Requires county medical examiners or coroners to give the state police forensic laboratory DNA samples of unidentified dead or alive and missing persons upon request

BILL NUMBER:S3830

Title of bill

An act to amend the executive law, in relation to the classification procedure and use of DNA samples to identify unidentified dead and missing persons

Purpose

Requires county medical examiners or coroners to give the state police forensic laboratory DNA samples of unidentified dead and missing persons upon request.

Summary of provisions

Amends subdivision 1 of section 838 of the Executive Law to provide for DNA samples to be taken and forwarded to the New York State Police for analysis. The results will then be forwarded to the Division of Criminal Justice Services to be maintained in their missing persons files. The Division shall forward records of unidentified deceased persons or unidentified body parts to the National Crime Information Center (NCIC).

Amends subdivision 4 of section 838 of the Executive Law to provide for the comparison of DNA records received by the Division for the purpose of identifying the deceased.

Adds a new subdivision 3 to section 995-d of the Executive Law to ensure that all records, findings, reports and results of DNA testing performed pursuant to this section shall be treated in a manner consistent with subdivisions five, six, seven and eight of section nine hundred ninety-five-c of this chapter.

Justification

The New York State Police have one of the most advanced forensic laboratories in the country, making it possible to identify deceased persons through DNA technology.

Currently, when a person is reported missing, police often use fingerprints or dental records in attempting to match the missing individual to any unidentified human remains. This proactive approach to trying to assist families and bring home missing loved ones would be greatly enhanced by the use of DNA technology, since DNA "fingerprinting" is a much more advanced and positive means of identification than traditional methods, and can also be used successfully when fingerprints or dental records are unavailable or unachievable. Police involved in an investigation could obtain DNA samples from a hairbrush, clothing, bloodstains, etc. and attempt to match that DNA with DNA taken from unidentified human remains found throughout the country.

Hundreds of persons are buried in unidentified "John & Jane Doe" graves each year in New York State alone, many of whom are children. The psychological trauma that parents and relatives suffer is justification in itself for government to do whatever they can to bring even minimal closure to these missing person investigations, by identifying the deceased and allowing the families to bring their

loved ones home to eternal resting places. Statutory procedure is necessary to ensure uniform compliance, just as statutory procedure exists for fingerprinting and for dental records.

Legislative history

2011-12: A7291 referred to Governmental Operations 2009-10: A4533 referred to Governmental Operations 2007-08: A4287 referred to Governmental Operations 2005-06: A5235 referred to Governmental Operations S2888 referred to Finance 2003-04: A5844 referred to Rules S871 referred to Finance 2001-02: A1778B passed Assembly S2622B committed to Rules 2000:A10145 held in Governmental Operations S7165 committed to Rules

Fiscal implications

Minimal additional staffing at the New York State Forensic Laboratory and Division of Criminal Justice Services.

Effective date

This act shall take effect on the first day of the calendar month next succeeding the sixtieth day after it shall have become a law.