NY State Senate Bill S2956A

Archive: Last Bill Status - In Senate Committee Finance Committee

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In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance returned to senate died in assembly
Feb 06, 2017	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.144 committee discharged and committed to rules
Feb 03, 2017	print number 2956a
Feb 03, 2017	amend and recommit to finance
Jan 18, 2017	referred to finance

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2956 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S8216

S2956 - 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.

S2956 - Sponsor Memo

 BILL NUMBER:  S2956

 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 :

2016: S8216 - referred to rules

 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.

S2956 - Bill Text download pdf


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

                                  2956

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 18, 2017
                               ___________

Introduced  by  Sens.  BOYLE,  GOLDEN, AKSHAR, AMEDORE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07119-01-7

S. 2956                             2

  (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.
  § 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.
  § 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.

Co-Sponsors

S2956A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S8216

S2956A (ACTIVE) - Summary

S2956A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2956A

 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.

S2956A (ACTIVE) - Bill Text download pdf


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

                                 2956--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 18, 2017
                               ___________

Introduced  by  Sens.  BOYLE,  GOLDEN, ADDABBO, AKSHAR, AMEDORE, AVELLA,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07119-02-7

S. 2956--A                          2

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 FOR THE
PURPOSE OF POTENTIALLY IDENTIFYING CLOSE  BIOLOGICAL  RELATIVES  OF  THE
UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME SCENE PROFILE.
  § 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 DNA 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  THE COMMISSION OF A VIOLENT FELONY OFFENSE AS
DEFINED IN SECTION 70.02 OF THE PENAL LAW, AND WHERE THERE IS  NO  MATCH
OF A SINGLE SOURCE DNA PROFILE FROM THE CRIME SCENE, AND WHERE ALL OTHER
LEADS HAVE BEEN EXHAUSTED.
  (III)  THE COMMISSION, IN CONJUNCTION WITH THE DNA SUBCOMMITTEE, SHALL
CREATE A NEW YORK STATE FAMILIAL SEARCH POLICY TO IMPLEMENT FAMILIAL DNA
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.
  § 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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The New York State Senate

senate Bill S2956A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Feb 6, 2017 - floor Vote

Floor Vote: Feb 6, 2017

Feb 6, 2017 - Rules committee Vote

Rules Committee Vote: Feb 6, 2017

Bill Amendments

Co-Sponsors

S2956 - Details

S2956 - Summary

S2956 - Sponsor Memo

S2956 - Bill Text download pdf

Co-Sponsors

S2956A (ACTIVE) - Details

S2956A (ACTIVE) - Summary

S2956A (ACTIVE) - Sponsor Memo

S2956A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2956A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

Feb 6, 2017 - floor Vote

Floor Vote: Feb 6, 2017

Feb 6, 2017 - Rules committee Vote

Rules Committee Vote: Feb 6, 2017

Bill Amendments

Co-Sponsors

S2956 - Details

S2956 - Summary

S2956 - Sponsor Memo

S2956 - Bill Text download pdf

Co-Sponsors

S2956A (ACTIVE) - Details

S2956A (ACTIVE) - Summary

S2956A (ACTIVE) - Sponsor Memo

S2956A (ACTIVE) - Bill Text download pdf

Comments