Bill Text: NY S08408 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-24 - REFERRED TO INTERNET AND TECHNOLOGY [S08408 Detail]

Download: New_York-2021-S08408-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8408

                    IN SENATE

                                    February 24, 2022
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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:

     1    Section  1.  Subdivision  3  of  section 995-c of the executive law is
     2  amended by adding two new paragraphs (c) and (d) to read as follows:
     3    (c) No  DNA sample, record, product,  or evidence collected or result-
     4  ing from the collection of DNA of a victim collected in a sexual offense
     5  evidence kit shall be included in the state DNA identification index.
     6    (d) Any DNA record of  a  victim,  collected  from  a  sexual  offense
     7  evidence  kit and stored in a DNA identification index maintained by the
     8  state or any county, city, town,  village,  or  municipality,  or  enti-
     9  ty thereof,  must  be expunged within ninety days of the effective  date
    10  of this paragraph.
    11    § 2. Subdivision 1 of section 838-a of the executive law is amended by
    12  adding  four new paragraphs (g), (h), (i) and (j) to read as follows:
    13    (g) No  DNA sample, record, product,  or evidence collected or result-
    14  ing from the collection of DNA of a victim collected in a sexual offense
    15  evidence  kit    may be used as part of reasonable cause for arrest, and
    16  any product  or evidence that results from the use of DNA  of  a  victim
    17  collected  from  a sexual offense evidence kit is prohibited from use in
    18  an  investigation.  For criminal prosecutions   and    proceedings,  any
    19  evidence  or  product  that  results or flows from the use of DNA of the
    20  victim collected from a sexual offense evidence kit is inadmissible.
    21    (h) No  DNA sample, record, product  or evidence collected or  result-
    22  ing from the collection of DNA of a victim in  a sexual offense evidence
    23  kit shall be transmitted to any local or state DNA database.
    24    (i)  Any  conviction  obtained, either directly or indirectly, through
    25  the use of DNA of a victim collected in a sexual  offense  evidence  kit
    26  shall  be  eligible for relief in accordance  with section 440.10 of the
    27  criminal procedure law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14786-02-2
        S. 8408                             2

     1     (j)  In  any  action brought by any person to enforce  this  section,
     2  the  court may issue an injunction  to  restrain,  prevent,  or  enforce
     3  any violation of this section. The court  may  mandate  changes  in  the
     4  policies and procedures of police department rules and  guidelines  when
     5  such measures are required to remedy a violation under this section.
     6    §  3.  Subdivision  2  of  section  2805-i of the public health law is
     7  amended by adding four new paragraphs (l), (m), (n) and (o) to  read  as
     8  follows:
     9    (l) No  DNA sample, record, product,  or evidence collected or result-
    10  ing from the collection of DNA of a victim collected in a sexual offense
    11  evidence  kit    may be used as part of reasonable cause for arrest, and
    12  any product  or evidence that results from the use of DNA  of  a  victim
    13  collected  from  a sexual offense evidence kit is prohibited from use in
    14  an  investigation.  For criminal prosecutions   and    proceedings,  any
    15  evidence  or  product  that  results or flows from the use of DNA of the
    16  victim collected from a sexual offense evidence kit is inadmissible.
    17    (m) No  DNA sample, record, product  or evidence collected or  result-
    18  ing from the collection of DNA of a victim in  a sexual offense evidence
    19  kit shall be transmitted to any local or state DNA database.
    20    (n)  Any  conviction  obtained, either directly or indirectly, through
    21  the use of DNA of a victim collected in a sexual  offense  evidence  kit
    22  shall  be  eligible for relief in accordance  with section 440.10 of the
    23  criminal procedure law.
    24    (o)  In  any  action brought by any person to  enforce  this  section,
    25  the  court may issue an injunction  to  restrain,  prevent,  or  enforce
    26  any violation of this section. The court  may  mandate  changes  in  the
    27  policies and procedures of police department rules and  guidelines  when
    28  such measures are required to remedy a violation under this section.
    29    § 4. This act shall take effect immediately.