New York S 2693: Relates to limiting the use of a victim's DNA collected from sexual offense evidence kits

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S02693 Summary:

BILL NOS02693 

&nbsp

SAME ASSAME AS A06445

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRBROUK, KRUEGER, WEBB

&nbsp

MLTSPNSR

&nbsp

Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L

&nbsp

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

Go to top S02693 Actions:

BILL NOS02693 

&nbsp

01/22/2025REFERRED TO INTERNET AND TECHNOLOGY

Go to topS02693 Committee&nbspVotes:

Go to topS02693 Floor&nbspVotes:

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

Go to topS02693 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2693

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, BROUK, KRUEGER, WEBB -- 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 public health law, in relation
 to the use of DNA collected from sexual offense evidence kits

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

 1 Section 1. Subdivision 3 of section 995-c of the executive law is
 2 amended by adding five new paragraphs (c), (d), (e), (f) and (g) to read
 3 as follows:
 4 (c) For the purposes of paragraphs (d), (e), (f), and (g) of this
 5 subdivision:
 6 (i) "DNA profile" shall mean a DNA sample, record, product, or profile
 7 voluntarily submitted or collected from a victim of a sexual offense via
 8 a sexual offense evidence kit, a sexual assault nurse examination kit,
 9 provided for the purposes of exclusion, or developed from a known DNA
 10 reference sample, and shall not be construed to pertain to designated
 11 offender DNA; and
 12 (ii) "DNA identification index" does not include storage or treatment
 13 of evidence as laid out in section eight hundred thirty-eight-a of this
 14 chapter or section twenty-eight hundred five-i of the public health law.
 15 (d) A DNA profile shall not be used for comparison purposes in any
 16 unrelated criminal investigation. Such DNA shall not be collected, cata-
 17 loged, indexed, stored, or uploaded to any state or local DNA Identifi-
 18 cation Index maintained or operated by a public agency.
 19 (e) (i) DNA profiles shall only be used for purposes directly related
 20 to the incident being investigated.
 21 (ii) No law enforcement agency or agent thereof may compare any DNA
 22 profiles described in this paragraph or paragraph (d), (f), or (g) of
 23 this subdivision with DNA samples or records that do not relate to the
 24 incident being investigated.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06142-01-5

 S. 2693 2

 1 (f) DNA profiles shall have their searchable database profile
 2 expunged from all public and private databases if the person has no past
 3 or present offense or pending charge which qualifies such person for
 4 inclusion within the state's DNA identification index.
 5 (g) Any part of a DNA profile that remains after the requested testing
 6 or analysis has been performed shall be securely stored and may only be
 7 used in accordance with the restrictions on use and disclosure of the
 8 sample provided in this section and section eight hundred thirty-eight-a
 9 of the executive law or section twenty-eight hundred five-i of the
 10 public health law.
 11 § 2. Subdivision 1 of section 838-a of the executive law is amended by
 12 adding four new paragraphs (g), (h), (i) and (j) to read as follows:
 13 (g) Known reference DNA samples or profiles submitted, developed, or
 14 collected from a victim of a sexual offense via a sexual offense
 15 evidence kit shall not be used as part of reasonable cause for arrest.
 16 Such evidence is prohibited from use in an unrelated investigation. For
 17 criminal prosecutions and proceedings, any evidence or product that
 18 results or flows from the use of a known reference DNA samples or
 19 profiles submitted, developed, or collected from a victim of a sexual
 20 offense via a sexual offence evidence kit that violates any provis