Senate Bill S9799

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9799
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA, BROUK, KRUEGER, WEBB -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06142-01-5
              

 S. 9799                             2
 
 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
 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.
 S. 9799                             3
 
   (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.