Relates to the New York state familial search policy and the release of certain information for familial DNA searches

1 Co-sponsor

• Martin J. Golden

Title of bill

An act to amend the executive law, in relation to establishing the New York state familial search policy and the release of information for familial DNA searches

Purpose or general idea of bill

This bill would authorize familial DNA searching in New York and authorize the DNA subcommittee to create a report on familial searching.

Summary of specific provisions

Section 1. Requires the DNA subcommittee to research findings on familial DNA searches and provide nonbinding recommendations for implementation. Requires a report to be made to the legislature by the commission no later than Dec 1, 2017.

Section 2. Authorizes familial DNA searches in New York when there are public safety implications, a violent crime has occurred, the crime scene profile is a single source profile and all other investigative leads have been exhausted. Requires the commission in conjunction with the DNA subcommittee to create a NYS Familial Search Policy to implement familial searching in NY.

Section 3. Effective Date

Justification

Although New York currently allows for partial matching of DNA, the laws and regulations are unclear whether or not familial searching is permissible. Partial matching refers to the inadvertent matching of relatives during a routine DNA search. Familial searching is a deliberate search of the database conducted after a routine search for the purpose of potentially identifying close biological relatives of the unknown forensic samples associated with the crime scene profile.

This legislation will allow the commission and the DNA subcommittee to determine the best practices for implementing familial searching in New York by establishing a NYS Familial Search Policy. Under this legislation, familial searches will only be conducted in limited circumstances - when the crimes are violent, there is only one source to the DNA profile, and all other investigative leads have been exhausted.

Familial searching is an important investigative tool which could help catch violent perpetrators. Ten states (Arkansas, California, Colorado, Florida, Michigan, Texas, Utah, Virginia, Wisconsin, and Wyoming) use familial searches to solve cases that have exhausted all other investigative leads.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

180 days after it shall have become law; effective immediately any addition, amendment or repeal of rules/regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.