Assembly Bill A1537

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1537
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, EPSTEIN, CRUZ, MAMDANI, RAGA, FORREST
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting the use of
   DNA phenotyping in criminal prosecutions and proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 838-c
 to read as follows:
   § 838-C. DNA PHENOTYPING. 1. AS USED IN THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DNA PHENOTYPING" SHALL MEAN THE PROCESS OF PREDICTING A PERSON'S
 PHYSICAL BIOMETRIC INFORMATION AND OTHER OBSERVABLE PHYSICAL OR BIOCHEM-
 ICAL CHARACTERISTICS, ANCESTRY OR FAMILIAL CONNECTIONS BASED ON AN ANAL-
 YSIS OF SUCH PERSON'S DNA; AND
   (B) "PHYSICAL BIOMETRIC INFORMATION" SHALL MEAN AN INDIVIDUAL'S  PHYS-
 ICAL  CHARACTERISTICS,  INCLUDING,  BUT  NOT LIMITED TO, EYE COLOR, HAIR
 COLOR, SKIN COLOR, FRECKLING AND FACE SHAPE.
   2. NO LAW ENFORCEMENT  AGENCY  OR  MEMBER  OF  LAW  ENFORCEMENT  SHALL
 CONTRACT FOR DNA PHENOTYPING SERVICES WITH ANY PUBLIC OR PRIVATE ENTITY.
   3.  NO  PRODUCT  OR EVIDENCE THAT RESULTS OR FLOWS FROM THE USE OF DNA
 PHENOTYPING MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND  ANY
 PRODUCT  OR EVIDENCE THAT RESULTS OR FLOWS FROM THE USE OF DNA PHENOTYP-
 ING IS PROHIBITED FROM USE IN  AN  INVESTIGATION.  FOR  CRIMINAL  PROSE-
 CUTIONS  AND  PROCEEDINGS, ANY EVIDENCE OR PRODUCT THAT RESULTS OR FLOWS
 FROM THE USE OF DNA PHENOTYPING IS INADMISSIBLE.
   4. ANY CONVICTION OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH THE
 USE OF DNA PHENOTYPING, SHALL BE ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH
 SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW.
   5.  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, INCLUDING BUT NOT LIMITED TO, THE DESTRUCTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01793-01-5
              

 A. 1537                             2
 
 OF  ANY PRODUCT OF DNA PHENOTYPING. 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and any physical biometric information obtained  as  a
 result  of  DNA phenotyping already in possession of law enforcement and
 peace officers shall be immediately destroyed.