NY State Senate Bill 2023-S997A

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
May 16, 2023	print number 997a
May 16, 2023	amend and recommit to internet and technology
Jan 09, 2023	referred to internet and technology

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S997 - Details

See Assembly Version of this Bill:: A5350
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
Versions Introduced in 2021-2022 Legislative Session:: S8408

2023-S997 - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

2023-S997 - Sponsor Memo

                                 
BILL NUMBER: S997                 Revised 1/19/2023

SPONSOR: HOYLMAN-SIGAL
 
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:

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.

Section 2 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 used as part of reasonable cause of arrest, or be used in an
investigation. Any evidence that results from such use is inadmissible
and any conviction obtained through the use of DNA victim collection
shall be eligible for relief. The court may mandate changes in policies
of police departments to remedy a violation under this section.

Section 3 amends the public health law by providing 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 may be
transmitted to any local or state DNA database, or be used as reasonable
cause of arrest or in criminal proceedings.

Section 4 provides for expungement of any state of local DNA database
that has samples of DNA collected from a victim through a sexual offense
evidence kit.

Section 5 is the effective date.

 
JUSTIFICATION:

Across the country, police use DNA samples collected from sexual assault
victims to identify them as possible suspects in other crimes. These DNA
samples are collected during the collection of a "rape kit" also known
as a sexual offense evidence kit, a tool used by law enforcement to
prosecute sex crimes. This practice treats victims as criminals in cases
completely unrelated to their sexual assault. When someone elects to
have a sexual offense evidence kit exam, they are consenting to the use
of their DNA for a very narrow focus: to hold the perpetrator of their
assault accountable. Any other use is a violation of the survivor's
privacy.

Additionally, people may be reluctant to report sexual assault if they
fear that their DNA could be used against them.  This legislation
ensures that a victim's DNA collected from a sexual offense evidence kit
may not be entered into state or local DNA databases, and cannot be used
as reasonable cause for arrest or be used in an investigation. The
legislation also provides for expungement of DNA in state or local data-
bases that have been collected through this manner.

 
LEGISLATIVE HISTORY:

S.8408 of 2021-2022 (Hoylman): Died in Internet & Technology

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S997 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    997
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04096-01-3

 S. 997                              2
 
 SHALL  BE  ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION 440.10 OF THE
 CRIMINAL PROCEDURE LAW.
    (J)   IN   ANY  ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION,
 THE COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR   ENFORCE
 ANY  VIOLATION  OF  THIS  SECTION.  THE COURT MAY MANDATE CHANGES IN THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   § 3. Subdivision 2 of section 2805-i  of  the  public  health  law  is
 amended  by  adding four new paragraphs (k), (l), (m) and (n) to read as
 follows:
   (K) 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.
   (L)  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.
   (M) 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.
   (N)   IN   ANY   ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION,
 THE COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR   ENFORCE
 ANY  VIOLATION  OF  THIS  SECTION.  THE COURT MAY MANDATE CHANGES IN THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S997A (ACTIVE) - Details

See Assembly Version of this Bill:: A5350
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
Versions Introduced in 2021-2022 Legislative Session:: S8408

2023-S997A (ACTIVE) - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

2023-S997A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S997A

SPONSOR: HOYLMAN-SIGAL
 
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:

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 may not be
used as part of reasonable cause for an arrest or as evidence for a
conviction.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds five new paragraphs to subdivision 3 of section 995-c of
the executive law. Paragraph (c)defines "DNA profile." Paragraphs (d)
and (e) forbid the use of DNA profiles for comparison purposes in unre-
lated criminal investigations and prohibit the inclusion of DNA profiles
in any state or local DNA identification index. Paragraph (f) provides

for the expungement of DNA profiles from public and private databases
for persons with no pending charges that would qualify them for inclu-
sion, and paragraph (g) provides for the secure storage of DNA profiles
remaining after requested testing or analysis.

Section 2 adds four new paragraphs to subdivision 1 of section 838-a of
the executive law. Paragraph (g) provides that no DNA samples or
profiles submitted, developed, or collected from a victim of a sexual
offense via a sexual offense evidence kit shall be used as part of
reasonable cause for arrest, or be used in an unrelated investigation,
and that any evidence that results from such use is inadmissible in
criminal prosecutions and proceedings. Paragraph (h) forbids the trans-
mission of a victim's DNA profile to local or state DNA identification
indexes or databases. Paragraph (i and j) provide that any conviction
against a victim obtained directly or indirectly through the use of DNA
victim collection shall be eligible for relief and that the court may
mandate changes in policies of police departments to remedy a violation
under this section.

Section 3 adds four new paragraphs to subdivision 2 of section 2805-I of
the public health law. Paragraph (k) defines "DNA profile" and provides
that no victim's DNA profile may be used as part of reasonable cause for
arrest, or in unrelated investigations, and that any evidence from a
violation of that section shall be inadmissible in criminal prosecutions
and proceedings. Paragraphs (1),(m), and (n) forbid the transmission of
a victim's DNA profile to local or state DNA identification indexes or
databases and provide that any conviction against a victim obtained
directly or indirectly through the use of DNA victim collection shall be
eligible for relief and that the court may mandate changes in policies
of police departments to remedy a violation under this section.

Section 5 is the effective date.

 
JUSTIFICATION:

Across the country, police use DNA samples collected from sexual assault
victims to identify them as possible suspects in other crimes. These DNA
samples are collected during the collection of a "rape kit" also known
as a sexual offense evidence kit, a tool used by law enforcement to
prosecute sex crimes. This practice treats victims as criminals in cases
completely unrelated to their sexual assault. When someone elects to
have a sexual offense evidence kit exam, they are consenting to the use
of their DNA for a very narrow focus: to hold the perpetrator of their
assault accountable. Any other use is a violation of the survivor's
privacy.

Additionally, people may be reluctant to report sexual assault if they
fear that their DNA could be used against them.  This legislation
ensures that a victim's DNA collected from a sexual offense evidence kit
may not be entered into state or local DNA data- bases, and cannot be
used as reasonable cause for arrest or be used in an unrelated investi-
gation. The legislation also provides for expungement of DNA in state or
local databases that have been collected in this manner.

 
LEGISLATIVE HISTORY:

S.8408 of 2021-2022 (Hoylman): Died in Internet & Technology

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S997A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  997--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, WEBB -- read twice and ordered print-
   ed,  and when printed to be committed to the Committee on Internet and
   Technology -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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 five new paragraphs (c), (d), (e), (f) and (g) to read
 as follows:
   (C) FOR THE PURPOSES OF PARAGRAPHS (D), (E),  (F),  AND  (G)  OF  THIS
 SUBDIVISION:
   (I) "DNA PROFILE" SHALL MEAN A DNA SAMPLE, RECORD, PRODUCT, OR PROFILE
 VOLUNTARILY SUBMITTED OR COLLECTED FROM A VICTIM OF A SEXUAL OFFENSE VIA
 A  SEXUAL  OFFENSE EVIDENCE KIT, A SEXUAL ASSAULT NURSE EXAMINATION KIT,
 PROVIDED FOR THE PURPOSES OF EXCLUSION, OR DEVELOPED FROM  A  KNOWN  DNA
 REFERENCE  SAMPLE,  AND  SHALL NOT BE CONSTRUED TO PERTAIN TO DESIGNATED
 OFFENDER DNA; AND
   (II) "DNA IDENTIFICATION INDEX" DOES NOT INCLUDE STORAGE OR  TREATMENT
 OF  EVIDENCE AS LAID OUT IN SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THIS
 CHAPTER OR SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.
   (D) A DNA PROFILE SHALL NOT BE USED FOR  COMPARISON  PURPOSES  IN  ANY
 UNRELATED CRIMINAL INVESTIGATION. SUCH DNA SHALL NOT BE COLLECTED, CATA-
 LOGED,  INDEXED, STORED, OR UPLOADED TO ANY STATE OR LOCAL DNA IDENTIFI-
 CATION INDEX MAINTAINED OR OPERATED BY A PUBLIC AGENCY.
   (E) (I) DNA PROFILES SHALL ONLY BE USED FOR PURPOSES DIRECTLY  RELATED
 TO THE INCIDENT BEING INVESTIGATED.
   (II)  NO  LAW  ENFORCEMENT AGENCY OR AGENT THEREOF MAY COMPARE ANY DNA
 PROFILES DESCRIBED IN THIS PARAGRAPH OR PARAGRAPH (D), (F),  OR  (G)  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04096-02-3
 S. 997--A                           2

 
 THIS  SUBDIVISION  WITH DNA SAMPLES OR RECORDS THAT DO NOT RELATE TO THE
 INCIDENT BEING INVESTIGATED.
   (F)    DNA  PROFILES  SHALL  HAVE  THEIR  SEARCHABLE  DATABASE PROFILE
 EXPUNGED FROM ALL PUBLIC AND PRIVATE DATABASES IF THE PERSON HAS NO PAST
 OR PRESENT OFFENSE OR PENDING CHARGE WHICH  QUALIFIES  SUCH  PERSON  FOR
 INCLUSION WITHIN THE STATE'S DNA IDENTIFICATION INDEX.
   (G) ANY PART OF A DNA PROFILE THAT REMAINS AFTER THE REQUESTED TESTING
 OR  ANALYSIS HAS BEEN PERFORMED SHALL BE SECURELY STORED AND MAY ONLY BE
 USED IN ACCORDANCE WITH THE RESTRICTIONS ON USE AND  DISCLOSURE  OF  THE
 SAMPLE PROVIDED IN THIS SECTION AND SECTION EIGHT HUNDRED THIRTY-EIGHT-A
 OF  THE  EXECUTIVE  LAW  OR  SECTION  TWENTY-EIGHT HUNDRED FIVE-I OF THE
 PUBLIC HEALTH LAW.
   § 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) KNOWN REFERENCE DNA SAMPLES OR PROFILES SUBMITTED,  DEVELOPED,  OR
 COLLECTED  FROM  A  VICTIM  OF  A  SEXUAL  OFFENSE  VIA A SEXUAL OFFENSE
 EVIDENCE KIT SHALL NOT BE USED AS PART OF REASONABLE CAUSE  FOR  ARREST.
 SUCH EVIDENCE IS PROHIBITED FROM USE IN AN UNRELATED INVESTIGATION.  FOR
 CRIMINAL  PROSECUTIONS  AND  PROCEEDINGS,  ANY  EVIDENCE OR PRODUCT THAT
 RESULTS OR FLOWS FROM THE USE  OF  A  KNOWN  REFERENCE  DNA  SAMPLES  OR
 PROFILES  SUBMITTED,  DEVELOPED,  OR COLLECTED FROM A VICTIM OF A SEXUAL
 OFFENSE VIA A SEXUAL OFFENCE EVIDENCE KIT THAT VIOLATES ANY PROVISION OF
 THIS SECTION SHALL BE INADMISSIBLE.
   (H) NO   VICTIM'S DNA SAMPLE, RECORD,  PRODUCT,  PROFILE  OR  EVIDENCE
 COLLECTED  OR  RESULTING  FROM  THE  COLLECTION OF DNA OF A VICTIM IN  A
 SEXUAL OFFENSE EVIDENCE KIT SHALL BE TRANSMITTED TO ANY LOCAL  OR  STATE
 DNA IDENTIFICATION INDEX OR DATABASE.  DNA IDENTIFICATION INDEX OR DATA-
 BASE  DOES NOT INCLUDE STORAGE OR TREATMENT OF EVIDENCE AS LAID OUT THIS
 SECTION OR SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.
   (I) ANY CONVICTION AGAINST A VICTIM OBTAINED, EITHER DIRECTLY OR INDI-
 RECTLY, THROUGH THE USE OF A VICTIM'S DNA COLLECTED IN A SEXUAL  OFFENSE
 EVIDENCE  KIT  SHALL  BE ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION
 440.10 OF THE CRIMINAL PROCEDURE LAW.
    (J)  IN  ANY  ACTION BROUGHT BY ANY PERSON TO ENFORCE  THIS  SECTION,
 THE  COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR  ENFORCE
 ANY VIOLATION OF THIS SECTION. THE COURT  MAY  MANDATE  CHANGES  IN  THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   §  3.  Subdivision  2  of  section  2805-i of the public health law is
 amended by adding five new paragraphs (k), (l), (m), (n) and (o) to read
 as follows:
   (K) FOR THE PURPOSES OF PARAGRAPHS (L),  (M),  (N)  AND  (O)  OF  THIS
 SUBDIVISION,  "DNA PROFILE" SHALL MEAN A DNA SAMPLE, RECORD, PRODUCT, OR
 PROFILE VOLUNTARILY SUBMITTED OR COLLECTED FROM A  VICTIM  OF  A  SEXUAL
 OFFENSE  VIA A SEXUAL OFFENSE EVIDENCE KIT, A SEXUAL ASSAULT NURSE EXAM-
 INATION KIT, PROVIDED FOR THE PURPOSES OF EXCLUSION, OR DEVELOPED FROM A
 KNOWN DNA REFERENCE SAMPLE. NOTHING IN PARAGRAPHS (L), (M), (N) AND  (O)
 OF THIS SUBDIVISION SHALL BE CONSTRUED TO PERTAIN TO DESIGNATED OFFENDER
 DNA.
   (L)  DNA  PROFILES  SHALL  NOT BE USED AS PART OF REASONABLE CAUSE FOR
 ARREST.  SUCH EVIDENCE SHALL BE PROHIBITED  FROM  USE  IN  AN  UNRELATED
 INVESTIGATION.   FOR CRIMINAL PROSECUTIONS AND PROCEEDINGS, ANY EVIDENCE
 OR  PRODUCT THAT RESULTS OR FLOWS FROM THE USE OF  A  DNA  PROFILE  THAT
 VIOLATES ANY PROVISION OF THIS SECTION SHALL BE INADMISSIBLE.
   (M)  DNA  PROFILES SHALL NOT BE COLLECTED, CATALOGED, INDEXED, STORED,
 TRANSMITTED OR UPLOADED TO ANY STATE OR LOCAL DNA  IDENTIFICATION  INDEX
 S. 997--A                           3
 
 MAINTAINED OR OPERATED BY A PUBLIC AGENCY. DNA IDENTIFICATION INDEX DOES
 NOT INCLUDE STORAGE OR TREATMENT OF EVIDENCE AS LAID OUT IN THIS SECTION
 OR SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THE EXECUTIVE LAW.
   (N)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF A DNA PROFILE SHALL BE  ELIGIBLE  FOR  RELIEF  IN  ACCORDANCE
 WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW.
   (O)   IN   ANY   ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION,
 THE COURT MAY ISSUE AN INJUNCTION  TO  RESTRAIN,  PREVENT,  OR   ENFORCE
 ANY  VIOLATION  OF  THIS  SECTION.  THE COURT MAY MANDATE CHANGES IN THE
 POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND  GUIDELINES  WHEN
 SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S997A

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

Bill Amendments

co-Sponsors

2023-S997 - Details

2023-S997 - Summary

2023-S997 - Sponsor Memo

2023-S997 - Bill Text download pdf

co-Sponsors

2023-S997A (ACTIVE) - Details

2023-S997A (ACTIVE) - Summary

2023-S997A (ACTIVE) - Sponsor Memo

2023-S997A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S997A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Internet And Technology Committee

Bill Amendments

co-Sponsors

Lea Webb

2023-S997 - Details

2023-S997 - Summary

2023-S997 - Sponsor Memo

2023-S997 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

Liz Krueger

Lea Webb

2023-S997A (ACTIVE) - Details

2023-S997A (ACTIVE) - Summary

2023-S997A (ACTIVE) - Sponsor Memo

2023-S997A (ACTIVE) - Bill Text download pdf

Comments