New York S 5806: Relates to the powers and duties of the commission on forensic science regarding familial DNA search regulations

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S05806 Summary:

BILL NOS05806 

&nbsp

SAME ASSAME AS A05518

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§995-b & 995-c, Exec L

&nbsp

Prohibits the use of the state DNA identification index for familial DNA searches.

Go to top S05806 Actions:

BILL NOS05806 

&nbsp

03/03/2025REFERRED TO INTERNET AND TECHNOLOGY

01/07/2026REFERRED TO INTERNET AND TECHNOLOGY

Go to topS05806 Committee&nbspVotes:

Go to topS05806 Floor&nbspVotes:

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

Go to topS05806 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5806

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- 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 powers and duties
 of the commission on forensic science regarding familial DNA search
 regulations

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

 1 Section 1. The opening paragraph of subdivision 9 and subdivision 12
 2 of section 995-b of the executive law, as added by chapter 737 of the
 3 laws of 1994, are amended to read as follows:
 4 After reviewing recommendations from the division of criminal justice
 5 services, the commission, in consultation with the DNA subcommittee,
 6 shall promulgate a policy for the establishment and operation of a DNA
 7 identification index consistent with the operational requirements and
 8 capabilities of the division of criminal justice services, subject to
 9 the restrictions set forth in subdivision twelve of this section. Such
 10 policy shall address the following issues:
 11 12. Promulgate standards for a determination of a match between the
 12 DNA records contained in the state DNA identification index and a DNA
 13 record of a person submitted for comparison therewith; provided, howev-
 14 er, that such standards shall prohibit a familial DNA search.
 15 § 2. Section 995-c of the executive law is amended by adding a new
 16 subdivision 10 to read as follows:
 17 10. No search may be performed of the state DNA identification index
 18 for the purpose of identification of an offender in connection with a
 19 crime for which the offender may be a biological relative of the indi-
 20 vidual from whom the DNA sample was acquired.
 21 § 3. This act shall take effect immediately. Any rules, regulations,
 22 policies or procedures which are in conflict with the amendments made by
 23 this act are immediately nullified and void as against public policy.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04017-01-5

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