What's happening
This bill requires DNA samples from unidentified deceased persons to be collected and used for identification, expanding current procedures.
Why it matters
Expanding the use of DNA for identification. The bill requires county medical examiners and coroners to collect and submit DNA samples from unidentified deceased persons or body parts, in addition to fingerprints, enhancing the chances of identifying unknown individuals and bringing closure to families.
Integration with national databases. Collected DNA samples and identifying information must be sent to both state and national databases (including the National Missing and Unidentified Persons System and, if possible, the National Crime Information Center), potentially increasing cross-jurisdictional matches and aiding investigations beyond New York.
Clear privacy and procedural safeguards. DNA records and test results must comply with existing rules regarding confidentiality, retention, and use, ensuring that sensitive genetic information is handled with established legal protections to address privacy concerns.
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Who cares
Headline styles
Share DNA of Unidentified Persons
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to finance
- Referred to finance
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 to Identify Bodies
In Assembly Committee · Governmental Operations · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1725
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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 outside of the state. The division shall forward such records regarding such deceased persons or unidentified body parts to the National Crime
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06067-01-7
S. 1725 2
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.
Sponsor's memo
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
Section 1. 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).
Section 1-a. Amends subdivision 1 of section 838 of the executive law to ensure that the above mentioned changes are retained in permanent law.
Section 2. 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.
Section 3. 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.
Section 4. Effective date.
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 fingerprintd 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 :
2015-16: S2170/A1853 - Finance/Governmental Operations 2013-14: S3830/A2319 - Finance/Governmental Operations
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 of the calendar month next succeeding the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.