NY State Senate Bill 2021-S8074

Senate Bill S8074

2021-2022 Legislative Session

Relates to requiring consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from certain minors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2022	referred to codes

2021-S8074 (ACTIVE) - Details

See Assembly Version of this Bill:: A6747
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-x, Exec L
Versions Introduced in 2023-2024 Legislative Session:: A3917

2021-S8074 (ACTIVE) - Summary

Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor prior to the lawful arrest of such minor.

2021-S8074 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8074

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring consent of a
minor's parent, legal guardian or attorney for law enforcement
collection of DNA from certain minors

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit law enforcement from surreptitiously collecting DNA samples
from youths.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 837-w to the executive law that prohibits
law enforcement from collecting a DNA sample from a minor prior to the
lawful arrest of such minor without first obtaining the written consent
of such minor's parent, legal guardian or attorney, with the following
exceptions:

-when DNA may be abandoned at the scene of a crime
-when the DNA is collected from the victim of a criminal offense.

§ 2 Allows for the collection of DNA pursuant to a search warrant, or
other court order.

§ 3 Sets definitions.

§ 4 sets effective date.

 
JUSTIFICATION:

Press reports have made it known that law enforcement has been secre-
tively collecting DNA samples from youths and keeping that DNA for
future identification. For example, the police might offer a snack or
drink, and then collect the DNA from the packaging, straw, or beverage
container. This is done without any credible or specific suspicion, and
can be construed as a search. Because youthful offenders do not always
know their rights and are often targeted due to practices akin to racial
profiling, this practice is both unfair and only serves to undermine
public faith in the police.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.

2021-S8074 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8074
 
                             I N  S E N A T E
 
                             January 24, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to requiring consent of a
   minor's  parent,  legal  guardian  or  attorney  for  law  enforcement
   collection of DNA from certain minors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X.  COLLECTION  OF  DNA  FROM CERTAIN MINORS. 1. NO MEMBER OF A
 POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE STATE  POLICE  OR  OTHER
 LAW ENFORCEMENT OFFICER SHALL COLLECT A DNA SAMPLE FROM A MINOR PRIOR TO
 THE  LAWFUL  ARREST  OF  SUCH  MINOR WITHOUT FIRST OBTAINING THE WRITTEN
 CONSENT OF SUCH MINOR'S PARENT, LEGAL GUARDIAN OR ATTORNEY, EXCEPT:
   (A) WHERE THE DNA SAMPLE IS ABANDONED AT THE SCENE OF AN ALLEGED CRIM-
 INAL OFFENSE AND IS NOT COLLECTED FROM THE MINOR'S PERSON; OR
   (B) WHERE THE DNA SAMPLE IS COLLECTED FROM A MINOR WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIMINAL OFFENSE.
   2.  SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
 ANY LAWFUL METHOD OF COLLECTING A DNA SAMPLE FROM A MINOR PURSUANT TO  A
 SEARCH  WARRANT,  OTHER  COURT ORDER OR PROVISION OF LAW THAT AUTHORIZES
 THE SEARCH OF A MINOR FOR THE PURPOSE OF COLLECTING A DNA SAMPLE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "DNA SAMPLE" MEANS ANY AMOUNT OF  BLOOD,  SALIVA,  HAIR  OR  OTHER
 BODILY MATERIAL FROM WHICH DEOXYRIBONUCLEIC ACID CAN BE EXTRACTED.
   (B)  "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT WHO IS AUTHOR-
 IZED TO CONDUCT AN INVESTIGATION, PROSECUTE OR  MAKE  AN  ARREST  FOR  A
 CRIMINAL OFFENSE.
   (C) "MINOR" MEANS A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06619-03-2

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