STATE OF NEW YORK
________________________________________________________________________
5806
2025-2026 Regular Sessions
IN SENATE
March 3, 2025
___________
Introduced by Sen. SEPULVEDA -- 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, in relation to the powers and duties
of the commission on forensic science regarding familial DNA search
regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 9 and subdivision 12
2 of section 995-b of the executive law, as added by chapter 737 of the
3 laws of 1994, are amended to read as follows:
4 After reviewing recommendations from the division of criminal justice
5 services, the commission, in consultation with the DNA subcommittee,
6 shall promulgate a policy for the establishment and operation of a DNA
7 identification index consistent with the operational requirements and
8 capabilities of the division of criminal justice services, subject to
9 the restrictions set forth in subdivision twelve of this section. Such
10 policy shall address the following issues:
11 12. Promulgate standards for a determination of a match between the
12 DNA records contained in the state DNA identification index and a DNA
13 record of a person submitted for comparison therewith; provided, howev-
14 er, that such standards shall prohibit a familial DNA search.
15 § 2. Section 995-c of the executive law is amended by adding a new
16 subdivision 10 to read as follows:
17 10. No search may be performed of the state DNA identification index
18 for the purpose of identification of an offender in connection with a
19 crime for which the offender may be a biological relative of the indi-
20 vidual from whom the DNA sample was acquired.
21 § 3. This act shall take effect immediately. Any rules, regulations,
22 policies or procedures which are in conflict with the amendments made by
23 this act are immediately nullified and void as against public policy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04017-01-5
