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Senate Bill S7558

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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2025-S7558 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-y, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S6971

2025-S7558 (ACTIVE) - Summary

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

2025-S7558 (ACTIVE) - Sponsor Memo

2025-S7558 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7558
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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