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Assembly Bill A627A

2025-2026 Legislative Session

Relates to requiring consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from certain minors

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Current Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2025-A627 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6747
2023-2024: A3917

2025-A627 - Summary

Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor and/or pick up of a discarded sample of a minor prior to the lawful arrest of such minor.

2025-A627 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    627
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON, SIMON, DAVILA -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring consent of a
   minor's  parent,  legal  guardian  or  attorney  for  law  enforcement
   collection of DNA from certain minors
 
   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  837-y
 to read as follows:
   §  837-Y.  COLLECTION  OF  DNA  FROM CERTAIN MINORS. 1. NO MEMBER OF A
 POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE STATE  POLICE  OR  OTHER
 LAW ENFORCEMENT OFFICER SHALL COLLECT A DNA SAMPLE FROM A MINOR PRIOR TO
 THE  LAWFUL  ARREST  OF  SUCH  MINOR WITHOUT FIRST OBTAINING THE WRITTEN
 CONSENT OF SUCH MINOR'S PARENT, LEGAL GUARDIAN OR ATTORNEY, EXCEPT:
   (A) WHERE THE DNA SAMPLE IS ABANDONED AT THE SCENE OF AN ALLEGED CRIM-
 INAL OFFENSE AND IS NOT COLLECTED FROM THE MINOR'S PERSON; OR
   (B) WHERE THE DNA SAMPLE IS COLLECTED FROM A MINOR WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIMINAL OFFENSE.
   2.  SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
 ANY LAWFUL METHOD OF COLLECTING A DNA SAMPLE FROM A MINOR PURSUANT TO  A
 SEARCH  WARRANT,  OTHER  COURT ORDER OR PROVISION OF LAW THAT AUTHORIZES
 THE SEARCH OF A MINOR FOR THE PURPOSE OF COLLECTING A DNA SAMPLE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "DNA SAMPLE" MEANS ANY AMOUNT OF  BLOOD,  SALIVA,  HAIR  OR  OTHER
 BODILY MATERIAL FROM WHICH DEOXYRIBONUCLEIC ACID CAN BE EXTRACTED.
   (B)  "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT WHO IS AUTHOR-
 IZED TO CONDUCT AN INVESTIGATION, PROSECUTE OR  MAKE  AN  ARREST  FOR  A
 CRIMINAL OFFENSE.
   (C) "MINOR" MEANS A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2025-A627A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6747
2023-2024: A3917

2025-A627A (ACTIVE) - Summary

Requires the written consent of a minor's parent, legal guardian or attorney for law enforcement collection of DNA from a minor and/or pick up of a discarded sample of a minor prior to the lawful arrest of such minor.

2025-A627A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  627--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON, SIMON, DAVILA -- read once and referred
   to the Committee on Governmental Operations --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the executive law, in relation to requiring consent of a
   minor's  parent,  legal  guardian  or  attorney  for  law  enforcement
   collection of DNA from certain minors
 
   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  837-y
 to read as follows:
   §  837-Y.  COLLECTION  OF  DNA  FROM CERTAIN MINORS. 1. NO MEMBER OF A
 POLICE DEPARTMENT, COUNTY SHERIFF'S OFFICE, THE STATE  POLICE  OR  OTHER
 LAW  ENFORCEMENT  OFFICER SHALL COLLECT A DNA SAMPLE FROM A MINOR AND/OR
 PICK UP A DISCARDED SAMPLE PRIOR TO THE  LAWFUL  ARREST  OF  SUCH  MINOR
 WITHOUT  FIRST  OBTAINING  THE  WRITTEN  CONSENT OF SUCH MINOR'S PARENT,
 LEGAL GUARDIAN OR ATTORNEY, EXCEPT:
   (A) WHERE THE DNA SAMPLE IS ABANDONED AT THE SCENE OF AN ALLEGED CRIM-
 INAL OFFENSE AND IS NOT COLLECTED FROM THE MINOR'S PERSON; OR
   (B) WHERE THE DNA SAMPLE IS COLLECTED FROM A MINOR WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIMINAL OFFENSE.
   2.  SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
 ANY LAWFUL METHOD OF COLLECTING A DNA SAMPLE FROM A MINOR PURSUANT TO  A
 SEARCH  WARRANT,  OTHER  COURT ORDER OR PROVISION OF LAW THAT AUTHORIZES
 THE SEARCH OF A MINOR FOR THE PURPOSE OF COLLECTING A DNA SAMPLE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "DNA SAMPLE" MEANS ANY AMOUNT OF  BLOOD,  SALIVA,  HAIR  OR  OTHER
 BODILY MATERIAL FROM WHICH DEOXYRIBONUCLEIC ACID CAN BE EXTRACTED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00976-03-5

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