A03917 Summary:

BILL NOA03917
 
SAME ASSAME AS S06971
 
SPONSORJackson
 
COSPNSRSimon, Davila
 
MLTSPNSR
 
Add §837-x, Exec L
 
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.
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A03917 Actions:

BILL NOA03917
 
02/08/2023referred to governmental operations
01/03/2024referred to governmental operations
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A03917 Committee Votes:

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A03917 Floor Votes:

There are no votes for this bill in this legislative session.
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A03917 Text:



 
                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
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