Assembly Bill A8442

2023-2024 Legislative Session

Relates to the powers and duties of the commission on forensic science regarding familial DNA search regulations

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8442 (ACTIVE) - Details

See Senate Version of this Bill:
S7734
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§995-b & 995-c, Exec L

2023-A8442 (ACTIVE) - Summary

Prohibits the use of the state DNA identification index for familial DNA searches.

2023-A8442 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8442
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to the powers and  duties
   of  the  commission  on forensic science regarding familial DNA search
   regulations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 9 and subdivision 12
 of section 995-b of the executive law, as added by chapter  737  of  the
 laws of 1994, are amended to read as follows:
   After  reviewing recommendations from the division of criminal justice
 services, the commission, in consultation  with  the  DNA  subcommittee,
 shall  promulgate  a policy for the establishment and operation of a DNA
 identification index consistent with the  operational  requirements  and
 capabilities  of  the  division of criminal justice services, SUBJECT TO
 THE RESTRICTIONS SET FORTH IN SUBDIVISION TWELVE OF THIS  SECTION.  Such
 policy shall address the following issues:
   12.  Promulgate  standards  for a determination of a match between the
 DNA records contained in the state DNA identification index  and  a  DNA
 record  of a person submitted for comparison therewith; PROVIDED, HOWEV-
 ER, THAT SUCH STANDARDS SHALL PROHIBIT A FAMILIAL DNA SEARCH.
   § 2. Section 995-c of the executive law is amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  NO  SEARCH MAY BE PERFORMED OF THE STATE DNA IDENTIFICATION INDEX
 FOR THE PURPOSE OF IDENTIFICATION OF AN OFFENDER IN  CONNECTION  WITH  A
 CRIME  FOR  WHICH THE OFFENDER MAY BE A BIOLOGICAL RELATIVE OF THE INDI-
 VIDUAL FROM WHOM THE DNA SAMPLE WAS ACQUIRED.
   § 3. This act shall take effect immediately. Any  rules,  regulations,
 policies or procedures which are in conflict with the amendments made by
 this act are immediately nullified and void as against public policy.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13535-01-3

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