) any prospective 31 employer of a police officer or peace officer as those terms are defined 32 in subdivisions thirty-three and thirty-four of section 1.20 of this 33 chapter, in relation to an application for employment as a police offi- 34 cer or peace officer; provided, however, that every person who is an 35 applicant for the position of police officer or peace officer shall be 36 furnished with a copy of all records obtained under this paragraph and 37 afforded an opportunity to make an explanation thereto, or (vi) the 38 probation department responsible for supervision of the accused when the 39 arrest which is the subject of the inquiry is one which occurred while 40 the accused was under such supervision; [and] 41 (e) where fingerprints subject to the provisions of this section have 42 been received by the division of criminal justice services and have been 43 filed by the division as digital images, such images may be retained, 44 provided that a fingerprint card of the individual is on file with the 45 division which was not sealed pursuant to this section or section 160.55 46 of this article[.]; and 47 (f) a sample appropriate for DNA testing taken from such person pursu- 48 ant to section nine hundred ninety-five-c of the executive law, and any 49 DNA record relating to such sample, and any analyses or other documents 50 relating to such DNA sample shall be expunged, destroyed or returned in 51 accordance with subdivision nine of such section of the executive law. 52 § 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the 53 criminal procedure law, paragraph (d) as amended by chapter 449 of the 54 laws of 2015 and paragraph (e) as amended by chapter 169 of the laws of 55 1994, are amended and a new paragraph (f) is added to read as follows:S. 921 7 1 (d) the records referred to in paragraph (c) of this subdivision shall 2 be made available to the person accused or to such person's designated 3 agent, and shall be made available to (i) a prosecutor in any proceeding 4 in which the accused has moved for an order pursuant to section 170.56 5 or 210.46 of this [chapter] part, or (ii) a law enforcement agency upon 6 ex parte motion in any superior court, or in any district court, city 7 court or the criminal court of the city of New York provided that such 8 court sealed the record, if such agency demonstrates to the satisfaction 9 of the court that justice requires that such records be made available 10 to it, or (iii) any state or local officer or agency with responsibility 11 for the issuance of licenses to possess guns, when the accused has made 12 application for such a license, or (iv) the New York state department of 13 corrections and community supervision when the accused is under parole 14 supervision as a result of conditional release or parole release granted 15 by the New York state board of parole and the arrest which is the 16 subject of the inquiry is one which occurred while the accused was under 17 such supervision, or (v) the probation department responsible for super- 18 vision of the accused when the arrest which is the subject of the 19 inquiry is one which occurred while the accused was under such super- 20 vision, or (vi) a police agency, probation department, sheriff's office, 21 district attorney's office, department of correction of any municipality 22 and parole department, for law enforcement purposes, upon arrest in 23 instances in which the individual stands convicted of harassment in the 24 second degree, as defined in section 240.26 of the penal law, committed 25 against a member of the same family or household as the defendant, as 26 defined in subdivision one of section 530.11 of this chapter, and deter- 27 mined pursuant to subdivision eight-a of section 170.10 of this title; 28 [and] 29 (e) where fingerprints subject to the provisions of this section have 30 been received by the division of criminal justice services and have been 31 filed by the division as digital images, such images may be retained, 32 provided that a fingerprint card of the individual is on file with the 33 division which was not sealed pursuant to this section or section 160.50 34 of this article[.]; and 35 (f) a sample appropriate for DNA testing taken from such person pursu- 36 ant to section nine hundred ninety-five-c of the executive law, any DNA 37 record relating to such sample, and any analyses or other documents 38 relating to such DNA sample shall be expunged, destroyed or returned in 39 accordance with subdivision nine of such section of the executive law. 40 § 12. This act shall take effect on the one hundred eightieth day 41 after it shall have become a law.
