senate Bill S9089

2021-2022 Legislative Session

Establishes the New York state familial search policy and the release of information for familial DNA searches

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
May 09, 2022 referred to internet and technology

Co-Sponsors

S9089 (ACTIVE) - Details

See Assembly Version of this Bill:
A10344
Current Committee:
Senate Internet And Technology
Law Section:
Executive Law
Laws Affected:
Amd §§995-b & 995-c, Exec L

S9089 (ACTIVE) - Summary

Establishes the New York state familial search policy; relates to the release of certain information for familial DNA searches where a written agreement governing the use and dissemination of such DNA records exists.

S9089 (ACTIVE) - Sponsor Memo

S9089 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9089
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 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  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

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