Establishes the New York state familial search policy; relates to the release of certain information for familial DNA searches where a written agreement governing the use and dissemination of such DNA records exists.
STATE OF NEW YORK
________________________________________________________________________
5578
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing the New
York state familial search policy and the release of information for
familial DNA searches
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 13 of section 995-b of the executive law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) (i) The DNA subcommittee shall provide nonbinding recommendations
4 for a New York state familial search policy. The familial search policy
5 shall include, but not be limited to, assessing and evaluating the accu-
6 racy of familial DNA searches, providing recommendations on the parame-
7 ters for familial DNA searching, creating procedures for when familial
8 searches should and should not be used, and determining the expected
9 fiscal implications of conducting familial DNA searches in New York
10 state.
11 (ii) For the accomplishment of its purposes, the DNA subcommittee
12 shall be authorized and empowered to undertake any studies, inquiries,
13 surveys or analyses it may deem relevant through its own personnel or in
14 cooperation with or by agreement with any other public or private agen-
15 cy.
16 (iii) The DNA subcommittee shall meet and hold public hearings or
17 private meetings and shall have all the powers of a legislative commit-
18 tee pursuant to the legislative law.
19 (iv) The commission shall make a report of the DNA subcommittees find-
20 ings, including any recommendations for legislative action as it may
21 deem necessary and appropriate, to the governor and the legislature no
22 later than December first, two thousand twenty-three.
23 (v) For purposes of this paragraph "familial DNA search" shall mean an
24 intentional or deliberate search of the DNA database conducted for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01068-01-3
A. 5578 2
1 purpose of potentially identifying close biological relatives of the
2 unknown forensic samples associated with the crime scene profile.
3 § 2. Subdivision 6 of section 995-c of the executive law is amended by
4 adding a new paragraph (d) to read as follows:
5 (d) (i) to a federal law enforcement agency, or to a state or local
6 law enforcement agency or district attorney's office for law enforcement
7 familial DNA searching purposes upon submission of a DNA record in
8 connection with the investigation of the commission of one or more
9 crimes, provided that there exists between the division and such agency
10 a written agreement governing the use and dissemination of such DNA
11 records in accordance with the provisions of this article;
12 (ii) Familial DNA searches may be conducted when a law enforcement
13 agency is investigating the commission of a violent felony offense as
14 defined in section 70.02 of the penal law, and where there is no match
15 of a single source DNA profile from the crime scene, and where all other
16 leads have been exhausted.
17 (iii) The commission, in conjunction with the DNA subcommittee, shall
18 create a New York state familial search policy to implement familial DNA
19 searching in the state of New York. The DNA subcommittee report, as
20 authorized in paragraph (e) of subdivision thirteen of section nine
21 hundred ninety-five-b of this article, may provide additional guidelines
22 and recommendations for the New York state familial search policy.
23 § 3. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law. Effective immediately, the addition, amend-
25 ment and/or repeal of any rule or regulation necessary for the implemen-
26 tation of this act on its effective date are authorized to be made and
27 completed on or before such effective date.
