NY State Senate Bill 2021-S6130A

Senate Bill S6130A

2021-2022 Legislative Session

Establishes the New York state online genealogy website search policy and relates to the release of certain information

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	reported and committed to codes
Mar 18, 2022	print number 6130a
Mar 18, 2022	amend and recommit to internet and technology
Jan 05, 2022	referred to internet and technology
Apr 12, 2021	referred to internet and technology

Votes

- May 11, 2022 - Internet And Technology Committee Vote
  S6130A
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: May 11, 2022
      
      aye (6)
      
      Borrello
      
      Mannion
      
      Oberacker
      
      Parker
      
      Ramos
      
      Savino
      
      nay (1)
      
      Thomas

Bill Amendments

Original

A (Active)

2021-S6130 - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8664
2019-2020: S703

2021-S6130 - Summary

Establishes the New York state online genealogy website search policy; relates to the release of certain information.

2021-S6130 - Sponsor Memo

                                
 
BILL NUMBER: S6130

SPONSOR: BOYLE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow the DNA subcommittee to make nonbinding
recommendations to create an online genealogy website search policy.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Requires the DNA subcommittee to research findings on online
genealogy websites and provide nonbinding recommendations for implemen-
tation of a search policy using online genealogy websites.  Requires a
report to be made to the legislature by the commission no later than Dec
1, 2021.

Section 2. Authorizes online genealogy 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 Online Genealogy Search Policy to
implement such searching in NY.

Section 3. Establishes effective date

 
JUSTIFICATION:

New York currently has very narrow guidelines for familial DNA searching
and rightfully so. This legislation would allow the subcommittee to
explore a potential policy for use of free, online genealogy websites
that make user DNA information available. Most recently, California was
able to find the "Golden State Killer" using an online genealogy website
that allows users to upload a DNA profile and share that information
publicly on the website's database. The DNA profile failed to find any
matches within the federal or state databases. Clearly, use of online
genealogy websites can be an important investigative tool for solving
cold cases. If New York were to adopt such use of online genealogy
websites, the DNA subcommittee should put forth a policy that would
limit its use to only the most necessary cases, as authorized in this
legislation.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.703 - Referred to Finance
2019: S.703 - Referred to Finance
2018: S.8664 - Referred to Finance

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
180 days after it shall have become law; effective immediately any addi-
tion, amendment or repeal of rules/regulation necessary for the imple-
mentation of this act on its effective date are authorized to be made
and completed on or before such effective date.

2021-S6130 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6130
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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 TWENTY-ONE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10616-01-1

 S. 6130                             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.

2021-S6130A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8664
2019-2020: S703

2021-S6130A (ACTIVE) - Summary

Establishes the New York state online genealogy website search policy; relates to the release of certain information.

2021-S6130A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6130A

SPONSOR: BOYLE
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will allow the DNA subcommittee to make nonbinding
recommendations to create an online genealogy website search policy.

 
SUMMARY OF PROVISIONS:

Section 1. Requires the DNA subcommittee to research findings on online
genealogy websites and provide nonbinding recommendations for implemen-
tation of a search policy using online genealogy websites.  Requires a
report to be made to the legislature by the commission no later than Dec
1, 2022.

Section 2. Authorizes online genealogy 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 Online Genealogy Search Policy to
implement such searching in NY.

Section 3. Establishes effective date

 
JUSTIFICATION:

New York currently has very narrow guidelines for familial DNA searching
and rightfully so. This legislation would allow the subcommittee to
explore a potential policy for use of free, online genealogy websites
that make user DNA information available. Most recently, California was
able to find the "Golden State Killer" using an online genealogy website
that allows users to upload a DNA profile and share that information
publicly on the website's database. The DNA profile failed to find any
matches within the federal or state databases. Clearly, use of online
genealogy websites can be an important investigative tool for solving
cold cases. If New York were to adopt such use of online genealogy
websites, the DNA subcommittee should put forth a policy that would
limit its use to only the most necessary cases, as authorized in this
legislation.

 
LEGISLATIVE HISTORY:

2020: S.703 - Referred to Finance

2019: S.703 - Referred to Finance

2018: S.8664 - Referred to Finance

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
180 days after it shall have become law; effective immediately any addi-
tion, amendment or repeal of rules/regulation necessary for the imple-
mentation of this act on its effective date are authorized to be made
and completed on or before such effective date.

2021-S6130A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6130--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   recommitted to the Committee on Internet and Technology in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10616-02-2

 S. 6130--A                          2
 
 DEEM  NECESSARY  AND APPROPRIATE, TO THE GOVERNOR AND THE LEGISLATURE NO
 LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-TWO.
   (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.

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