New York S 9785: Relates to the establishment of a single computerized state DNA identification index and requires municipalities to expunge any DNA record stored in a municipal DNA identification index

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S09785 Summary:

BILL NOS09785 

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SAME ASSAME AS A06885

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SPONSORSEPULVEDA

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COSPNSRBAILEY, BRISPORT, BROUK, COMRIE, GIANARIS, GONZALEZ, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, PARKER,
 PERSAUD, RAMOS, RIVERA, SALAZAR

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MLTSPNSR

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Amd §995-c, Exec L

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Relates to the establishment of a single computerized state DNA identification index; requires municipalities to expunge any DNA record stored in a municipal DNA identification index.

Go to top S09785 Actions:

BILL NOS09785 

&nbsp

04/06/2026REFERRED TO INTERNET AND TECHNOLOGY

Go to topS09785 Committee&nbspVotes:

Go to topS09785 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09785 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9785

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sens. SEPULVEDA, BAILEY, BRISPORT, BROUK, COMRIE, GIANAR-
 IS, GONZALEZ, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, PARKER, PERSAUD,
 RAMOS, RIVERA, SALAZAR -- 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 establishment of a
 single computerized state DNA identification index and requiring muni-
 cipalities to expunge any DNA record stored in a municipal DNA iden-
 tification index

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2, 3 and 9 of section 995-c of the execu-
 2 tive law, subdivisions 1 and 2 as added by chapter 737 of the laws of
 3 1994, subdivision 3 as amended by chapter 19 of the laws of 2012,
 4 subparagraph (iii) of paragraph (b) of subdivision 3 as amended by
 5 section 1 of part A of chapter 55 of the laws of 2012 and subdivision 9
 6 as amended by chapter 524 of the laws of 2002, are amended to read as
 7 follows:
 8 1. Following the promulgation of a policy by the commission pursuant
 9 to subdivision nine of section nine hundred ninety-five-b of this arti-
 10 cle, the commissioner of criminal justice services is authorized to
 11 promulgate a plan for the establishment of a single computerized state
 12 DNA identification index within the division of criminal justice
 13 services. No county, city, town, village, or municipality, or any entity
 14 thereof, may establish or maintain a computerized DNA identification
 15 index.
 16 2. Following the review and approval of the plan by the DNA subcommit-
 17 tee and the commission and the filing of such plan with the speaker of
 18 the assembly and the temporary president of the senate, the commissioner
 19 of criminal justice services is hereby authorized to establish a single
 20 computerized state DNA identification index pursuant to the provisions
 21 of this article.
 22 3. (a) Any designated offender subsequent to conviction and sentencing
 23 for a crime specified in subdivision seven of section nine hundred nine-
 24 ty-five of this article, shall be required to provide a sample appropri-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03244-01-5

 S. 9785 2

 1 ate for DNA testing to determine identification characteristics specific
 2 to such person and to be included in [a] the state DNA identification
 3 index pursuant to this article.
 4 (b) (i) In the case of a designated offender who is sentenced to a
 5 term of imprisonment, such sample shall be collected by the public serv-
 6 ant to whose custody the designated offender has been committed.
 7 (ii) In the case of a designated offender who is sentenced to a term
 8 of probation, including a sentence of probation imposed in conjunction
 9 with a sentence of imprisonment when a sample has not already been
 10 taken, such sample shall be collected by the probation department super-
 11 vising the designated offender.
 12 (iii) In the case of a designated offender whose sentence does not
 13 include either a term of imprisonment or a term of probation, outside of
 14 the city of New York, the court shall order that a court officer take a
 15 sample or that the designated offender report to an office of the sher-
 16 iff of that county, and when the designated offender does so, such
 17 sample shall be coll