New York S 2042: Provides that people arrested in connection with felonies relating to sex offenses where the victim is less than 13 years old must submit a DNA sample

Bill Text

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S02042 Summary:

BILL NOS02042 

&nbsp

SAME ASSAME AS A04755

&nbsp

SPONSORMURRAY

&nbsp

COSPNSRGALLIVAN, PALUMBO

&nbsp

MLTSPNSR

&nbsp

Amd §§995 & 995-c, Exec L; amd §§120.90, 130.60, 140.20, 140.27, 150.70, 160.20, 160.50 & 160.55, CP L

&nbsp

Provides that people arrested in connection with certain felonies must submit a DNA sample.

Go to top S02042 Actions:

BILL NOS02042 

&nbsp

01/15/2025REFERRED TO INTERNET AND TECHNOLOGY

01/07/2026REFERRED TO INTERNET AND TECHNOLOGY

Go to topS02042 Committee&nbspVotes:

Go to topS02042 Floor&nbspVotes:

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

Go to topS02042 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2042

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sens. MURRAY, GALLIVAN, PALUMBO -- 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 criminal procedure law, in
 relation to requiring individuals arrested in connection with certain
 felonies to submit a DNA sample

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

 1 Section 1. Section 995 of the executive law is amended by adding a new
 2 subdivision 7-a to read as follows:
 3 7-a. "Felony arrestee" means a person arrested and charged with any
 4 one or more of the following felonies, or an attempt thereof where such
 5 attempt is a felony offense, as defined in sections 130.25, 130.30,
 6 130.35, 130.53, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.95
 7 and 130.96 of the penal law, relating to sex offenses; and the victim is
 8 less than thirteen years old.
 9 § 2. Subdivision 3 of section 995-c of the executive law is amended by
 10 adding four new paragraphs (c), (d), (e) and (f) to read as follows:
 11 (c) A felony arrestee shall be required to provide a sample appropri-
 12 ate for DNA testing upon their arrest, unless such felony arrestee has
 13 previously provided a sample that is included in the state DNA identifi-
 14 cation index.
 15 (d) A public servant to whose custody a designated offender or felony
 16 arrestee who has not yet provided a DNA sample has been committed shall
 17 seek an order of the court to collect such sample if the offender, after
 18 written or oral request, refuses to provide such sample.
 19 (e) The detention, arrest, indictment or conviction of a person based
 20 upon DNA records contained in the state DNA identification index shall
 21 not be invalidated if it is later determined that the division of crimi-
 22 nal justice services inadvertently, but in good faith, collected or
 23 placed the person's DNA sample in the index.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02452-01-5

 S. 2042 2

 1 (f) The commissioner of criminal justice services shall promulgate
 2 rules and regulations governing the periodic review of the DNA identifi-
 3 cation index to determine whether or not the index contains DNA profiles
 4 that should not be in the index, including the steps necessary to
 5 expunge any profiles which the division of criminal justice services
 6 determines should not be in the index.
 7 § 3. Subdivision 9 of section 995-c of the executive law, as amended
 8 by chapter 524 of the laws of 2002, is amended to read as follows:
 9 9. (a) Upon receipt of notification of a reversal or a vacatur of a
 10 conviction, or of the granting of a pardon pursuant to article two-A of
 11 this chapter, of an individual whose DNA record has been stored in the
 12 state DNA identification index in accordance with this article by the
 13 division of criminal justice services, the DNA record shall be expunged
 14 from the state DNA identification index, and such individual may apply
 15 to the court in which the judgment of conviction was originally entered
 16 for an order directing the expungement of any DNA record and any
 17 samples, analyses, or other documents relating to the DNA testing of
 18 such individual in connection with the investigation or prosecution of
 19 the crime which resulted in the conviction that was reversed or vacated
 20 or for which the pardon