NY State Senate Bill 2015-S8216

Senate Bill S8216

2015-2016 Legislative Session

Relates to the New York state familial search policy and the release of certain information for familial DNA searches

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2016	referred to rules

co-Sponsors

2015-S8216 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S2956

2015-S8216 (ACTIVE) - Summary

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.

2015-S8216 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8216

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize familial DNA searching in New York and
authorize the DNA subcommittee to create a report on familial
searching.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Requires the DNA subcommittee to research findings on
familial DNA searches and provide nonbinding recommendations for
implementation. Requires a report to be made to the legislature by the
commission no later than Dec 1, 2017.

Section 2. Authorizes familial DNA searches in New York when there are
public safety implications, a violent crime has occurred, the crime
scene profile is a single source profile and all other investigative
leads have been exhausted. Requires the commission in conjunction with
the DNA subcommittee to create a NYS Familial Search Policy to
implement familial searching in NY.

Section 3. Effective Date

 JUSTIFICATION :

Although New York currently allows for partial matching of DNA, the
laws and regulations are unclear whether or not familial searching is
permissible. Partial matching refers to the inadvertent matching of
relatives during a routine DNA search. Familial searching is a
deliberate search of the database conducted after a routine search for
the purpose of potentially identifying close biological relatives of
the unknown forensic samples associated with the crime scene profile.

This legislation will allow the commission and the DNA subcommittee to
determine the best practices for implementing familial searching in
New York by establishing a NYS Familial Search Policy. Under this
legislation, familial searches will only be conducted in limited
circumstances - when the crimes are violent, there is only one source
to the DNA profile, and all other investigative leads have been
exhausted.

Familial searching is an important investigative tool which could help
catch violent perpetrators. Ten states (Arkansas, California,
Colorado, Florida, Michigan, Texas, Utah, Virginia, Wisconsin, and
Wyoming) use familial searches to solve cases that have exhausted all
other investigative leads.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
180 days after it shall have become law; effective immediately any
addition, amendment or repeal of rules/regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

2015-S8216 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8216

                            I N  S E N A T E

                            December 9, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 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:

  Section  1.  Subdivision  13  of section 995-b of the executive law is
amended by adding a new paragraph (e) to read as follows:
  (E) (I) THE DNA SUBCOMMITTEE SHALL PROVIDE NONBINDING  RECOMMENDATIONS
FOR  A NEW YORK STATE FAMILIAL SEARCH POLICY. THE FAMILIAL SEARCH POLICY
SHALL INCLUDE, BUT NOT BE LIMITED TO, ASSESSING AND EVALUATING THE ACCU-
RACY OF FAMILIAL DNA SEARCHES, PROVIDING RECOMMENDATIONS ON THE  PARAME-
TERS  FOR  FAMILIAL DNA SEARCHING, CREATING PROCEDURES FOR WHEN FAMILIAL
SEARCHES SHOULD AND SHOULD NOT BE USED,  AND  DETERMINING  THE  EXPECTED
FISCAL  IMPLICATIONS  OF  CONDUCTING  FAMILIAL  DNA SEARCHES IN NEW YORK
STATE.
  (II) FOR THE ACCOMPLISHMENT OF  ITS  PURPOSES,  THE  DNA  SUBCOMMITTEE
SHALL  BE  AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY STUDIES, INQUIRIES,
SURVEYS OR ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN
COOPERATION WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE  AGEN-
CY.
  (III)  THE  DNA  SUBCOMMITTEE  SHALL  MEET AND HOLD PUBLIC HEARINGS OR
PRIVATE MEETINGS AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE  COMMIT-
TEE PURSUANT TO THE LEGISLATIVE LAW.
  (IV) THE COMMISSION SHALL MAKE A REPORT OF THE DNA SUBCOMMITTEES FIND-
INGS,  INCLUDING  ANY  RECOMMENDATIONS  FOR LEGISLATIVE ACTION AS IT MAY
DEEM NECESSARY AND APPROPRIATE, TO THE GOVERNOR AND THE  LEGISLATURE  NO
LATER THAN DECEMBER FIRST, TWO THOUSAND SEVENTEEN.
  (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
INTENTIONAL  OR  DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED AFTER A
ROUTINE SEARCH FOR THE PURPOSE OF POTENTIALLY IDENTIFYING CLOSE  BIOLOG-
ICAL RELATIVES OF THE UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME
SCENE PROFILE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16234-01-6

S. 8216                             2

  S 2. Subdivision 6 of section 995-c of the executive law is amended by
adding a new paragraph (d) to read as follows:
  (D)  (I)  TO  A FEDERAL LAW ENFORCEMENT AGENCY, OR TO A STATE OR LOCAL
LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE FOR LAW ENFORCEMENT
FAMILIAL  SEARCHING  PURPOSES  UPON  SUBMISSION  OF  A  DNA  RECORD   IN
CONNECTION  WITH  THE  INVESTIGATION  OF  THE  COMMISSION OF ONE OR MORE
CRIMES, PROVIDED THAT THERE EXISTS BETWEEN THE DIVISION AND SUCH  AGENCY
A  WRITTEN  AGREEMENT  GOVERNING  THE  USE AND DISSEMINATION OF SUCH DNA
RECORDS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (II) FAMILIAL DNA SEARCHES MAY BE CONDUCTED  WHEN  A  LAW  ENFORCEMENT
AGENCY  IS  INVESTIGATING AN UNSOLVED CASE THAT HAS PUBLIC SAFETY IMPLI-
CATIONS AND IS A VIOLENT CRIME, AND ALL OTHER INVESTIGATIVE  LEADS  HAVE
BEEN EXHAUSTED AND THE CRIME SCENE PROFILE IS A SINGLE SOURCE PROFILE.
  (III)  THE COMMISSION, IN CONJUNCTION WITH THE DNA SUBCOMMITTEE, SHALL
CREATE A NEW YORK STATE FAMILIAL SEARCH  POLICY  TO  IMPLEMENT  FAMILIAL
SEARCHING  IN  THE  STATE  OF  NEW YORK. THE DNA SUBCOMMITTEE REPORT, AS
AUTHORIZED IN PARAGRAPH (E) OF  SUBDIVISION  THIRTEEN  OF  SECTION  NINE
HUNDRED NINETY-FIVE-B OF THIS ARTICLE, MAY PROVIDE ADDITIONAL GUIDELINES
AND RECOMMENDATIONS FOR THE NEW YORK STATE FAMILIAL SEARCH POLICY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.

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Senate Bill S8216

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Sponsored By

Phil Boyle