|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 24, 2022||referred to internet and technology|
senate Bill S8408
Current Bill Status - In Senate Committee Internet And Technology Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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) - Sponsor Memo
BILL NUMBER: S8408 SPONSOR: HOYLMAN TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To provide that DNA of a victim collected from a sexual offense evidence kit may not be entered into state or local DNA databases and cannot be used as part of reasonable cause to arrest or convict. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the executive law to provide that no DNA sample, record, product, or evidence collected or resulting from the collection of DNA of a victim collected in a sexual offense evidence kit shall be included in the state DNA identification index. Any DNA of a victim collected in a sexual offense evidence kit and already stored in a DNA identification index shall be expunged within 90 days.
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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