Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 15, 2022 |
referred to codes |
Senate Bill S8341
2021-2022 Legislative Session
Sponsored By
(D, WF) 12th Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2021-S8341 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Executive Law
- Laws Affected:
- Add §838-c, Exec L
- Versions Introduced in 2023-2024 Legislative Session:
-
S226
2021-S8341 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8341 SPONSOR: GIANARIS TITLE OF BILL: An act to amend the executive law, in relation to prohibiting the use of DNA phenotyping in criminal prosecutions and proceedings PURPOSE: This bill prohibits contracting for and use of DNA phenotyping products by law enforcement. SUMMARY OF PROVISIONS: Section one amends the executive law by adding section 838-c by first establishing definitions of the terms "DNA phenotyping" and "physical biometric information." This section also prohibits law enforcement agencies and members from contracting for DNA phenotyping services and does not allow product or evidence resulting from DNA phenotyping as reasonable cause for arrests, for use in an investigation, and for admitting to the record in court. This section then provides an avenue
2021-S8341 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8341 I N S E N A T E February 15, 2022 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to prohibiting the use of DNA phenotyping in criminal prosecutions and proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 838-c to read as follows: § 838-C. DNA PHENOTYPING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "DNA PHENOTYPING" SHALL MEAN THE PROCESS OF PREDICTING A PERSON'S PHYSICAL BIOMETRIC INFORMATION AND OTHER OBSERVABLE PHYSICAL OR BIOCHEM- ICAL CHARACTERISTICS, ANCESTRY OR FAMILIAL CONNECTIONS BASED ON AN ANAL- YSIS OF SUCH PERSON'S DNA; AND (B) "PHYSICAL BIOMETRIC INFORMATION" SHALL MEAN AN INDIVIDUAL'S PHYS- ICAL CHARACTERISTICS, INCLUDING, BUT NOT LIMITED TO, EYE COLOR, HAIR COLOR, SKIN COLOR, FRECKLING AND FACE SHAPE. 2. NO LAW ENFORCEMENT AGENCY OR MEMBER OF LAW ENFORCEMENT SHALL CONTRACT FOR DNA PHENOTYPING SERVICES WITH ANY PUBLIC OR PRIVATE ENTITY. 3. NO PRODUCT OR EVIDENCE THAT RESULTS OR FLOWS FROM THE USE OF DNA PHENOTYPING MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND ANY PRODUCT OR EVIDENCE THAT RESULTS OR FLOWS FROM THE USE OF DNA PHENOTYP- ING IS PROHIBITED FROM USE IN AN INVESTIGATION. FOR CRIMINAL PROSE- CUTIONS AND PROCEEDINGS, ANY EVIDENCE OR PRODUCT THAT RESULTS OR FLOWS FROM THE USE OF DNA PHENOTYPING IS INADMISSIBLE. 4. ANY CONVICTION OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH THE USE OF DNA PHENOTYPING, SHALL BE ELIGIBLE FOR RELIEF IN ACCORDANCE WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW. 5. IN ANY ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION, THE COURT MAY ISSUE AN INJUNCTION TO RESTRAIN, PREVENT, OR ENFORCE ANY VIOLATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO, THE DESTRUCTION OF ANY PRODUCT OF DNA PHENOTYPING. THE COURT MAY MANDATE CHANGES IN THE POLICIES AND PROCEDURES OF POLICE DEPARTMENT RULES AND GUIDELINES WHEN SUCH MEASURES ARE REQUIRED TO REMEDY A VIOLATION UNDER THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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