Bill Text: NY S00226 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the use of DNA phenotyping in criminal prosecutions and proceedings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00226 Detail]

Download: New_York-2023-S00226-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           226

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the executive law, in relation to prohibiting the use of
          DNA phenotyping in criminal prosecutions and proceedings

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 838-c
     2  to read as follows:
     3    § 838-c. DNA phenotyping. 1. As used in this  section,  the  following
     4  terms shall have the following meanings:
     5    (a)  "DNA phenotyping" shall mean the process of predicting a person's
     6  physical biometric information and other observable physical or biochem-
     7  ical characteristics, ancestry or familial connections based on an anal-
     8  ysis of such person's DNA; and
     9    (b) "physical biometric information" shall mean an individual's  phys-
    10  ical  characteristics,  including,  but  not limited to, eye color, hair
    11  color, skin color, freckling and face shape.
    12    2. No law enforcement  agency  or  member  of  law  enforcement  shall
    13  contract for DNA phenotyping services with any public or private entity.
    14    3.  No  product  or evidence that results or flows from the use of DNA
    15  phenotyping may be used as part of reasonable cause for arrest, and  any
    16  product  or evidence that results or flows from the use of DNA phenotyp-
    17  ing is prohibited from use in  an  investigation.  For  criminal  prose-
    18  cutions  and  proceedings, any evidence or product that results or flows
    19  from the use of DNA phenotyping is inadmissible.
    20    4. Any conviction obtained, either directly or indirectly, through the
    21  use of DNA phenotyping, shall be eligible for relief in accordance  with
    22  section 440.10 of the criminal procedure law.
    23    5.  In  any  action brought by any person to enforce this section, the
    24  court may issue an injunction  to  restrain,  prevent,  or  enforce  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01859-01-3
        S. 226                              2

     1  violation of this section, including but not limited to, the destruction
     2  of  any product of DNA phenotyping. The court may mandate changes in the
     3  policies and procedures of police department rules and  guidelines  when
     4  such measures are required to remedy a violation under this section.
     5    §  2.  This  act shall take effect on the thirtieth day after it shall
     6  have become a law and any physical biometric information obtained  as  a
     7  result  of  DNA phenotyping already in possession of law enforcement and
     8  peace officers shall be immediately destroyed.