The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10344
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Smith,
   J. A. Giglio, Tannousis, Brabenec, Mikulin) -- read once and  referred
   to the Committee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to establishing the New
   York state familial search policy and the release of  information  for
   familial DNA searches

   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 FAMILIAL SEARCH POLICY. THE FAMILIAL SEARCH  POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO, ASSESSING AND EVALUATING THE ACCU-
 RACY  OF FAMILIAL DNA SEARCHES, PROVIDING RECOMMENDATIONS ON THE PARAME-
 TERS FOR FAMILIAL DNA SEARCHING, CREATING PROCEDURES FOR  WHEN  FAMILIAL
 SEARCHES  SHOULD  AND  SHOULD  NOT BE USED, AND DETERMINING THE EXPECTED
 FISCAL IMPLICATIONS OF CONDUCTING FAMILIAL  DNA  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-TWO.
   (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
 INTENTIONAL OR DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED  FOR  THE
 PURPOSE  OF  POTENTIALLY  IDENTIFYING  CLOSE BIOLOGICAL RELATIVES OF THE
 UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME SCENE PROFILE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15743-01-2
 A. 10344                            2
 
   § 2. Subdivision 6 of section 995-c of the executive law is amended by
 adding a new paragraph (d) to read as follows:
   (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
 FAMILIAL DNA 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) FAMILIAL DNA 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 FAMILIAL SEARCH POLICY TO IMPLEMENT FAMILIAL DNA
 SEARCHING IN THE STATE OF NEW YORK.  THE  DNA  SUBCOMMITTEE  REPORT,  AS
 AUTHORIZED  IN  PARAGRAPH  (E)  OF  SUBDIVISION THIRTEEN OF SECTION NINE
 HUNDRED NINETY-FIVE-B OF THIS ARTICLE, MAY PROVIDE ADDITIONAL GUIDELINES
 AND RECOMMENDATIONS FOR THE NEW YORK STATE FAMILIAL 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.