NY State Senate Bill 2025-S2693

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2025	referred to internet and technology

co-Sponsors

2025-S2693 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §§995-c & 838-a, Exec L; amd §2805-i, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8408
2023-2024: S997

2025-S2693 (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.

2025-S2693 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2693

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To provide that DNA of a victim collected from a sexual offense evidence
kit may not be entered into state or local DNA databases and cannot be
used as part of reasonable cause to arrest or convict.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be included in the state DNA identification index. Any DNA of a
victim collected in a sexual offense evidence kit and already stored in
a DNA identification index shall be expunged within 90 days.

Section 2 of the bill amends the executive law to provide that no DNA
sample, record, product, or evidence collected or resulting from the
collection of DNA of a victim collected in a sexual offense evidence kit
shall be used as part of reasonable cause of arrest, or be used in an
investigation. Any evidence that results from such use is inadmissible
and any conviction obtained through the use of DNA victim collection
shall be eligible for relief. The court may mandate changes in policies
of police departments to remedy a violation under this section.

Section 3 amends the public health law by providing that no DNA sample,
record, product, or evidence collected or resulting from the collection
of DNA of a victim collected in a sexual offense evidence kit may be
transmitted to any local or state DNA database, or be used as reasonable
cause of arrest or in criminal proceedings.

Section 4 provides for expungement of any state of local DNA database
that has samples of DNA collected from a victim through a sexual offense
evidence kit.

Section 5 is the effective date.

 
JUSTIFICATION:

Across the country, police use DNA samples collected from sexual assault
victims to identify them as possible suspects in other crimes. These DNA
samples are collected during the collection of a "rape kit" also known
as a sexual offense evidence kit, a tool used by law enforcement to
prosecute sex crimes. This practice treats victims as criminals in cases
completely unrelated to their sexual assault. When someone elects to
have a sexual offense evidence kit exam, they are consenting to the use
of their DNA for a very narrow focus: to hold the perpetrator of their
assault accountable. Any other use is a violation of the survivor's
privacy.

Additionally, people may be reluctant to report sexual assault if they
fear that their DNA could be used against them.
This legislation ensures that a victim's DNA collected from a sexual
offense evidence kit may not be entered into state or local DNA data-
bases, and cannot be used as reasonable cause for arrest or be used in
an investigation. The legislation also provides for expungement of DNA
in state or local databases that have been collected through this
manner.

 
LEGISLATIVE HISTORY:

S.997 of 2023-2024 (Hoylman-Sigal): Died in Internet & Technology

A.5350 of 2023-2024 (Wallace): Died in Codes

S.8408 of 2021-2022 (Hoylman): Died in Internet & Technology

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2693 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2693
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, BROUK, KRUEGER, WEBB -- 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 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
 THIS  SUBDIVISION  WITH DNA SAMPLES OR RECORDS THAT DO NOT RELATE TO THE
 INCIDENT BEING INVESTIGATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06142-01-5

 S. 2693                             2
 
   (F)   DNA  PROFILES  SHALL  HAVE  THEIR  SEARCHABLE  DATABASE  PROFILE
 EXPUNGED FROM ALL PUBLIC AND PRIVATE DATABASES IF THE PERSON HAS NO PAST
 OR  PRESENT  OFFENSE  OR  PENDING CHARGE WHICH QUALIFIES SUCH PERSON FOR
 INCLUSION WITHIN THE STATE'S DNA IDENTIFICATION INDEX.
   (G) ANY PART OF A DNA PROFILE THAT REMAINS AFTER THE REQUESTED TESTING
 OR  ANALYSIS HAS BEEN PERFORMED SHALL BE SECURELY STORED AND MAY ONLY BE
 USED IN ACCORDANCE WITH THE RESTRICTIONS ON USE AND  DISCLOSURE  OF  THE
 SAMPLE PROVIDED IN THIS SECTION AND SECTION EIGHT HUNDRED THIRTY-EIGHT-A
 OF  THE  EXECUTIVE  LAW  OR  SECTION  TWENTY-EIGHT HUNDRED FIVE-I OF THE
 PUBLIC HEALTH LAW.
   § 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) KNOWN REFERENCE DNA SAMPLES OR PROFILES SUBMITTED,  DEVELOPED,  OR
 COLLECTED  FROM  A  VICTIM  OF  A  SEXUAL  OFFENSE  VIA A SEXUAL OFFENSE
 EVIDENCE KIT SHALL NOT BE USED AS PART OF REASONABLE CAUSE  FOR  ARREST.
 SUCH EVIDENCE IS PROHIBITED FROM USE IN AN UNRELATED INVESTIGATION.  FOR
 CRIMINAL  PROSECUTIONS  AND  PROCEEDINGS,  ANY  EVIDENCE OR PRODUCT THAT
 RESULTS OR FLOWS FROM THE USE  OF  A  KNOWN  REFERENCE  DNA  SAMPLES  OR
 PROFILES  SUBMITTED,  DEVELOPED,  OR COLLECTED FROM A VICTIM OF A SEXUAL
 OFFENSE VIA A SEXUAL OFFENCE EVIDENCE KIT THAT VIOLATES ANY PROVISION OF
 THIS SECTION SHALL BE INADMISSIBLE.
   (H) NO   VICTIM'S DNA SAMPLE, RECORD,  PRODUCT,  PROFILE  OR  EVIDENCE
 COLLECTED  OR  RESULTING  FROM  THE  COLLECTION OF DNA OF A VICTIM IN  A
 SEXUAL OFFENSE EVIDENCE KIT SHALL BE TRANSMITTED TO ANY LOCAL  OR  STATE
 DNA IDENTIFICATION INDEX OR DATABASE.  DNA IDENTIFICATION INDEX OR DATA-
 BASE  DOES NOT INCLUDE STORAGE OR TREATMENT OF EVIDENCE AS LAID OUT THIS
 SECTION OR SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW.
   (I) ANY CONVICTION AGAINST A VICTIM OBTAINED, EITHER DIRECTLY OR INDI-
 RECTLY, THROUGH THE USE OF A VICTIM'S DNA COLLECTED IN A SEXUAL  OFFENSE
 EVIDENCE  KIT  SHALL  BE ELIGIBLE FOR RELIEF IN ACCORDANCE  WITH SECTION
 440.10 OF THE CRIMINAL PROCEDURE LAW.
    (J)  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. 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.
   §  3.  Subdivision  2  of  section  2805-i of the public health law is
 amended by adding five new paragraphs (k), (l), (m), (n) and (o) to read
 as follows:
   (K) FOR THE PURPOSES OF PARAGRAPHS (L),  (M),  (N)  AND  (O)  OF  THIS
 SUBDIVISION,  "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 EXAM-
 INATION KIT, PROVIDED FOR THE PURPOSES OF EXCLUSION, OR DEVELOPED FROM A
 KNOWN DNA REFERENCE SAMPLE. NOTHING IN PARAGRAPHS (L), (M), (N) AND  (O)
 OF THIS SUBDIVISION SHALL BE CONSTRUED TO PERTAIN TO DESIGNATED OFFENDER
 DNA.
   (L)  DNA  PROFILES  SHALL  NOT BE USED AS PART OF REASONABLE CAUSE FOR
 ARREST.  SUCH EVIDENCE SHALL BE PROHIBITED  FROM  USE  IN  AN  UNRELATED
 INVESTIGATION.   FOR CRIMINAL PROSECUTIONS AND PROCEEDINGS, ANY EVIDENCE
 OR  PRODUCT THAT RESULTS OR FLOWS FROM THE USE OF  A  DNA  PROFILE  THAT
 VIOLATES ANY PROVISION OF THIS SECTION SHALL BE INADMISSIBLE.
   (M)  DNA  PROFILES SHALL NOT BE COLLECTED, CATALOGED, INDEXED, STORED,
 TRANSMITTED OR UPLOADED TO ANY STATE OR LOCAL DNA  IDENTIFICATION  INDEX
 MAINTAINED OR OPERATED BY A PUBLIC AGENCY. DNA IDENTIFICATION INDEX DOES
 S. 2693                             3
 
 NOT INCLUDE STORAGE OR TREATMENT OF EVIDENCE AS LAID OUT IN THIS SECTION
 OR SECTION EIGHT HUNDRED THIRTY-EIGHT-A OF THE EXECUTIVE LAW.
   (N)  ANY  CONVICTION  OBTAINED, EITHER DIRECTLY OR INDIRECTLY, THROUGH
 THE USE OF A DNA PROFILE SHALL BE  ELIGIBLE  FOR  RELIEF  IN  ACCORDANCE
 WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW.
   (O)   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.  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.
   § 4. This act shall take effect immediately.

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Senate Bill S2693

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

co-Sponsors

2025-S2693 (ACTIVE) - Details

2025-S2693 (ACTIVE) - Summary

2025-S2693 (ACTIVE) - Sponsor Memo

2025-S2693 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2693

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Internet And Technology Committee

co-Sponsors

Samra G. Brouk

Liz Krueger

Lea Webb

2025-S2693 (ACTIVE) - Details

2025-S2693 (ACTIVE) - Summary

2025-S2693 (ACTIVE) - Sponsor Memo

2025-S2693 (ACTIVE) - Bill Text download pdf

Comments