senate Bill S8408

2021-2022 Legislative Session

Relates to limiting the use of a victims DNA collected from sexual offense evidence kits

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2022 referred to internet and technology

S8408 (ACTIVE) - Details

Current Committee:
Senate Internet And Technology
Law Section:
Executive Law
Laws Affected:
Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L

S8408 (ACTIVE) - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

S8408 (ACTIVE) - Sponsor Memo

S8408 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                             I N  S E N A T E
 
                             February 24, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 and the public health law, in relation
   to the use of DNA collected from sexual offense evidence kits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section 995-c of the executive law is
 amended by adding two new paragraphs (c) and (d) to read as follows:
   (C) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE KIT SHALL BE INCLUDED IN THE STATE DNA IDENTIFICATION INDEX.
   (D) ANY DNA RECORD OF  A  VICTIM,  COLLECTED  FROM  A  SEXUAL  OFFENSE
 EVIDENCE  KIT AND STORED IN A DNA IDENTIFICATION INDEX MAINTAINED BY THE
 STATE OR ANY COUNTY, CITY, TOWN,  VILLAGE,  OR  MUNICIPALITY,  OR  ENTI-
 TY THEREOF,  MUST  BE EXPUNGED WITHIN NINETY DAYS OF THE EFFECTIVE  DATE
 OF THIS PARAGRAPH.
   § 2. Subdivision 1 of section 838-a of the executive law is amended by
 adding  four new paragraphs (g), (h), (i) and (j) to read as follows:
   (G) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE  KIT    MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND
 ANY PRODUCT  OR EVIDENCE THAT RESULTS FROM THE USE OF DNA  OF  A  VICTIM
 COLLECTED  FROM  A SEXUAL OFFENSE EVIDENCE KIT IS PROHIBITED FROM USE IN
 AN  INVESTIGATION.  FOR CRIMINAL PROSECUTIONS   AND    PROCEEDINGS,  ANY
 EVIDENCE  OR  PRODUCT  THAT  RESULTS OR FLOWS FROM THE USE OF DNA OF THE
 VICTIM COLLECTED FROM A SEXUAL OFFENSE EVIDENCE KIT IS INADMISSIBLE.
   (H) NO  DNA SAMPLE, RECORD, PRODUCT  OR EVIDENCE COLLECTED OR  RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM IN  A SEXUAL OFFENSE EVIDENCE
 KIT SHALL BE TRANSMITTED TO ANY LOCAL OR STATE DNA DATABASE.
   (I)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF DNA OF A VICTIM COLLECTED IN A SEXUAL  OFFENSE  EVIDENCE  KIT
 SHALL  BE  ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION 440.10 OF THE
 CRIMINAL PROCEDURE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14786-02-2

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