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

download bill text pdf

Sponsored By

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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2015-S8216 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยงยง995-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

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.
              

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