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Assembly Bill A9077

2019-2020 Legislative Session

Prevents genealogy firms from sharing genetic information of individuals with law enforcement without a signed waiver

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Archive: Last Bill Status - In Assembly Committee

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2019-A9077 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd §79-l, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A3867

2019-A9077 (ACTIVE) - Summary

Prevents genealogy firms from sharing genetic information of individuals with law enforcement without a signed waiver.

2019-A9077 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9077
 
                           I N  A S S E M B L Y
 
                             January 16, 2020
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to preventing genealo-
   gy firms from sharing genetic  information  of  individuals  with  law
   enforcement without a signed waiver
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 79-l  of  the  civil  rights
 law,  as added by chapter 497 of the laws of 1996, is amended to read as
 follows:
   Confidentiality of records of genetic tests AND INFORMATION.
   § 2. Subdivision 1 of section 79-l of the civil rights law is  amended
 by adding three new paragraphs (e), (f) and (g) to read as follows:
   (E)  "GENEALOGY  FIRM" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, LIMITED
 LIABILITY COMPANY, CORPORATION, JOINT VENTURE, OR ANY OTHER LEGAL ENTITY
 WHICH COLLECTS BIOLOGICAL SAMPLES FROM INDIVIDUALS FOR  THE  PURPOSE  OF
 CONDUCTING  A  GENETIC  ANALYSIS AND PROVIDING SUCH INDIVIDUALS WITH THE
 RESULTS OF SUCH GENETIC ANALYSIS.
   (F) "GENETIC ANALYSIS" SHALL MEAN CONDUCTING AN ANALYSIS OF  THE  DNA,
 CHROMOSOMES,  GENES,  OR  GENE  PRODUCTS  CONTAINED  WITHIN A BIOLOGICAL
 SAMPLE IN ORDER TO IDENTIFY INFORMATION ABOUT THE  INDIVIDUAL  PROVIDING
 SUCH  BIOLOGICAL  SAMPLE INCLUDING, BUT NOT LIMITED TO, GENETIC ANCESTRY
 OR A PREDISPOSITION TO ANY GENETIC DISEASE OR DISABILITY.
   (G) "GENETIC INFORMATION" SHALL  MEAN  A  BIOLOGICAL  SAMPLE,  OR  ANY
 INFORMATION DERIVED FROM A GENETIC ANALYSIS OF SUCH BIOLOGICAL SAMPLE.
   §  3.  Section 79-l of the civil rights law is amended by adding a new
 subdivision 12 to read as follows:
   12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO GENEALOGY  FIRM  OR
 ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR REPRESENTATIVE OF SUCH GENEAL-
 OGY  FIRM,  SHALL  SURRENDER  GENETIC  INFORMATION TO LAW ENFORCEMENT IN
 RESPONSE TO A WARRANT, SUBPOENA, OR FORMAL OR INFORMAL REQUEST FOR  SUCH
 GENETIC  INFORMATION,  UNLESS  THE INDIVIDUAL WHO SUBMITTED SUCH GENETIC
 INFORMATION TO SUCH GENEALOGY FIRM SIGNS A WAIVER EXPLICITLY  PERMITTING
 SUCH  GENETIC  INFORMATION  TO  BE SHARED WITH LAW ENFORCEMENT. NOTWITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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