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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3917
SPONSOR: Jackson TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL::
To prohibit law enforcement from surreptitiously collecting DNA samples
from youths.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1: Adds a new section 837-w to the executive law that prohibits
law enforcement from collecting 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, with the following
exceptions:
-when DNA may be abandoned at the scene of a crime
-when the DNA is collected from the victim of a criminal offense.
§ 2 Allows for the collection of DNA pursuant to a search warrant, or
other court order.
§ 3 Sets definitions.
§ 4 sets effective date.
JUSTIFICATION::
Press reports have made it known that law enforcement has been secre-
tively collecting DNA samples from youths and keeping that DNA for
future identification. For example, the police might offer a snack or
drink, and then collect the DNA from the packaging, straw, or beverage
container. This is done without any credible or specific suspicion, and
can be construed as a search. Because youthful offenders do not always
know their rights and are often targeted due to practices akin to racial
profiling, this practice is both unfair and only serves to undermine
public faith in the police.
PRIOR LEGISLATIVE HISTORY::
2021-22 A.6747-A Referred to Governmental Operations / S.8074 REFERRED
TO CODES
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect ninety days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
3917
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee 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:
1 Section 1. The executive law is amended by adding a new section 837-x
2 to read as follows:
3 § 837-x. Collection of DNA from certain minors. 1. No member of a
4 police department, county sheriff's office, the state police or other
5 law enforcement officer shall collect a DNA sample from a minor prior to
6 the lawful arrest of such minor without first obtaining the written
7 consent of such minor's parent, legal guardian or attorney, except:
8 (a) Where the DNA sample is abandoned at the scene of an alleged crim-
9 inal offense and is not collected from the minor's person; or
10 (b) Where the DNA sample is collected from a minor who is alleged to
11 be the victim of a criminal offense.
12 2. Subdivision one of this section shall not be construed to prohibit
13 any lawful method of collecting a DNA sample from a minor pursuant to a
14 search warrant, other court order or provision of law that authorizes
15 the search of a minor for the purpose of collecting a DNA sample.
16 3. As used in this section, the following terms shall have the follow-
17 ing meanings:
18 (a) "DNA sample" means any amount of blood, saliva, hair or other
19 bodily material from which deoxyribonucleic acid can be extracted.
20 (b) "Law enforcement officer" means any public servant who is author-
21 ized to conduct an investigation, prosecute or make an arrest for a
22 criminal offense.
23 (c) "Minor" means a natural person under the age of eighteen.
24 § 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07131-01-3
