BILL NUMBER: S998
SPONSOR: HOYLMAN
 
TITLE OF BILL:
An act to amend the executive law, in relation to the establishment of a
single computerized state DNA identification index and requiring munici-
palities to expunge any DNA record stored in a municipal DNA identifica-
tion index
 
PURPOSE:
To clarify that the sole permanent DNA identification index authorized
under New York State law is the index maintained by DJCS, and prohibit-
ing local governments from establishing or maintaining any such index.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends various subdivisions of section 995-c of
the Executive Law to:
-Clarify that only a single computerized state DNA identification index
is authorized by law;
-Expressly prohibit any municipality from establishing or maintaining a
computerized DNA identification index;
-State that no person other than a designated offender shall be required
to provide a DNA sample for inclusion in the statewide DNA identifica-
tion index;
-Add that DNA provided as part of an investigation is subject to
expungement following dismissal of charges or non-criminal adjudication;
-Broaden jurisdiction over expungement to Family Court to address cases
in which DNA is taken from individuals whose cases are brought or
resolved under the Family Court Act;
-Require any DNA record currently stored in a DNA identification index
by any municipality to be expunged within 90 days of the effective date
of the bill.
Section 2 of the bill is the effective date.
 
JUSTIFICATION:
In 2012, the New York State DNA Identification Index was expanded to
include all people convicted of crimes defined in the Penal Law. In
expanding the law, the State carefully weighed genetic privacy against
law enforcement interests and determined that it was appropriate to
require only people convicted of crimes to give up their genetic priva-
cy.
Notwithstanding this careful examination and balance, cities, counties
and other local law enforcement entities have established their own
unregulated DNA identification indexes that permanently store and
compare DNA from people who have never been convicted or even charged.
The existence of local DNA identification indexes, especially in New
York City, has led to a gross intrusion on the privacy rights of indi-
viduals, expanding the use of DNA indexing far beyond that authorized at
the state level. As a result, New York State is among the states least
protective of genetic privacy in the country.
These unregulated DNA identification indexes exist because the Executive
Law, which created the State DNA identification index, does not express-
ly prohibit local DNA identification indexes. Therefore, this bill clar-
ifies what the Executive Law always intended; that only people convicted
of crimes may have their DNA placed in a permanent, searchable DNA iden-
tification index in New York State.
 
LEGISLATIVE HISTORY:
S.1347 of 2021-2022 (Hoylman): Died in Internet and Technology
A.6124 of 2021-2022 (Zinerman): Died in codes
S.6009 of 2019-2020 (Hoylman): Died in Internet and Technology
A.7818 of 2019-2020 (Wright): Died in Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.