Assembly Bill A5350A

2023-2024 Legislative Session

Relates to limiting the use of a victims DNA collected from sexual offense evidence kits

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2023-A5350 - Details

See Senate Version of this Bill:
S997
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S8408

2023-A5350 - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

2023-A5350 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5350
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the executive law and the public health law, in relation
   to the use of DNA collected from sexual offense evidence kits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section 995-c of the executive law is
 amended by adding two new paragraphs (c) and (d) to read as follows:
   (C) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE KIT SHALL BE INCLUDED IN THE STATE DNA IDENTIFICATION INDEX.
   (D) ANY DNA RECORD OF  A  VICTIM,  COLLECTED  FROM  A  SEXUAL  OFFENSE
 EVIDENCE  KIT AND STORED IN A DNA IDENTIFICATION INDEX MAINTAINED BY THE
 STATE OR ANY COUNTY, CITY, TOWN,  VILLAGE,  OR  MUNICIPALITY,  OR  ENTI-
 TY THEREOF,  MUST  BE EXPUNGED WITHIN NINETY DAYS OF THE EFFECTIVE  DATE
 OF THIS PARAGRAPH.
   § 2. Subdivision 1 of section 838-a of the executive law is amended by
 adding  four new paragraphs (g), (h), (i) and (j) to read as follows:
   (G) NO  DNA SAMPLE, RECORD, PRODUCT,  OR EVIDENCE COLLECTED OR RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM COLLECTED IN A SEXUAL OFFENSE
 EVIDENCE  KIT    MAY BE USED AS PART OF REASONABLE CAUSE FOR ARREST, AND
 ANY PRODUCT  OR EVIDENCE THAT RESULTS FROM THE USE OF DNA  OF  A  VICTIM
 COLLECTED  FROM  A SEXUAL OFFENSE EVIDENCE KIT IS PROHIBITED FROM USE IN
 AN  INVESTIGATION.  FOR CRIMINAL PROSECUTIONS   AND    PROCEEDINGS,  ANY
 EVIDENCE  OR  PRODUCT  THAT  RESULTS OR FLOWS FROM THE USE OF DNA OF THE
 VICTIM COLLECTED FROM A SEXUAL OFFENSE EVIDENCE KIT IS INADMISSIBLE.
   (H) NO  DNA SAMPLE, RECORD, PRODUCT  OR EVIDENCE COLLECTED OR  RESULT-
 ING FROM THE COLLECTION OF DNA OF A VICTIM IN  A SEXUAL OFFENSE EVIDENCE
 KIT SHALL BE TRANSMITTED TO ANY LOCAL OR STATE DNA DATABASE.
   (I)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF DNA OF A VICTIM COLLECTED IN A SEXUAL  OFFENSE  EVIDENCE  KIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04096-01-3

co-Sponsors

2023-A5350A (ACTIVE) - Details

See Senate Version of this Bill:
S997
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S8408

2023-A5350A (ACTIVE) - Summary

Prohibits the use of a victim's DNA collected from sexual offense evidence kits from being added to the state DNA identification index or other databases or being used in certain actions.

2023-A5350A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5350--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WALLACE,  O'DONNELL,  REYES -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the executive law and the public health law, in relation
   to the use of DNA collected from sexual offense evidence kits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 995-c of the executive law is
 amended by adding five new paragraphs (c), (d), (e), (f) and (g) to read
 as follows:
   (C) FOR THE PURPOSES OF PARAGRAPHS (D), (E),  (F),  AND  (G)  OF  THIS
 SUBDIVISION:
   (I) "DNA PROFILE" SHALL MEAN A DNA SAMPLE, RECORD, PRODUCT, OR PROFILE
 VOLUNTARILY SUBMITTED OR COLLECTED FROM A VICTIM OF A SEXUAL OFFENSE VIA
 A  SEXUAL  OFFENSE EVIDENCE KIT, A SEXUAL ASSAULT NURSE EXAMINATION KIT,
 PROVIDED FOR THE PURPOSES OF EXCLUSION, OR DEVELOPED FROM  A  KNOWN  DNA
 REFERENCE  SAMPLE,  AND  SHALL NOT BE CONSTRUED TO PERTAIN TO DESIGNATED
 OFFENDER DNA; AND
   (II) "DNA IDENTIFICATION INDEX" DOES NOT INCLUDE STORAGE OR  TREATMENT
 OF  EVIDENCE AS LAID OUT IN SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THIS
 CHAPTER OR SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.
   (D) A DNA PROFILE SHALL NOT BE USED FOR  COMPARISON  PURPOSES  IN  ANY
 UNRELATED CRIMINAL INVESTIGATION. SUCH DNA SHALL NOT BE COLLECTED, CATA-
 LOGED,  INDEXED, STORED, OR UPLOADED TO ANY STATE OR LOCAL DNA IDENTIFI-
 CATION INDEX MAINTAINED OR OPERATED BY A PUBLIC AGENCY.
   (E) (I) DNA PROFILES SHALL ONLY BE USED FOR PURPOSES DIRECTLY  RELATED
 TO THE INCIDENT BEING INVESTIGATED.
   (II)  NO  LAW  ENFORCEMENT AGENCY OR AGENT THEREOF MAY COMPARE ANY DNA
 PROFILES DESCRIBED IN THIS PARAGRAPH OR PARAGRAPH (D), (F),  OR  (G)  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04096-03-3
 A. 5350--A                          2

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