Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L
Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.
STATE OF NEW YORK
________________________________________________________________________
9799
IN SENATE
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:
1 Section 1. Subdivision 3 of section 995-c of the executive law is
2 amended by adding five new paragraphs (c), (d), (e), (f) and (g) to read
3 as follows:
4 (c) For the purposes of paragraphs (d), (e), (f), and (g) of this
5 subdivision:
6 (i) "DNA profile" shall mean a DNA sample, record, product, or profile
7 voluntarily submitted or collected from a victim of a sexual offense via
8 a sexual offense evidence kit, a sexual assault nurse examination kit,
9 provided for the purposes of exclusion, or developed from a known DNA
10 reference sample, and shall not be construed to pertain to designated
11 offender DNA; and
12 (ii) "DNA identification index" does not include storage or treatment
13 of evidence as laid out in section eight hundred thirty-eight-a of this
14 chapter or section twenty-eight hundred five-i of the public health law.
15 (d) A DNA profile shall not be used for comparison purposes in any
16 unrelated criminal investigation. Such DNA shall not be collected, cata-
17 loged, indexed, stored, or uploaded to any state or local DNA Identifi-
18 cation Index maintained or operated by a public agency.
19 (e) (i) DNA profiles shall only be used for purposes directly related
20 to the incident being investigated.
21 (ii) No law enforcement agency or agent thereof may compare any DNA
22 profiles described in this paragraph or paragraph (d), (f), or (g) of
23 this subdivision with DNA samples or records that do not relate to the
24 incident being investigated.
25 (f) DNA profiles shall have their searchable database profile
26 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
1 or present offense or pending charge which qualifies such person for
2 inclusion within the state's DNA identification index.
3 (g) Any part of a DNA profile that remains after the requested testing
4 or analysis has been performed shall be securely stored and may only be
5 used in accordance with the restrictions on use and disclosure of the
6 sample provided in this section and section eight hundred thirty-eight-a
7 of the executive law or section twenty-eight hundred five-i of the
8 public health law.
9 § 2. Subdivision 1 of section 838-a of the executive law is amended by
10 adding four new paragraphs (g), (h), (i) and (j) to read as follows:
11 (g) Known reference DNA samples or profiles submitted, developed, or
12 collected from a victim of a sexual offense via a sexual offense
13 evidence kit shall not be used as part of reasonable cause for arrest.
14 Such evidence is prohibited from use in an unrelated investigation. For
15 criminal prosecutions and proceedings, any evidence or product that
16 results or flows from the use of a known reference DNA samples or
17 profiles submitted, developed, or collected from a victim of a sexual
18 offense via a sexual offence evidence kit that violates any provision of
19 this section shall be inadmissible.
20 (h) No victim's DNA sample, record, product, profile or evidence
21 collected or resulting from the collection of DNA of a victim in a
22 sexual offense evidence kit shall be transmitted to any local or state
23 DNA identification index or database. DNA identification index or data-
24 base does not include storage or treatment of evidence as laid out this
25 section or section twenty-eight hundred five-i of the public health law.
26 (i) Any conviction against a victim obtained, either directly or indi-
27 rectly, through the use of a victim's DNA collected in a sexual offense
28 evidence kit shall be eligible for relief in accordance with section
29 440.10 of the criminal procedure law.
30 (j) In any action brought by any person to enforce this section,
31 the court may issue an injunction to restrain, prevent, or enforce
32 any violation of this section. The court may mandate changes in the
33 policies and procedures of police department rules and guidelines when
34 such measures are required to remedy a violation under this section.
35 § 3. Subdivision 2 of section 2805-i of the public health law is
36 amended by adding five new paragraphs (k), (l), (m), (n) and (o) to read
37 as follows:
38 (k) For the purposes of paragraphs (l), (m), (n) and (o) of this
39 subdivision, "DNA profile" shall mean a DNA sample, record, product, or
40 profile voluntarily submitted or collected from a victim of a sexual
41 offense via a sexual offense evidence kit, a sexual assault nurse exam-
42 ination kit, provided for the purposes of exclusion, or developed from a
43 known DNA reference sample. Nothing in paragraphs (l), (m), (n) and (o)
44 of this subdivision shall be construed to pertain to designated offender
45 DNA.
46 (l) DNA profiles shall not be used as part of reasonable cause for
47 arrest. Such evidence shall be prohibited from use in an unrelated
48 investigation. For criminal prosecutions and proceedings, any evidence
49 or product that results or flows from the use of a DNA profile that
50 violates any provision of this section shall be inadmissible.
51 (m) DNA profiles shall not be collected, cataloged, indexed, stored,
52 transmitted or uploaded to any state or local DNA identification index
53 maintained or operated by a public agency. DNA identification index does
54 not include storage or treatment of evidence as laid out in this section
55 or section eight hundred thirty-eight-a of the executive law.
S. 9799 3
1 (n) Any conviction obtained, either directly or indirectly, through
2 the use of a DNA profile shall be eligible for relief in accordance
3 with section 440.10 of the criminal procedure law.
4 (o) In any action brought by any person to enforce this section,
5 the court may issue an injunction to restrain, prevent, or enforce
6 any violation of this section. The court may mandate changes in the
7 policies and procedures of police department rules and guidelines when
8 such measures are required to remedy a violation under this section.
9 § 4. This act shall take effect immediately.
