BILL NUMBER: S5806
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the executive law, in relation to the powers and duties
of the commission on forensic science regarding familial DNA search
regulations
 
PURPOSE:
To prohibit familial DNA searches of New York State's DNA identification
index.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the opening paragraph of subdivision 9 and subdivision
12 of section 995-b of the executive law to require that standards
promulgated by the commission on forensic science of the division of
criminal justice services shall prohibit a familial DNA search of the
state DNA identification index.
Section 2: Section 995-c of the executive law is amended by adding a new
subdivision 10 to prohibit a search of the state DNA identification
index for which the offender may be a biological relative of the indi-
vidual from whom the DNA sample was acquired.
Section 3: Provides for the effective date.
 
EXISTING LAW:
Section 995-b of the executive law establishes the powers and duties of
the commission on forensic science of the division of criminal justice
services.
Section 995-c of the executive law establishes New York State's DNA
identification index.
 
JUSTIFICATION:
An October 2023 New York State Court of Appeals ruling has allowed the
state to use familial DNA searches in criminal cases, reversing a lower
court ruling from the prior year that blocked the practice.
Communities of color are generally overpoliced and police DNA databases
are more likely to contain their DNA. Allowing police to use familialp
DNA could seriously invade the privacy and surveillance of communities
of color by enveloping DNA from uninvolved persons and potentially
contributing to further racial oppression.
A basic principle of American jurisprudence is to avoid unduly harming
or targeting the innocent. Familial DNA can unjustly target innocent
relatives (siblings, parents, and children) and use of such searches
would appear to violate this principle. Further, it would seem to
violate an individual's right to genetic privacy, due process, equal
protection, and equal treatment under New York State law.
 
LEGISLATIVE HISTORY:
S.7734 of 2023-2024: Referred to Internet and Technology
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DA LE:
Immediately.

Statutes affected:
S5806: 995-c executive law