Senate Bill S703

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    703
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  online genealogy website search policy and relates to the
   release of certain information
 
   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 ONLINE GENEALOGY WEBSITE SEARCH POLICY.  THE ONLINE
 GENEALOGY  WEBSITE  SEARCH  POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ASSESSING  AND  EVALUATING  THE  ACCURACY  OF  USING  ONLINE   GENEALOGY
 WEBSITES,  PROVIDING  RECOMMENDATIONS ON THE PARAMETERS FOR USING ONLINE
 GENEALOGY  WEBSITES,  CREATING  PROCEDURES  FOR  WHEN  ONLINE  GENEALOGY
 WEBSITES  SHOULD  AND  SHOULD  NOT BE USED, AND DETERMINING THE EXPECTED
 FISCAL IMPLICATIONS OF CONDUCTING ONLINE GENEALOGY 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 NINETEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04574-01-9

 S. 703                              2
 
   (V) FOR PURPOSES OF THIS PARAGRAPH  "ONLINE  GENEALOGY  SEARCH"  SHALL
 MEAN  AN  INTENTIONAL  OR DELIBERATE SEARCH OF THE DNA DATABASE USING AN
 ONLINE GENEALOGY WEBSITE CONDUCTED FOR THE PURPOSE OF POTENTIALLY  IDEN-
 TIFYING CLOSE BIOLOGICAL RELATIVES OF THE UNKNOWN FORENSIC SAMPLES ASSO-
 CIATED WITH THE CRIME SCENE PROFILE.
   §  2. Paragraph (c) of subdivision 6 of section 995-c of the executive
 law, as added by chapter 737 of the laws of 1994, is amended and  a  new
 paragraph (d) is added to read as follows:
   (c)  after personally identifiable information has been removed by the
 division, to an entity authorized by the division  for  the  purpose  of
 creating  or  maintaining  a population statistics database or for iden-
 tification research and protocol development for forensic  DNA  analysis
 or quality control purposes[.];
   (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
 ONLINE GENEALOGY 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) ONLINE GENEALOGY 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 ONLINE GENEALOGY WEBSITE SEARCH POLICY TO IMPLE-
 MENT  USING ONLINE GENEALOGY SEARCHING IN THE STATE OF NEW YORK. THE DNA
 SUBCOMMITTEE REPORT, AS AUTHORIZED IN PARAGRAPH (E) OF SUBDIVISION THIR-
 TEEN OF SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, MAY  PROVIDE
 ADDITIONAL  GUIDELINES AND RECOMMENDATIONS FOR THE NEW YORK STATE ONLINE
 GENEALOGY WEBSITE 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.