NY State Senate Bill 2023-S7734

Senate Bill S7734

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Internet And Technology 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
Nov 01, 2023	referred to rules

2023-S7734 (ACTIVE) - Details

See Assembly Version of this Bill:: A8442
Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L

2023-S7734 (ACTIVE) - Summary

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

2023-S7734 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7734

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit familial DNA searches of New York State's DNA identification
index.

 
SUMMARY OF PROVISIONS:

Section One: Amends the opening paragraph of subdivision 9 and subdivi-
sion 12 of section 995b of the executive law to require that standards
promulgated by the commission on forensic science of the division of
criminal justice services shall prohibit a familial DNA search of the
state DNA identification index.

Section two: Section 995-c of the executive law is amended by adding a
new subdivision 10 to prohibit a search of the state DNA identification
index for which the offender may be a biological relative of the indi-
vidual from whom the DNA sample was acquired.

Section three: Provides for the effective date.

 
EXISTING LAW:

Section 995-b of the executive law establishes the powers and duties of
the commission on forensic science of the division of criminal justice
services.

Section 995-c of the executive law establishes New York State's DNA
identification index.

 
JUSTIFICATION:

An October 2023 New York State Court of Appeals ruling has allowed the
state to use familial DNA searches in criminal cases, reversing a lower
court ruling from the prior year that blocked the practice.

Communities of color are generally overpoliced and police DNA databases
are more likely to contain their DNA. Allowing police to use familial
DNA could seriously invade the privacy and surveillance of communities
of color by enveloping DNA from uninvolved persons and potentially
contributing to further racial oppression.

A basic principle of American jurisprudence is to avoid unduly harming
or targeting the innocent. Familial DNA can unjustly target innocent
relatives (siblings, parents, and children) and use of such searches
would appear to violate this principle. Further, it would seem to
violate an individual's right to genetic privacy, due process, equal
protection, and equal treatment under New York State law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DA1 E:

Immediately

2023-S7734 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7734
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 1, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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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