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Assembly Bill A6747A

2021-2022 Legislative Session

Relates to requiring consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from certain minors

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A6747 - Details

See Senate Version of this Bill:
S8074
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:
2023-2024: A3917
2025-2026: A627

2021-A6747 - Summary

Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor prior to the lawful arrest of such minor.

2021-A6747 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6747
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring consent of a
   minor's  parent,  legal  guardian  or  attorney  for  law  enforcement
   collection of DNA from certain minors

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-w
 to read as follows:
   §  837-W.  COLLECTION  OF  DNA  FROM CERTAIN MINORS. 1. NO MEMBER OF A
 POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE STATE  POLICE  OR  OTHER
 LAW ENFORCEMENT OFFICER SHALL COLLECT A DNA SAMPLE FROM A MINOR PRIOR TO
 THE  LAWFUL  ARREST  OF  SUCH  MINOR WITHOUT FIRST OBTAINING THE WRITTEN
 CONSENT OF SUCH MINOR'S PARENT, LEGAL GUARDIAN OR ATTORNEY, EXCEPT:
   (A) WHERE THE DNA SAMPLE IS ABANDONED AT THE SCENE OF AN ALLEGED CRIM-
 INAL OFFENSE AND IS NOT COLLECTED FROM THE MINOR'S PERSON; OR
   (B) WHERE THE DNA SAMPLE IS COLLECTED FROM A MINOR WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIMINAL OFFENSE.
   2.  SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
 ANY LAWFUL METHOD OF COLLECTING A DNA SAMPLE FROM A MINOR PURSUANT TO  A
 SEARCH  WARRANT,  OTHER  COURT ORDER OR PROVISION OF LAW THAT AUTHORIZES
 THE SEARCH OF A MINOR FOR THE PURPOSE OF COLLECTING A DNA SAMPLE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "DNA SAMPLE" MEANS ANY AMOUNT OF  BLOOD,  SALIVA,  HAIR  OR  OTHER
 BODILY MATERIAL FROM WHICH DEOXYRIBONUCLEIC ACID CAN BE EXTRACTED.
   (B)  "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT WHO IS AUTHOR-
 IZED TO CONDUCT AN INVESTIGATION, PROSECUTE OR  MAKE  AN  ARREST  FOR  A
 CRIMINAL OFFENSE.
   (C) "MINOR" MEANS A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2021-A6747A (ACTIVE) - Details

See Senate Version of this Bill:
S8074
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:
2023-2024: A3917
2025-2026: A627

2021-A6747A (ACTIVE) - Summary

Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor prior to the lawful arrest of such minor.

2021-A6747A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6747--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to requiring consent of a
   minor's  parent,  legal  guardian  or  attorney  for  law  enforcement
   collection of DNA from certain minors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-x
 to read as follows:
   § 837-X. COLLECTION OF DNA FROM CERTAIN MINORS.  1.  NO  MEMBER  OF  A
 POLICE  DEPARTMENT,  COUNTY  SHERIFF'S OFFICE, THE STATE POLICE OR OTHER
 LAW ENFORCEMENT OFFICER SHALL COLLECT A DNA SAMPLE FROM A MINOR PRIOR TO
 THE LAWFUL ARREST OF SUCH MINOR  WITHOUT  FIRST  OBTAINING  THE  WRITTEN
 CONSENT OF SUCH MINOR'S PARENT, LEGAL GUARDIAN OR ATTORNEY, EXCEPT:
   (A) WHERE THE DNA SAMPLE IS ABANDONED AT THE SCENE OF AN ALLEGED CRIM-
 INAL OFFENSE AND IS NOT COLLECTED FROM THE MINOR'S PERSON; OR
   (B)  WHERE  THE DNA SAMPLE IS COLLECTED FROM A MINOR WHO IS ALLEGED TO
 BE THE VICTIM OF A CRIMINAL OFFENSE.
   2. SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSTRUED TO  PROHIBIT
 ANY  LAWFUL METHOD OF COLLECTING A DNA SAMPLE FROM A MINOR PURSUANT TO A
 SEARCH WARRANT, OTHER COURT ORDER OR PROVISION OF  LAW  THAT  AUTHORIZES
 THE SEARCH OF A MINOR FOR THE PURPOSE OF COLLECTING A DNA SAMPLE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "DNA  SAMPLE"  MEANS  ANY  AMOUNT OF BLOOD, SALIVA, HAIR OR OTHER
 BODILY MATERIAL FROM WHICH DEOXYRIBONUCLEIC ACID CAN BE EXTRACTED.
   (B) "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT WHO IS  AUTHOR-
 IZED  TO  CONDUCT  AN  INVESTIGATION,  PROSECUTE OR MAKE AN ARREST FOR A
 CRIMINAL OFFENSE.
   (C) "MINOR" MEANS A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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