NY State Senate Bill 2017-S2956A

Senate Bill S2956A

2017-2018 Legislative Session

Relates to the New York state familial search policy and the release of certain information for familial DNA searches

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance returned to senate died in assembly
Feb 06, 2017	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.144 committee discharged and committed to rules
Feb 03, 2017	print number 2956a
Feb 03, 2017	amend and recommit to finance
Jan 18, 2017	referred to finance

Votes

- Feb 6, 2017 - Floor Vote
  S2956A
  
  49
  
  Aye
  
  11
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 6, 2017
      
      aye (49)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (11)
      
      Bailey
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Krueger
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Squadron
      
      excused (3)
      
      Croci
      
      Montgomery
      
      Perkins
  Feb 6, 2017 - Rules Committee Vote
  S2956A
  
  17
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 6, 2017
      
      aye (17)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Gianaris
      
      aye wr (5)
      
      Dilan
      
      Hannon
      
      Krueger
      
      Parker
      
      Squadron
      
      excused (2)
      
      Montgomery
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S2956 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S8216

2017-S2956 - Summary

Establishes the New York state familial search policy; relates to the release of certain information for familial DNA searches where a written agreement governing the use and dissemination of such DNA records exists.

2017-S2956 - Sponsor Memo

                                 BILL NUMBER:  S2956

 TITLE OF BILL :  An act to amend the executive law, in relation to
establishing the New York state familial search policy and the release
of information for familial DNA searches

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize familial DNA searching in New York and
authorize the DNA subcommittee to create a report on familial
searching.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Requires the DNA subcommittee to research findings on
familial DNA searches and provide nonbinding recommendations for
implementation. Requires a report to be made to the legislature by the
commission no later than Dec 1, 2017.

Section 2. Authorizes familial DNA searches in New York when there are
public safety implications, a violent crime has occurred, the crime
scene profile is a single source profile and all other investigative
leads have been exhausted. Requires the commission in conjunction with
the DNA subcommittee to create a NYS Familial Search Policy to
implement familial searching in NY.

Section 3. Effective Date

 JUSTIFICATION :

Although New York currently allows for partial matching of DNA, the
laws and regulations are unclear whether or not familial searching is
permissible. Partial matching refers to the inadvertent matching of
relatives during a routine DNA search. Familial searching is a
deliberate search of the database conducted after a routine search for
the purpose of potentially identifying close biological relatives of
the unknown forensic samples associated with the crime scene profile.

This legislation will allow the commission and the DNA subcommittee to
determine the best practices for implementing familial searching in
New York by establishing a NYS Familial Search Policy. Under this
legislation, familial searches will only be conducted in limited
circumstances - when the crimes are violent, there is only one source
to the DNA profile, and all other investigative leads have been
exhausted.

Familial searching is an important investigative tool which could help
catch violent perpetrators. Ten states (Arkansas, California,
Colorado, Florida, Michigan, Texas, Utah, Virginia, Wisconsin, and
Wyoming) use familial searches to solve cases that have exhausted all
other investigative leads.

 PRIOR LEGISLATIVE HISTORY :

2016: S8216 - referred to rules

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
180 days after it shall have become law; effective immediately any
addition, amendment or repeal of rules/regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

2017-S2956 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2956
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE,  GOLDEN, AKSHAR, AMEDORE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 AN  ACT  to amend the executive law, in relation to establishing the New
   York state familial search policy and the release of  information  for
   familial DNA searches

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 13 of section 995-b of  the  executive  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  (I) THE DNA SUBCOMMITTEE SHALL PROVIDE NONBINDING RECOMMENDATIONS
 FOR A NEW YORK STATE FAMILIAL SEARCH POLICY. THE FAMILIAL SEARCH  POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO, ASSESSING AND EVALUATING THE ACCU-
 RACY  OF FAMILIAL DNA SEARCHES, PROVIDING RECOMMENDATIONS ON THE PARAME-
 TERS FOR FAMILIAL DNA SEARCHING, CREATING PROCEDURES FOR  WHEN  FAMILIAL
 SEARCHES  SHOULD  AND  SHOULD  NOT BE USED, AND DETERMINING THE EXPECTED
 FISCAL IMPLICATIONS OF CONDUCTING FAMILIAL  DNA  SEARCHES  IN  NEW  YORK
 STATE.
   (II)  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSES, THE DNA SUBCOMMITTEE
 SHALL BE AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDIES,  INQUIRIES,
 SURVEYS OR ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN
 COOPERATION  WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGEN-
 CY.
   (III) THE DNA SUBCOMMITTEE SHALL MEET  AND  HOLD  PUBLIC  HEARINGS  OR
 PRIVATE  MEETINGS AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMIT-
 TEE PURSUANT TO THE LEGISLATIVE LAW.
   (IV) THE COMMISSION SHALL MAKE A REPORT OF THE DNA SUBCOMMITTEES FIND-
 INGS, INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE  ACTION  AS  IT  MAY
 DEEM  NECESSARY  AND APPROPRIATE, TO THE GOVERNOR AND THE LEGISLATURE NO
 LATER THAN DECEMBER FIRST, TWO THOUSAND SEVENTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07119-01-7

 S. 2956                             2
 
   (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
 INTENTIONAL OR DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED  AFTER  A
 ROUTINE  SEARCH FOR THE PURPOSE OF POTENTIALLY IDENTIFYING CLOSE BIOLOG-
 ICAL RELATIVES OF THE UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME
 SCENE PROFILE.
   § 2. Subdivision 6 of section 995-c of the executive law is amended by
 adding a new paragraph (d) to read as follows:
   (D)  (I)  TO  A FEDERAL LAW ENFORCEMENT AGENCY, OR TO A STATE OR LOCAL
 LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE FOR LAW ENFORCEMENT
 FAMILIAL  SEARCHING  PURPOSES  UPON  SUBMISSION  OF  A  DNA  RECORD   IN
 CONNECTION  WITH  THE  INVESTIGATION  OF  THE  COMMISSION OF ONE OR MORE
 CRIMES, PROVIDED THAT THERE EXISTS BETWEEN THE DIVISION AND SUCH  AGENCY
 A  WRITTEN  AGREEMENT  GOVERNING  THE  USE AND DISSEMINATION OF SUCH DNA
 RECORDS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
   (II) FAMILIAL DNA SEARCHES MAY BE CONDUCTED  WHEN  A  LAW  ENFORCEMENT
 AGENCY  IS  INVESTIGATING AN UNSOLVED CASE THAT HAS PUBLIC SAFETY IMPLI-
 CATIONS AND IS A VIOLENT CRIME, AND ALL OTHER INVESTIGATIVE  LEADS  HAVE
 BEEN EXHAUSTED AND THE CRIME SCENE PROFILE IS A SINGLE SOURCE PROFILE.
   (III)  THE COMMISSION, IN CONJUNCTION WITH THE DNA SUBCOMMITTEE, SHALL
 CREATE A NEW YORK STATE FAMILIAL SEARCH  POLICY  TO  IMPLEMENT  FAMILIAL
 SEARCHING  IN  THE  STATE  OF  NEW YORK. THE DNA SUBCOMMITTEE REPORT, AS
 AUTHORIZED IN PARAGRAPH (E) OF  SUBDIVISION  THIRTEEN  OF  SECTION  NINE
 HUNDRED NINETY-FIVE-B OF THIS ARTICLE, MAY PROVIDE ADDITIONAL GUIDELINES
 AND RECOMMENDATIONS FOR THE NEW YORK STATE FAMILIAL SEARCH POLICY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2017-S2956A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S8216

2017-S2956A (ACTIVE) - Summary

2017-S2956A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2956A

 TITLE OF BILL :

An act to amend the executive law, in relation to establishing the New
York state familial search policy and the release of information for
familial DNA searches

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize familial DNA searching in New York and
authorize the DNA subcommittee to create a report on familial
searching.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Requires the DNA subcommittee to research findings on
familial DNA searches and provide nonbinding recommendations for
implementation. Requires a report to be made to the legislature by the
commission no later than Dec 1, 2017.

Section 2. Authorizes familial DNA searches in New York when there are
public safety implications, a violent crime has occurred, the crime
scene profile is a single source profile and all other investigative
leads have been exhausted. Requires the commission in conjunction with
the DNA subcommittee to create a NYS Familial Search Policy to

implement familial searching in NY.

Section 3. Effective Date

 JUSTIFICATION :

Although New York currently allows for partial matching of DNA, the
laws and regulations are unclear whether or not familial searching is
permissible. Partial matching refers to the inadvertent matching of
relatives during a routine DNA search. Familial searching is a
deliberate search of the database conducted after a routine search for
the purpose of potentially identifying close biological relatives of
the unknown forensic samples associated with the crime scene profile.

This legislation will allow the commission and the DNA subcommittee to
determine the best practices for implementing familial searching in
New York by establishing a NYS Familial Search Policy. Under this
legislation, familial searches will only be conducted in limited
circumstances - when the crimes are violent, there is only one source
to the DNA profile, and all other investigative leads have been
exhausted.

Familial searching is an important investigative tool which could help
catch violent perpetrators. Ten states (Arkansas, California,
Colorado, Florida, Michigan, Texas, Utah, Virginia, Wisconsin, and
Wyoming) use familial searches to solve cases that have exhausted all
other investigative leads.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
180 days after it shall have become law; effective immediately any
addition, amendment or repeal of rules/regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

2017-S2956A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2956--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE,  GOLDEN, ADDABBO, AKSHAR, AMEDORE, AVELLA,
   RANZENHOFER -- read twice and ordered printed, and when printed to  be
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to amend the executive law, in relation to establishing the New
   York state familial search policy and the release of  information  for
   familial DNA searches
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 13 of section 995-b of  the  executive  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  (I) THE DNA SUBCOMMITTEE SHALL PROVIDE NONBINDING RECOMMENDATIONS
 FOR A NEW YORK STATE FAMILIAL SEARCH POLICY. THE FAMILIAL SEARCH  POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO, ASSESSING AND EVALUATING THE ACCU-
 RACY  OF FAMILIAL DNA SEARCHES, PROVIDING RECOMMENDATIONS ON THE PARAME-
 TERS FOR FAMILIAL DNA SEARCHING, CREATING PROCEDURES FOR  WHEN  FAMILIAL
 SEARCHES  SHOULD  AND  SHOULD  NOT BE USED, AND DETERMINING THE EXPECTED
 FISCAL IMPLICATIONS OF CONDUCTING FAMILIAL  DNA  SEARCHES  IN  NEW  YORK
 STATE.
   (II)  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSES, THE DNA SUBCOMMITTEE
 SHALL BE AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDIES,  INQUIRIES,
 SURVEYS OR ANALYSES IT MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL OR IN
 COOPERATION  WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGEN-
 CY.
   (III) THE DNA SUBCOMMITTEE SHALL MEET  AND  HOLD  PUBLIC  HEARINGS  OR
 PRIVATE  MEETINGS AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMIT-
 TEE PURSUANT TO THE LEGISLATIVE LAW.
   (IV) THE COMMISSION SHALL MAKE A REPORT OF THE DNA SUBCOMMITTEES FIND-
 INGS, INCLUDING ANY RECOMMENDATIONS FOR LEGISLATIVE  ACTION  AS  IT  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07119-02-7

 S. 2956--A                          2
 
 DEEM  NECESSARY  AND APPROPRIATE, TO THE GOVERNOR AND THE LEGISLATURE NO
 LATER THAN DECEMBER FIRST, TWO THOUSAND SEVENTEEN.
   (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
 INTENTIONAL  OR  DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED FOR THE
 PURPOSE OF POTENTIALLY IDENTIFYING CLOSE  BIOLOGICAL  RELATIVES  OF  THE
 UNKNOWN FORENSIC SAMPLES ASSOCIATED WITH THE CRIME SCENE PROFILE.
   § 2. Subdivision 6 of section 995-c of the executive law is amended by
 adding a new paragraph (d) to read as follows:
   (D)  (I)  TO  A FEDERAL LAW ENFORCEMENT AGENCY, OR TO A STATE OR LOCAL
 LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY'S OFFICE FOR LAW ENFORCEMENT
 FAMILIAL DNA SEARCHING PURPOSES UPON  SUBMISSION  OF  A  DNA  RECORD  IN
 CONNECTION  WITH  THE  INVESTIGATION  OF  THE  COMMISSION OF ONE OR MORE
 CRIMES, PROVIDED THAT THERE EXISTS BETWEEN THE DIVISION AND SUCH  AGENCY
 A  WRITTEN  AGREEMENT  GOVERNING  THE  USE AND DISSEMINATION OF SUCH DNA
 RECORDS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
   (II) FAMILIAL DNA SEARCHES MAY BE CONDUCTED  WHEN  A  LAW  ENFORCEMENT
 AGENCY  IS  INVESTIGATING  THE COMMISSION OF A VIOLENT FELONY OFFENSE AS
 DEFINED IN SECTION 70.02 OF THE PENAL LAW, AND WHERE THERE IS  NO  MATCH
 OF A SINGLE SOURCE DNA PROFILE FROM THE CRIME SCENE, AND WHERE ALL OTHER
 LEADS HAVE BEEN EXHAUSTED.
   (III)  THE COMMISSION, IN CONJUNCTION WITH THE DNA SUBCOMMITTEE, SHALL
 CREATE A NEW YORK STATE FAMILIAL SEARCH POLICY TO IMPLEMENT FAMILIAL DNA
 SEARCHING IN THE STATE OF NEW YORK.  THE  DNA  SUBCOMMITTEE  REPORT,  AS
 AUTHORIZED  IN  PARAGRAPH  (E)  OF  SUBDIVISION THIRTEEN OF SECTION NINE
 HUNDRED NINETY-FIVE-B OF THIS ARTICLE, MAY PROVIDE ADDITIONAL GUIDELINES
 AND RECOMMENDATIONS FOR THE NEW YORK STATE FAMILIAL SEARCH POLICY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S2956A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2017-S2956 - Details

2017-S2956 - Summary

2017-S2956 - Sponsor Memo

2017-S2956 - Bill Text download pdf

co-Sponsors

2017-S2956A (ACTIVE) - Details

2017-S2956A (ACTIVE) - Summary

2017-S2956A (ACTIVE) - Sponsor Memo

2017-S2956A (ACTIVE) - Bill Text download pdf

Comments