S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5578
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by M. of A. SMITH -- 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-THREE.
   (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
 INTENTIONAL  OR  DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01068-01-3
              

 A. 5578                             2
 
 PURPOSE OF POTENTIALLY IDENTIFYING CLOSE  BIOLOGICAL  RELATIVES  OF  THE
 UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME SCENE PROFILE.
   § 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.