Assembly Bill A10344

2021-2022 Legislative Session

Establishes the New York state familial search policy and the release of information for familial DNA searches

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A10344 (ACTIVE) - Details

See Senate Version of this Bill:
S9089
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§995-b & 995-c, Exec L
Versions Introduced in 2023-2024 Legislative Session:
A5578, S4538

2021-A10344 (ACTIVE) - 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.

2021-A10344 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10344
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Smith,
   J. A. Giglio, Tannousis, Brabenec, Mikulin) -- read once and  referred
   to the Committee on Governmental Operations
 
 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 TWENTY-TWO.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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