What's happening
This bill requires county medical examiners and coroners to collect and submit DNA samples from unidentified deceased persons for identification and includes privacy protections for such records.
Why it matters
Standardizes and expands efforts to identify unidentified deceased persons by requiring county medical examiners and coroners to collect and submit both fingerprints and DNA samples, potentially increasing the likelihood of identification when other methods fail.
Mandates prompt submission of DNA samples to the New York State Police forensic laboratory, which ensures these samples are analyzed, compared, and shared with both state and national databases, facilitating connections across jurisdictions and improving the chances of matching unidentified remains with missing persons reports.
Includes provisions to ensure that all records and results from DNA testing are handled according to existing privacy and confidentiality protections, addressing concerns about the sensitive handling and potential misuse of genetic information.
Supports broader participation in national missing persons efforts by requiring the forwarding of records to the National Crime Information Center, contingent upon its policies, thereby integrating New York's efforts with nationwide identification systems.
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Who cares
Headline styles
Share DNA to Identify Bodies
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Share DNA of Unidentified Persons
In Senate Committee · Finance · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
413
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, GALEF, AUBRY, COOK, COLTON, MOSLEY, WALTER, GRAF, MONTESANO, McDONOUGH, LUPINACCI -- Multi-Sponsored by -- M. of A. ABBATE, FARRELL, HAWLEY, HOOPER, PERRY, RIVERA, SCHIMMINGER, SIMANOWITZ -- read once and referred to the Committee on Governmental Operations
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 838 of the executive law, as amended by chapter 153 of the laws of 2016, is amended to read as follows:
1. Every county medical examiner and coroner shall promptly furnish the division and the National Missing and Unidentified Persons System created by the Office of Justice Program's National Institute of Justice, with copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, shall furnish the New York state police forensic laboratory promptly with DNA samples of deceased persons or unidentified body parts, for the purpose of classification, which samples shall then be forwarded by the state police forensic laboratory to the division for the purpose of comparison and filing, and shall furnish the division promptly with personal descriptions and other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner or coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent's identification. The division shall promptly make available personal descriptions and other identifying data, including date and place of death, of such deceased persons to all law enforcement agencies in the state, and upon request, to law enforcement agencies
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06067-01-7
A. 413 2
outside of the state. The division shall forward such records regarding such deceased persons or unidentified body parts to the National Crime Information Center upon such center adopting a policy to accept such records.
§ 2. Subdivision 4 of section 838 of the executive law, as added by chapter 670 of the laws of 1982, is amended to read as follows:
4. The division shall compare the fingerprints and DNA samples received from the county medical examiners or coroners to fingerprints and DNA band patterns on file with the division for purposes of attempting to determine the identity of the deceased. Other descriptive data supplied with the fingerprints shall also be compared to records maintained by the division concerning missing persons. The division shall submit the results of the comparisons to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
§ 3. Section 995-d of the executive law is amended by adding a new subdivision 3 to read as follows:
3. All records, findings, reports and results of DNA testing performed pursuant to subdivision one or four of section eight hundred thirtyeight of this chapter shall be subject to the provisions of this section, and shall be treated in a manner consistent with subdivisions five, six, seven and eight of section nine hundred ninety-five-c of this article.
§ 4. This act shall take effect on the first of the calendar month next succeeding the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.