New York A 5198: Requires individuals arrested in connection with a felony to submit a DNA sample

Bill Text

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A05198 Summary:

BILL NOA05198 

&nbsp

SAME ASSAME AS S00921

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SPONSORDeStefano

&nbsp

COSPNSRBrabenec, Brown K, Morinello, Angelino, Brown E, McDonough, Buttenschon, Tague, Lemondes,
 Brook-Krasny

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MLTSPNSR

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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

Requires individuals arrested in connection with a felony to submit a DNA sample; makes related provisions and technical corrections.

Go to top A05198 Actions:

BILL NOA05198 

&nbsp

02/12/2025referred to codes

01/07/2026referred to codes

Go to topA05198 Committee&nbspVotes:

Go to topA05198 Floor&nbspVotes:

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

Go to topA05198 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5198

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, BRABENEC, K. BROWN, MORINELLO, ANGELI-
 NO, E. BROWN, McDONOUGH, BUTTENSCHON, TAGUE, LEMONDES -- read once and
 referred to the Committee on Codes

 AN ACT to amend the executive law and the criminal procedure law, in
 relation to requiring individuals arrested in connection with a felony
 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 the penal law: sections
 6 120.05, 120.06, 120.07, 120.10, 120.11 and 120.12, relating to assault;
 7 sections 120.55 and 120.60, relating to stalking; section 120.70, relat-
 8 ing to luring a child; sections 125.15, 125.20, 125.21, 125.22, 125.25,
 9 125.26 and 125.27, relating to homicide; sections 130.25, 130.30,
 10 130.35, 130.53, 130.65, 130.67, 130.70, 130.75, 130.80, 130.95 and
 11 130.96, relating to sex offenses; sections 135.10, 135.20, 135.25 and
 12 135.35, relating to kidnapping and labor trafficking; sections 140.17,
 13 140.20, 140.25 and 140.30, relating to burglary; sections 150.05,
 14 150.10, 150.15 and 150.20, relating to arson; sections 155.30, 155.35,
 15 155.40 and 155.42, relating to grand larceny; sections 160.05, 160.10
 16 and 160.15, relating to robbery; section 230.34 relating to sex traf-
 17 ficking; sections 235.21 and 235.22, relating to dissemination of inde-
 18 cent material to minors; sections 250.45 and 250.50, relating to unlaw-
 19 ful surveillance; sections 255.25, 255.26, and 255.27, relating to
 20 incest; sections 263.05, 263.10, 263.11, 263.15, 263.16, and 263.30,
 21 relating to sexual performance by a child; or sections 265.02, 265.03,
 22 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14 and 265.16,
 23 relating to firearms and other dangerous weapons.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00742-01-5

 A. 5198 2

 1 § 2. Subdivision 3 of section 995-c of the executive law is amended by
 2 adding four new paragraphs (c), (d), (e) and (f) to read as follows:
 3 (c) A felony arrestee shall be required to provide a sample appropri-
 4 ate for DNA testing upon arrest, unless such felony arrestee has previ-
 5 ously provided a sample that is included in the state DNA identification
 6 index.
 7 (d) A public servant to whose custody a designated offender or felony
 8 arrestee who has not yet provided a DNA sample has been committed shall
 9 seek an order of the court to collect such sample if the offender, after
 10 written or oral request, refuses to provide such sample.
 11 (e) The detention, arrest, indictment or conviction of a person based
 12 upon DNA records contained in the state DNA identification index shall
 13 not be invalidated if it is later determined that the division of crimi-
 14 nal justice services inadvertently, but in good faith, collected or
 15 placed the person's DNA sample in the index.
 16 (f) The commissioner of criminal justice services shall promulgate
 17 rules and regulations governing the periodic review of the DNA identifi-
 18 cation index to determ