NY State Senate Bill 2023-S4538

Senate Bill S4538

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Internet And Technology 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
Feb 09, 2023	referred to internet and technology

2023-S4538 (ACTIVE) - Details

See Assembly Version of this Bill:: A5578
Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §§995-b & 995-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S9089, A10344

2023-S4538 (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.

2023-S4538 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4538

SPONSOR: O'MARA
 
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:

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

 
SUMMARY OF PROVISIONS:

  Section 1. Requires the DNA subcommittee to research findings on fami-
lial DNA searches and provide nonbinding recommendations for implementa-
tion.  Requires a report to be made to the legislature by the commission
no later than Dec 1, 2023.

  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 permis-
sible.  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 foren-
sic 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  legis-
lation,  familial  searches  will  only  be conducted in limited circum-
stances - 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 investi-
gative leads.

 
LEGISLATIVE HISTORY:

2022: S.9089

 
FISCAL IMPLICATIONS:

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

2023-S4538 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4538
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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-THREE.
   (V) FOR PURPOSES OF THIS PARAGRAPH "FAMILIAL DNA SEARCH" SHALL MEAN AN
 INTENTIONAL  OR  DELIBERATE SEARCH OF THE DNA DATABASE CONDUCTED FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01068-01-3

 S. 4538                             2
 
 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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