Bill Text: NY S04538 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the New York state familial search policy; relates to the release of certain information for familial DNA searches where a written agreement governing the use and dissemination of such DNA records exists.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INTERNET AND TECHNOLOGY [S04538 Detail]

Download: New_York-2023-S04538-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4538

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 9, 2023
                                       ___________

        Introduced  by  Sen.  O'MARA -- 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, in relation to establishing  the  New
          York  state  familial search policy and the release of information for
          familial DNA searches

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

     1    Section  1.  Subdivision  13  of section 995-b of the executive law is
     2  amended by adding a new paragraph (e) to read as follows:
     3    (e) (i) The DNA subcommittee shall provide nonbinding  recommendations
     4  for  a New York state familial search policy. The familial search policy
     5  shall include, but not be limited to, assessing and evaluating the accu-
     6  racy of familial DNA searches, providing recommendations on the  parame-
     7  ters  for  familial DNA searching, creating procedures for when familial
     8  searches should and should not be used,  and  determining  the  expected
     9  fiscal  implications  of  conducting  familial  DNA searches in New York
    10  state.
    11    (ii) For the accomplishment of  its  purposes,  the  DNA  subcommittee
    12  shall  be  authorized and empowered to undertake any studies, inquiries,
    13  surveys or analyses it may deem relevant through its own personnel or in
    14  cooperation with or by agreement with any other public or private  agen-
    15  cy.
    16    (iii)  The  DNA  subcommittee  shall  meet and hold public hearings or
    17  private meetings and shall have all the powers of a legislative  commit-
    18  tee pursuant to the legislative law.
    19    (iv) The commission shall make a report of the DNA subcommittees find-
    20  ings,  including  any  recommendations  for legislative action as it may
    21  deem necessary and appropriate, to the governor and the  legislature  no
    22  later than December first, two thousand twenty-three.
    23    (v) For purposes of this paragraph "familial DNA search" shall mean an
    24  intentional  or  deliberate search of the DNA database conducted for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01068-01-3
        S. 4538                             2

     1  purpose of potentially identifying close  biological  relatives  of  the
     2  unknown forensic samples associated with the crime scene profile.
     3    § 2. Subdivision 6 of section 995-c of the executive law is amended by
     4  adding a new paragraph (d) to read as follows:
     5    (d)  (i)  to  a federal law enforcement agency, or to a state or local
     6  law enforcement agency or district attorney's office for law enforcement
     7  familial DNA searching purposes upon  submission  of  a  DNA  record  in
     8  connection  with  the  investigation  of  the  commission of one or more
     9  crimes, provided that there exists between the division and such  agency
    10  a  written  agreement  governing  the  use and dissemination of such DNA
    11  records in accordance with the provisions of this article;
    12    (ii) Familial DNA searches may be conducted  when  a  law  enforcement
    13  agency  is  investigating  the commission of a violent felony offense as
    14  defined in section 70.02 of the penal law, and where there is  no  match
    15  of a single source DNA profile from the crime scene, and where all other
    16  leads have been exhausted.
    17    (iii)  The commission, in conjunction with the DNA subcommittee, shall
    18  create a New York state familial search policy to implement familial DNA
    19  searching in the state of New York.  The  DNA  subcommittee  report,  as
    20  authorized  in  paragraph  (e)  of  subdivision thirteen of section nine
    21  hundred ninety-five-b of this article, may provide additional guidelines
    22  and recommendations for the New York state familial search policy.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.  Effective immediately, the addition, amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation of this act on its effective date are authorized to be  made  and
    27  completed on or before such effective date.