What's happening
This bill establishes a policy and guidelines for law enforcement use of online genealogy websites in New York State DNA investigations.
Why it matters
Sets clear limits on when law enforcement can use online genealogy searches. , restricting them to investigations of violent felony offenses and only after all other leads are exhausted, which aims to prevent overreach and protect genetic privacy.
Requires written agreements between law enforcement and the state. before DNA records can be used for genealogy searches, helping ensure that data sharing is controlled and governed by explicit rules.
Mandates the creation of a detailed policy and ongoing oversight. by the DNA subcommittee, including public hearings and recommendations for future legislation, which could shape how these powerful investigative tools evolve and are regulated.
Evaluates fiscal implications and procedural safeguards. for conducting online genealogy searches, potentially influencing state budgets and ensuring that resources are allocated responsibly while balancing public safety and individual rights.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Regulate Genealogy DNA Searches
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8664
IN SENATE
May 10, 2018
Introduced by Sen. BOYLE -- 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 establishing the New York state online genealogy website search policy and relates to the release of certain information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 13 of section 995-b of the executive law is amended by adding a new paragraph (e) to read as follows:
(e) (i) The DNA subcommittee shall provide nonbinding recommendations for a New York state online genealogy website search policy. The online genealogy website search policy shall include, but not be limited to, assessing and evaluating the accuracy of using online genealogy websites, providing recommendations on the parameters for using online genealogy websites, creating procedures for when online genealogy websites should and should not be used, and determining the expected fiscal implications of conducting online genealogy searches in New York state.
(ii) For the accomplishment of its purposes, the DNA subcommittee shall be authorized and empowered to undertake any studies, inquiries, surveys or analyses it may deem relevant through its own personnel or in cooperation with or by agreement with any other public or private agency.
(iii) The DNA subcommittee shall meet and hold public hearings or private meetings and shall have all the powers of a legislative committee pursuant to the legislative law.
(iv) The commission shall make a report of the DNA subcommittees findings, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor and the legislature no later than December first, two thousand eighteen.
(v) For purposes of this paragraph "online genealogy search" shall mean an intentional or deliberate search of the DNA database using an online genealogy website conducted for the purpose of potentially iden-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15653-01-8
S. 8664 2
tifying close biological relatives of the unknown forensic samples associated with the crime scene profile.
§ 2. Subdivision 6 of section 995-c of the executive law is amended by adding a new paragraph (d) to read as follows:
(d) (i) to a federal law enforcement agency, or to a state or local law enforcement agency or district attorney's office for law enforcement online genealogy searching purposes upon submission of a DNA record in connection with the investigation of the commission of one or more crimes, provided that there exists between the division and such agency a written agreement governing the use and dissemination of such DNA records in accordance with the provisions of this article;
(ii) online genealogy searches may be conducted when a law enforcement agency is investigating the commission of a violent felony offense as defined in section 70.02 of the penal law, and where there is no match of a single source DNA profile from the crime scene, and where all other leads have been exhausted.
(iii) The commission, in conjunction with the DNA subcommittee, shall create a New York state online genealogy website search policy to implement using online genealogy searching in the state of New York. The DNA subcommittee report, as authorized in paragraph (e) of subdivision thirteen of section nine hundred ninety-five-b of this article, may provide additional guidelines and recommendations for the New York state online genealogy website search policy.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or 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.
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 establishing the New York state online genealogy website search policy and relates to the release of certain information
Purpose or general idea of bill
This legislation will allow the DNA subcommittee to make nonbinding recommendations to create an online genealogy website search policy.
Summary of specific provisions
Section 1. Requires the DNA subcommittee to research findings on online genealogy websites and provide nonbinding recommendations for implemen- tation of a search policy using online genealogy websites. Requires a report to be made to the legislature by the commission no later than Dec 1, 2018.
Section 2. Authorizes online genealogy 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 Online Genealogy Search Policy to implement such searching in NY.
Section 3. Effective Date
Justification
New York currently has very narrow guidelines for familial DNA searching and rightfully so. This legislation would allow the subcommittee to explore a potential policy for use of free, online genealogy websites that make user DNA information available. Most recently, California was able to find the "Golden State Killer" using an online genealogy website that allows users to upload a DNA profile and share that information publically on the website's database. The DNA profile failed to find any matches within the federal or state databases. Clearly, use of online genealogy websites can be an important investigative tool for solving cold cases. If New York were to adopt such use of online genealogy websites, the DNA subcommittee should put forth a policy that would limit its use to only the most necessary cases, as authorized in this legislation.
Prior legislative history
None
Fiscal implications
To be determined
Effective date
180 days after it shall have become law; effective immediately any addi- tion, amendment or repeal of rules/regulation necessary for the imple- mentation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.