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.
STATE OF NEW YORK
________________________________________________________________________
7558
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. The executive law is amended by adding a new section 837-y
2 to read as follows:
3 § 837-y. 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.
LBD00976-01-5
