Assembly Bill A4965

2023-2024 Legislative Session

Prohibits the use of DNA phenotyping in criminal prosecutions and proceedings

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Current 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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2023-A4965 (ACTIVE) - Details

See Senate Version of this Bill:
S226
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §838-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S8341

2023-A4965 (ACTIVE) - Summary

Prohibits the use of DNA phenotyping in criminal prosecutions and proceedings.

2023-A4965 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4965
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01859-01-3

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